A. For purposes of this section, a premises is disorderly at which any of the following activities occur:
2. Conduct which constitutes a violation of section 4-4-2 of this code relating to noisy parties and other unnecessary and loud noises.
3. Conduct which constitutes a violation of laws relating to the possession of controlled substances, as defined in Minnesota statutes 152.01 et seq.
4. Conduct which constitutes a violation of section 4-4-1 of this code relating to disorderly conduct or creating a breach of the peace or violation of laws relating to disorderly conduct as defined in Minnesota statutes 609.72.
5. Conduct which constitutes a violation of subsection 2-3-14C of this code relating to minors possessing or consuming alcohol, subsection 2-3-14B of this code relating to providing alcohol to minors, or violation of Minnesota statutes 340A.701, 340A.702 or 340A.703, relating to the sale of intoxicating liquor.
6. Conduct which constitutes a violation of subsection 4-4-11A or 4-4-11B of this code relating to prostitution or indecent exposure, or a violation of laws relating to prostitution or acts related to prostitution as defined in Minnesota statutes 609.321, subdivision 9.
7. Conduct which constitutes a violation of section 4-4-12 of this code relating to weapons, or laws relating to unlawful use or possession of a firearm as defined in Minnesota statutes 609.66 et seq., on the registered premises.
8. Conduct which constitutes a violation of section 4-4-9 of this code relating to assaults, or 609.221 et seq., of the Minnesota statutes relating to assaults, including domestic assaults, as defined in Minnesota statutes 609.224.
9. Conduct which constitutes a violation of 609.595 of the Minnesota statutes relating to criminal damage to property.
10. Conduct which constitutes a violation of 609.713 of the Minnesota statutes relating to terroristic threats.
B. The city manager shall be responsible for administration of this section. The authority to take any action authorized under this section may be delegated to the city manager's authorized designee or designees.
C. Upon determination by the city manager or his/her designee that a rental unit registered premises was used in a disorderly manner, as described in subsection A of this section, the city manager or his/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.
D. If another instance of disorderly use of the rental unit registered premises occurs within twelve (12) months of an incident for which a notice in subsection C of this section was given, the city manager, or his/her designee, shall notify the registration holder and the renters of the affected unit of the violation and shall require the registration holder to submit a written report of the actions taken, and actions proposed to be taken, by the registration holder to prevent further disorderly use of the premises. This report shall be submitted to the city manager, or his/her authorized designee, within five (5) 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 twelve (12) months.
E. If another instance of disorderly use of the rental unit registered premises occurs within twelve (12) months after any two (2) previous instances of disorderly use for which notices were given to the registration holder and the renters of the affected unit, pursuant to this section, the rental dwelling license for the rental unit may be denied, revoked, suspended or not renewed if the actions proposed to be undertaken by licensee pursuant to subsection D of this section are inadequate and/or are not being diligently pursued. An action to deny, revoke, suspend or not renew a license under this section shall be initiated by the city manager, or his/her designee, pursuant to the procedures set out in section 9-7-13 of this chapter.
F. A determination that the registered premises have been used in a disorderly manner as described in subsection A of this section 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 chapter, "disorderly use of the rental unit registered premises" shall mean disorderly use in the particular rental unit by the renters, occupants or guests 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. No adverse license action shall be imposed where the instance of disorderly use of the licensed rental unit occurred during the pendency of eviction proceedings (unlawful detainer), or within thirty (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, if the eviction proceedings are not diligently pursued by the licensee. Further, an action to deny, revoke, suspend or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use.
I. Notwithstanding any other language of this section to the contrary, conduct which otherwise constitutes disorderly use for purposes of this section will not be deemed to be disorderly use for purposes of this section 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 section. (Ord. 2014-18, 9-8-2014)