It shall be the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly.
(A) For purposes of this subchapter, a premises is disorderly at which any of the following activities occur:
(1) Conduct which constitutes a violation of the city code relating to the city public nuisance procedures;
(2) Conduct which constitutes a violation of the city code and state statute relating to noisy parties and other unnecessary and loud noises M.S. § 609.72, as it may be amended from time to time, and § 92.18 of this code of ordinances;
(3) Conduct which constitutes a violation of laws relating to the possession of controlled substances, as defined in M.S. §§ 152.01 et seq., as they may be amended from time to time;
(4) Conduct which constitutes a violation of the city code relating to disorderly conduct or creating a breach of the peace, or violation of laws relating to disorderly conduct as defined in M.S. § 609.72, as it may be amended from time to time;
(5) Conduct which constitutes a violation of the city code relating to minor possessing or consuming alcohol relating to providing alcohol to minors, or violation of M.S. §§ 340A.701 and 340A.702, as they may be amended from time to time, relating to sale of intoxicating liquor;
(6) Conduct which constitutes a violation of the city code relating to prostitution and indecent exposure, or a violation of laws relating to prostitution or acts related to prostitution as defined in M.S. §§ 609.321 through 609.324, as they may be amended from time to time;
(7) Conduct which constitutes a violation of the city code relating to weapons, or laws relating to unlawful use or possession of a firearm as defined in M.S. § 609.66, as it may be amended from time to time, on the registered premises;
(8) Conduct which constitutes a violation of the city code relating to assaults, including domestic assaults, as defined in M.S. § 609.224, as it may be amended from time to time;
(9) Conduct which constitutes a violation of laws relating to contributing to the need for protection or services or delinquency of a minor, as defined in M.S. § 260B.007, as it may be amended from time to time; and
(10) Conduct which constitutes a violation of any other federal law, state law or local ordinance which would be likely to threaten, annoy or harass other tenants or other neighbors to the residential rental unit.
(B) The City Administrator shall be responsible for administration of this subchapter. The authority to take any action authorized under this subchapter may be delegated to the City Administrator authorized designee or designees.
(C) Upon determination by the City Administrator or his or her designee that a rental unit registered premises was used in a disorderly manner, as described in the city code, the City Administrator or his or her designee, shall give notice to the registration holder and the renters of the rental unit affected, of the violation and direct the registration holder to take steps to prevent further violations. This subchapter does not apply to the property owner who has taken action to prevent disorderly use of the premises as described in division (H) below.
(D) If another instance of disorderly use of the rental unit registered premises occurs within three months of an incident for which a notice in division (C) above was given, the City Administrator, or his or her designee, shall notify the registration holder and the renters of the affected unit of the violation and shall request the registration holder to take action. This action will be asked to be submitted to the City Administrator, or his or her authorized designee, within five days of receipt of the notice of disorderly use of the premises, and shall detail all actions taken by the registration holder in response to all notices of disorderly use of the premises within the preceding three months.
(E) (1) If another instance of disorderly use of the rental unit registered premises occurs within three months after any two previous instances of disorderly use for which notices were given to the registration holder, and the renters of the affected unit, pursuant to this subchapter, and the rental property owner has not taken action to prevent disorderly use of the premises, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. An action to deny, revoke, suspend or not renew a license under this subchapter shall be initiated by the City Administrator who shall give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non-renewal. Such written notice shall specify all violations of this subchapter. and shall state the date, time, place and purpose of the hearing. The hearing shall be held no less than 30 days after giving such notice.
(2) Following the hearing, the Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this subchapter.
(3) No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend or not renew a license based upon violations of this subchapter may be postponed or discontinued at any time if it appears that the licensee has taken appropriate action which will prevent further instances of disorderly use.
(F) A determination that the registered premises have been used in a disorderly manner as described in division (A) above shall be made upon a fair preponderance of the evidence to support such a determination. It shall not be necessary that criminal charges be brought in order to support a determination of disorderly use, but the incident must have resulted in the police being called to the rental unit registered premises and a police report being prepared.
(G) For purposes of this subchapter, DISORDERLY USE OF THE RENTAL UNIT REGISTERED PREMISES shall mean disorderly use in the particular rental unit by the renters, occupants or quests or conduct by the tenants which constitutes disorderly use anywhere on the property of the apartment building, or home or mobile home park in which the rental unit is situated.
(H) (1) For the purpose of this chapter, participation and compliance by the rental property owner to the provisions of the Mahnomen City Rental Property Owners Partnership Program shall meet requirements for the rental owner "taking action to prevent further disorderly use of the premises."
(2) The City Administrator shall determine compliance of rental owners to the Mahnomen City Rental Owners Partnership Program and thereby taking action to prevent further disorderly use of the premises.
(I) Notwithstanding any other language of this subchapter to the contrary, conduct which otherwise constitutes disorderly use for purposes of this subchapter will not be deemed to be disorderly use for purposes of this subchapter if the police discovered the domestic abuse or other conduct as a result of a call by a tenant of the rental unit in which the disorderly use is occurring, or if the use is occurring outside the specific rental unit by a tenant of the rental unit which would have otherwise received notice of disorderly use pursuant to the terms of this subchapter.
(Ord. 2-2018, passed 2-20-2018)