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§ 150.42 CONDUCT ON REGISTERED PREMISES.
   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)
§ 150.43 FAILURE TO GRANT REGISTRATION, REVOCATION, SUSPENSION OR FAILURE TO RENEW REGISTRATION.
   (A)   The city reserves the right to not register a rental unit unless it complies with the requirements of this subchapter.
   (B)   Any registration issued under this subchapter is subject to the right, which is hereby expressly reserved by the city, to deny, suspend, revoke or not renew the same should the registration holder or their agents, employees, representatives or lessees directly or indirectly operate or maintain the rental dwellings contrary to the provisions of this subchapter or any other ordinance of the city or any special permit issued by the city, or the laws of the State of Minnesota. Provided, however, registration shall not be denied, suspended, revoked or not renewed if the registration holder complies with a compliance order or orders in a reasonable timely manner as determined by the City Administrator.
   (C)   The City Administrator shall notify the applicant that registration has been denied, or the registration holder that registration is being suspended, revoked or not-renewed. The suspension, revocation or non-renewal shall occur 35 days after the date of the notification order, or at such later date as set out in the notification.
   (D)   A determination by the City Administrator to deny, suspend, revoke or not renew registration of a rental unit may be appealed to the City Council by filing with the City Administrator a written notice of appeal within 15 days of the date on which the City Administrator mails such determination to the applicant or registration holder. In that event, the appeal will be heard by the City Council at its next meeting occurring at least 15 days after the filing of the notice of appeal.
   (E)   At any appeal of a determination by the City Administrator under this subchapter, the registration holder or applicant, local property manager for the registration holder or applicant, or an attorney representing them, may appear and make a presentation to the City Council. The City Administrator shall present to the City Council the basis for the determination being appealed. After the hearing, the Council may uphold, reverse or modify the decision of the City Administrator based upon the provisions of this subchapter and upon the protection of the public health, sanitation, safety or general welfare of the community at large or the residents of rental units within the city. The City Council shall issue written findings and determination within 31 days of the hearing, unless the Council extends that time for good cause.
   (F)   A decision of the City Council made as provided in this section may be appealed by Writ of Certiorari to the Court of Appeals of the State of Minnesota pursuant to its Rules of Civil Appellate Procedure.
(Ord. 2-2018, passed 2-20-2018)
§ 150.44 SUMMARY ACTION.
   (A)   As a condition of receiving rental unit registration, each registration holder is presumed to agree and consent that when the conduct of any registration holder or registration holder's agent, representative, employee or lessee, or the condition of their rental unit, or the property in or on which it is located, is detrimental to the public health, sanitation, safety and general welfare of the community at large, or residents of the rental units so as to constitute a nuisance, fire hazard, or other unsafe or dangerous condition and thus give rise to an emergency, the City Administrator shall have the authority to summarily condemn or close individual rental units or such areas of the rental dwelling as the Administrator deems necessary. Notice of summary condemnation shall be posted at the units or areas affected and shall describe the units or areas affected. No person shall remove the posted notice, other than the Fire Marshal, City Administrator, or their designated representative. Any person aggrieved by the decision or the action of the City Administrator or Fire Marshal set out in this division, may appeal the decision following the procedures set out in this subchapter. The hearing shall be conducted in the same manner as provided in this subchapter, however, the date of the hearing may be expedited with the consent of the registration holder.
   (B)   The decision of the City Administrator set forth in this division is not voided by the filing of such appeal. Only after the hearing by the City Council has been held will the decision or action of the City Administrator be affected.
(Ord. 2-2018, passed 2-20-2018)
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