(A) For the purposes of this section, a premises is disorderly at which any of the following activities occur:
(1) Conduct which constitutes a violation of the city ordinances relating to public nuisances.
(2) Noisy parties and other unnecessary and loud noises which disturb occupants of adjoining dwelling units or premises or persons using public recreation areas or other public facilities.
(3) Conduct which constitutes a violation of laws relating to the possession of controlled substances as defined in Minnesota Statutes.
(4) Conduct which constitutes disorderly conduct or creates a breach of the peace or violates laws relating to disorderly conduct as defined in Minnesota Statutes.
(5) Minors possessing or consuming alcohol, providing alcohol to minors, or violation of Minnesota Statutes relating to sale of intoxicating liquor.
(6) Prostitution and indecent exposure or a violation of laws relating to prostitution or acts related to prostitution as defined in Minnesota Statutes.
(7) Unlawful use or possession of a firearm as defined in Minnesota Statutes or federal laws or regulations.
(8) Assaults, including domestic assaults as defined in Minnesota Statutes.
(9) Contributing to the need for protection, services, or delinquency of a minor as defined in Minnesota Statutes.
(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) Upon determination by the Police Chief that a rental unit registered premises was used in a disorderly manner, notice shall be given 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.
(C) If another instance of disorderly use of the rental unit registered premises occurs within three months of an incident for which a notice was given, the city shall notify the registration holder and the renters of the affected unit of the violation and shall request the registration holder to submit a written report of the actions taken and proposed to be taken by the registration holder to prevent further disorderly use of the premises. This report shall be submitted to the city 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.
(D) 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, an additional notice should be sent to the registration holder and the renters.
(E) A determination that the registered premises have been used in a disorderly manner as described herein 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.
(F) For purposes of this section, 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, home, or mobile home park in which the rental unit is situated.
(G) The provisions of this section requesting the registration holder’s response to notices is not mandatory, and a registration holder shall not be in violation of this section if the registration holder does not respond to the request.
(Ord. 213, passed 2-7-00) Penalty, see § 151.999