(A) It is the responsibility of the owner/licensee to see that persons occupying a rental dwelling conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this section, a rental dwelling is disorderly when any of the following types of conduct occur under any of the following provisions:
(1) A violation of any provision of Chapters 93 and 94 of this code (public health, safety, nuisances, and animals).
(2) A violation of any law relating to the possession of controlled substances as defined in M.S. §§ 152.01 et seq., as may be amended from time to time.
(3) A violation of any law relating to disorderly conduct as defined in M.S. § 609.72, as may be amended from time to time.
(4) A violation of any provision of Chapter 113 of this code (liquor regulations) or laws relating to the sale of intoxicating liquor as defined in M.S. §§ 340A.701, 340A.702 or 340A.703, as may be amended from time to time.
(5) A violation of any law relating to prostitution or acts relating to prostitution as defined in M.S. § 609.321, Subd. 9 and 609.324, as may be amended from time to time, housing individuals engaged in prostitution.
(6) A violation of any law relating to unlawful use or possession of a firearm as defined in M.S. §§ 609.66 et seq., as may be amended from time to time, on the licensed premises.
(7) A violation of any law relating to assaults in M.S. § 609, as may be amended from time to time.
(8) A violation of any law relating to contributing to the need for protection or services or delinquency of a minor as defined in M.S. § 260C, et seq., as may be amended from time to time.
(9) A violation of M.S. § 609.33, as may be amended from time to time, relating to owning, leasing, operating, managing, maintaining or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house.
(10) A violation of M.S. § 609.50, as may be amended from time to time, which prohibits interference with a police officer.
(11) A violation of M.S. § 609.713, as may be amended from time to time, which prohibits terroristic threats.
(12) A violation of M.S. § 609.715, as may be amended from time to time, which prohibits presence of unlawful assembly.
(13) A violation of M.S. § 609.71, as may be amended from time to time, which prohibits riot.
(14) A violation of M.S. §§ 609.226 and 347.56, as may be amended from time to time, relating to dangerous dogs.
(15) A violation of M.S. § 609.78, as may be amended from time to time, which prohibits interfering with "911" phone calls.
(16) A violation of M.S. §§ 609.75 through 609.76, as may be amended from time to time, which prohibits gambling.
(17) A violation of M.S. § 243.166, as may be amended from time to time, (Predatory Offender Registration).
(18) A violation of M.S. § 609.229, as may be amended from time to time, (Crime committed for benefit of a gang).
(19) A violation of M.S. § 609.26, Subd. 1(8), as may be amended from time to time, (causing or contributing to a child being a runaway).
(20) A violation of M.S. § 609.903, as may be amended from time to time, (Racketeering).
(B) Conduct enforcement. The City Administrator and the City Council are responsible for enforcement and administration of this section.
(C) Upon determination by the City Administrator that a rental dwelling was used in a disorderly manner, as described in division (A) of this section, the City Administrator must give notice to the owner/licensee of the violation and direct that steps be taken to prevent further violations.
(D) If a second instance of disorderly use of a rental dwelling occurs within the 12-month period following an incident for which a notice in division (C) of this section was given, the City Administrator must notify the owner/licensee of the violation and must also require the owner/licensee to submit a written report of the actions taken, and proposed to be taken to prevent further disorderly use. This written report must be submitted to the City Administrator within ten business days of receipt of the notice of disorderly use and must detail all actions taken by the owner/licensee in response to all notices of disorderly use within the preceding 12 months.
(E) (1) If a third instance of disorderly use of a rental dwelling occurs within the 12-month period following any two previous instances of disorderly use for which notices were given, the City Administrator must notify the owner/licensee of the violation and must also require the owner/licensee to submit a written report of the actions taken, and proposed to be taken, to prevent further disorderly use. The 12-month period begins on the date of the police report generated in response to the first instance of disorderly use. The written report must be submitted to the City Administrator within ten business days of receipt of the notice of disorderly use and must detail all actions taken in response to all notices of disorderly use within the preceding 12 months.
(2) After the third instance of disorderly use, the City Administrator may deny, revoke, suspend or not renew the license for the premises. Before such an action, the City Administrator must give to the owner/licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non-renewal. Such written notice must specify all violations of this section, and must state the date, time, place and purpose of the hearing. The hearing must be held no less than ten days and no more than 30 days after giving such notice.
(3) Following the hearing, the city may deny, revoke, suspend or decline to renew the license for all or any part or parts of the rental dwelling or may grant a license upon such terms and conditions as is deemed necessary to accomplish the purposes of this section.
(4) Appeal. Following receipt of a decision by the city to deny, revoke, suspend, or not renew a license, the owner/licensee may request a hearing before the City Council. The request must be made in writing to the City Administrator within ten days of the city's decision.
(5) Upon a decision to revoke, suspend, deny or not renew a license for violations of this section, the owner/licensee will not be eligible for any new rental licenses for a period determined by the City Administrator, but not to exceed one year. Any person who has had two or more licenses revoked, suspended, denied or not renewed for violations of this section, will not be eligible for any new rental licenses for a period determined by the City Administrator, but not to exceed two years.
(F) No adverse license action shall be imposed where the instance of disorderly use occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given 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 are not a bar to adverse license action, however, unless they are diligently pursued by the licensee.
(G) A determination that a rental dwelling has been used in a disorderly manner as described in division (A) of this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section.
(H) All notices given by the city under this section must be personally served on the owner/licensee, sent by certified mail to the owner/licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the rental dwelling.
(I) Enforcement actions provided in this section are not exclusive, and the city may take any action with respect to a licensee, a tenant, or a rental dwelling as is authorized by the City Code, state or federal law. The city may postpone or discontinue any enforcement action, including an action to deny, revoke, suspend, or not renew a license, if it appears that the owner/licensee has taken appropriate measures to prevent further instances of disorderly use.
(Ord. 2009-3, passed 8-24-2009) Penalty, see § 151.99