(A) The license holder shall be responsible to cause persons occupying the dwelling unit to conduct themselves in such a manner as to not cause the premises to be disorderly (such term, for purposes of this division encompassing conduct that would be illegal as defined by Minnesota Statute, or would violate a city ordinance including City Code Chapters 153 (Zoning) and 97 (Nuisance)).
(B) The license holder shall be responsible for maintaining the dwelling unit and the licensed property so that a nuisance condition, as defined by the Le Sueur City Code or a violation of Chapter 97 of the Le Sueur City Code, is not allowed or permitted to exist, occur, remain upon or be in any licensed property.
(C) The police and/or Building Official/enforcement officer shall be charged with the responsibility of enforcing division (A) and (B).
(D) Upon determination by the police or Building Official /enforcement officer that the licensed premises were used in any disorderly manner the police or Building Official/enforcement officer shall notify the license holder by regular mail of such violation as follows:
(1) Anytime, day or night, that the premises are involved in any of the following:
(a) Unlicensed sale of intoxicating liquor or non-intoxicating malt beverages;
(b) Illegal furnishment of intoxicating liquor or non-intoxicating malt beverages to persons under 21 years of age;
(c) Illegal consumption of intoxicating liquor or non-intoxicating malt beverages by persons under 21 years of age;
(d) Crimes that include gambling, prostitution or pornography as defined by Minnesota's Criminal Statutes;
(e) Sale or use of illegal drugs by any person on the premises; and/or
(f) Public nuisance complaint, as defined by city ordinance or Minnesota Statute, including trash, junk motor vehicle storage, yard maintenance issues, and the like;
(2) Anytime, day or night, that the premises are involved in a manner affecting the public health, safety or welfare of the neighborhood and an arrest is made or charges are sought for any of the following:
(a) Disorderly conduct;
(b) Disturbing the peace;
(c) Obstructing an officer;
(d) Assault;
(e) Criminal damage to property; and/or
(f) Crimes that include gambling, prostitution or pornography as defined by Minnesota's Criminal Statutes;
(3) Between the hours of 7:00 a.m. and 10:00 p.m. for any of the following:
(a) Where the police respond a second time and describe the activity as being loud, disruptive, intrusive, or in any manner affecting the health, safety, welfare or peace of the neighborhood or public on both occasions;
(b) Where the police respond initially and describe the activity as being loud, disruptive, intrusive, or in any manner affecting the health, safety, welfare or peace of the neighborhood or public and persons involved refuse to comply with police directives to curtail the behavior; and/or
(c) Where the police respond on three separate dates and describe the activity as being loud, disruptive, intrusive, or in any manner affecting the health, safety, welfare or peace of the neighborhood or public;
(4) Between the hours of 10:00 p.m. and 7:00 a.m. for any one or more of the following:
(a) Where police describe the noise level outside the confines of the dwelling unit as loud and/or intrusive. This description should give some indication of the distance that the noises were heard;
(b) Where people are using profanity that can be heard outside the confines of the dwelling unit;
(c) Where music, either from the confines of the dwelling unit, the yard area of the dwelling unit, or any parking area defined for the dwelling unit, can be heard from the street, alley, or neighboring yards; and
(d) Where a gathering is going on either in and/or out of the dwelling unit in a manner that involves any of the following:
1. Disruption of the neighborhoods (i.e. revving of the cars, squealing of tires, loud shouting, and the like);
2. Littering;
3. Inappropriate behavior (i.e. urinating in yards, persons passed out, and the like);
4. Damage of property and the investigating officer(s) can show that the inappropriate activity was directly related to the licensed premises. Proof may include, but is not limited to, direct observations by officers, admissions by persons present or testimony/statements by complainants and witnesses; and/or
5. Where officers are unable to personally verify the existence of any of the criteria listed in 1. thru 4. above, but complainants/witnesses are willing to testify to one of more of the facts at a criminal or civil proceeding.
(E) If a third notice pursuant to division (D) of disorderly use of the premises occurs within a 12 month period or five notices in a 24 month period, the dwelling unit rental license shall be revoked or suspended for such dwelling unit. Such suspension or revocation shall be for all units in a given building or complex of buildings. If the notice of violation has been with respect to a common area of a building or complex of buildings, then the license as to all units in such building or complex of buildings may be suspended or revoked. Upon suspension or revocation, a license holder may pay to the city a reinstatement fee for each unit relicensed , and said reinstatement will be at the discretion of the city giving consideration to the repeated violations of this section as well as to be pursuant to the licensing standards set forth in this chapter. A suspension or revocation may be stayed subject to payment of the applicable reinstatement fees and no further violations of this section for a period of 12 months.
(F) No suspension or revocation shall be imposed where the instance of disorderly use of the premises occurred during the pendency of eviction proceedings (unlawful detainer) brought by the license holder or within 30 days of notice given by the license holder to a tenant to vacate the premises where the disorderly use was related to and occurring in the unit for which eviction proceedings were undertaken or notice to vacate was given. Eviction proceedings shall not be a bar to sanctions, however, unless they are diligently pursued by the license holder.
(Ord. 549, passed 10-12-2015; Ord. 578, passed 11-26-2018)