(A) Any rental property owner shall be responsible to take appropriate action against persons occupying specific units in the licensed premises or premises who conduct themselves in a manner as to cause the premises to be disorderly in violation of the statutes or ordinances listed in division (B) below. For purposes of this subchapter, the term
PERSONS OCCUPYING THE PREMISES shall include residential tenants as defined by M.S. § 504B.001, as may be amended from time to time, and those persons on the licensed premises whose presence the tenant has invited or to which the tenant has acquiesced. Violations of this section apply to individual units within buildings or complexes containing multiple units when the conduct occurs within a unit. Violations of this section by persons occupying specific units that occur within a common area of the licensed premises shall apply both to the individual and the common area of the licensed premises.
(B) The following ordinances and statutes are applicable to this section:
(1) M.S. §§ 609.321 through 609.3241, as may be amended from time to time, prohibiting prostitution;
(2) M.S. § 609.33, as may be amended from time to time, which prohibits participation in a disorderly house;
(3) M.S. §§ 617.23 through 627.299, as may be amended from time to time, prohibiting obscenity;
(5) M.S. §§ 609.75 through 609.76, as may be amended from time to time, which prohibit gambling;
(6) M.S. §§ 152.01 through 152.025 and § 152.027, Subds. 1 and 2, as may be amended from time to time, which prohibit the unlawful sale or possession of controlled substances;
(7) M.S. Ch. 340A, as may be amended from time to time, which prohibits the unlawful sale, use or possession of alcohol beverages;
(8) M.S. §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, as may be amended from time to time, which prohibit the unlawful possession, transportation, sale, or use of weapon;
(9) M.S. § 609.72, as may be amended from time to time, which prohibits disorderly conduct; or
(10) M.S. §§ 609.221, 609.222, 609.223, 609.2231 and 609.224, as may be amended from time to time, which prohibit assaults, except that domestic assaults, as the same are defined by state law, are not included herein.
(C) The police or the City Administrator shall be charged with the responsibility of enforcing division (B) above.
(D) Upon determination by the police or City Administrator that the licensed premises were involved in a disorderly use, the police shall notify the license holder by certified mail of the violation and direct the license holder to take appropriate action to prevent further violations. Notice shall be effective if mailed to the license holder at that person's last known address. This and subsequent notices are collectively referred to as disorderly use notices.
(E) If another instance of disorderly use on the premises occurs within 12 months of an incident for which a prior disorderly use notice was given, the license holder shall be notified of the instance of disorderly use and shall also be required to submit a written report of appropriate actions taken by the rental property owner to prevent further disorderly use of the premises. This written report shall be submitted to the police in writing within five days of the notice of disorderly use of the premises within the preceding 12 months. Failure to submit the written report as required herein shall be a basis for the imposition of a fine and the revocation or suspension of the license or right to receive the license for the specific unit or units located on the licensed premises as otherwise provided for in this subchapter.
(F) If another instance of disorderly use of the premises occurs within 12 months of two or more prior disorderly use notices, the license or right to obtain a license may be revoked or suspended for a specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings, then the license or right to obtain such license as to all units in the building or complex may be suspended or revoked.
(G) If another instance of disorderly use of the premises occurs within 12 months of the expiration of a prior suspension issued pursuant to the provision of this subchapter, the license or right to obtain a license may be revoked or suspended for the specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings then the license or right to obtain a license as to all units in the building or complex may be suspended or revoked.
(H) No suspension or revocation or other sanctions shall be imposed where one or more of the three required disorderly use notices were mailed or delivered to the landlord after the rental property owner has filed an unlawful detainer action with the district court for the particular unit or units identified in the disorderly use notice. Calls to police made by rental property owners shall not be considered incidents of disorderly use in the implementation of divisions (D) through (G) above. The initiation of an unlawful detainer action shall not be a bar to sanctions, however, unless the action is diligently pursued by the rental property owner. Notice of and a copy of the unlawful detainer action shall be delivered to the Police Department. A determination that the licensed premises have been involved in a disorderly use as described in division (B) above shall be made upon a preponderance of the evidence. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of a criminal charge operate as a bar to adverse license action under this section.
(I) No suspension or revocation or other sanctions shall be imposed where one or more of the three required disorderly use notices were mailed or delivered to the landlord after the rental property owner has enrolled the premises in the crime free multi-housing program and is actively working with the Police Department to resolve the issues indicated in the disorderly use notices. This division (I) will not apply to any premises that was enrolled in the program, but failed to complete and maintain certification in all three phases within the time frame agreed upon by the property owner and the Police Department Crime Prevention Unit.
(J) This section applies to all leases, whether written or oral, and a landlord may consider any tenant's conduct listed in division (B) above to be both a material breach of the lease and grounds for termination in any unlawful detainer action. Additionally, all written leases executed after 10-1-2003, shall contain a clause providing that conduct that violates division (B) above constitutes both a material breach of the lease and grounds for termination of the lease.
(K) This subchapter is not intended to supersede criminal sanctions that may be applied to the individual who violates the statutes and ordinances listed in division (B) above.
(Prior Code, § 28-14) (Ord. 800, passed - -)