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For the purpose of this chapter “nuisance conduct” means conduct under any of the following statutes or ordinances occurring upon private property within the city, to which the city is required to respond:
(a) Minn. Stat. § 609.75 through Minn. Stat. § 609.76, which prohibit gambling.
(b) Laws relating to prostitution or acts relating to prostitution as defined in Minn. Stat. §§ 609.321, subd. 9 and 609.324, housing individuals engaged in prostitution.
(c) Robbinsdale city code, section 2000 (drug abuse and control) or laws relating to the possession of and/or sales of controlled substances, as defined in Minn. Stat. §§ 152.01 et seq.
(d) Robbinsdale city code, Chapter XII (sale, consumption and display of liquor and beer) or laws relating to the sale of intoxicating liquor as defined in Minn. Stat. §§ 340A.401, 340A.503, 340A.701, 340A.702, or 340A.703.
(e) Robbinsdale city code, section 925 (firearms and weapons) or laws relating to unlawful use, possession, transportation, sale or use of a firearm as defined in Minn. Stat. §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716.
(f) Laws relating to murder and manslaughter as defined in Minn. Stat. §§ 609.185, 609.19, 609.195, 609.20, and 609.205.
(g) Laws relating to assault (1st, 2nd, 3rd, 4th-assault on a police officer and 5th degree assault) as defined in Minn. Stat. §§ 609.221, 609.222, 609.223, 609.2231 and 609.224, excluding domestic assaults, spousal or child abuse.
(h) Laws relating to criminal sexual conduct as defined in Minn. Stat. §§ 609.342, 609.343, 609.344, 609.345, and 609.3451.
(i) Laws which prohibit indecent exposure as defined in Minn. Stat. § 617.23.
(j) Laws which prohibit theft as defined in Minn. Stat. § 609.52.
(k) Laws which prohibit arson as defined in Minn. Stat. §§ 609.561, 609.562, 609.563, 609.5631, and 609.5632.
(l) Laws which prohibit burglary as defined in Minn. Stat. § 609.582.
(m) Laws which prohibit criminal damage to property as defined in Minn. Stat. § 609.595.
(n) Laws which prohibit interference with a police officer as defined in Minn. Stat. § 609.50.
(o) Laws which prohibit terroristic threats as defined in Minn. Stat. § 609.713.
(p) Law relating to contributing to the need for protection or services or delinquency of a minor as defined in Minn. Stat. § 260C, et. seq.
(q) Laws 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, as defined in Minn. Stat. § 609.33.
(r) Robbinsdale city code, section 2000.07 (public nuisances).
(s) Robbinsdale city code, section 605 (garbage and refuse).
(t) Robbinsdale city code, section 915 (dog control, animals) and Minn. Stat. § 609.226 and Minnesota Statutes Chapter 347 relating to dangerous dogs.
(u) Robbinsdale city code, section 1150 (fireworks) and Minn. Stat. § 624.20.
(v) Robbinsdale city code, section 2005.15 (noise control).
(w) Laws relating to disorderly conduct as defined in Minn. Stat. § 609.72.
(x) Laws relating to false emergency calls and interference with emergency calls as defined in Minn. Stat. § 609.78.
(Amended, Ord. No. 21-12)
Subdivision 1. The city may impose a repeat nuisance service call fee upon the owner or the occupant, or both, of private property if the city has rendered services or responded to the property on three or more occasions within a period of 365 days in response to or for the abatement of nuisance conduct. The city may impose an administrative penalty pursuant to city code section 117
upon the owner or the occupant, or both, of private property if the city has rendered services or responded to the property on five or more occasions within a period of 730 days in response to or for the abatement of nuisance conduct. The City may take additional adverse action related to rental licenses in accordance with Section 425
. (Amended, Ord. No. 15-05; Amended, Ord. No. 21-12)
Subd. 2. The repeat nuisance service call fee will be as set forth in the city’s fee schedule (appendix B of the city code, as amended). An additional amount may be imposed to reflect the salaries of police officers while responding to or remaining at the nuisance event, the pro rata cost of equipment, the cost of repairing city equipment and property damaged as a result of the nuisance call, and the cost of any medical treatment of injured officers.
Subd. 3. A repeat nuisance service call fee imposed under this section will be deemed delinquent if it is not paid within ten calendar days after the city mails the billing statement for the fee. If said fee, or any portion thereof, is unpaid, then a late payment fee will also be charged per the schedule of fees as set forth on Appendix B. (Amended, Ord. No. 13-01)
Subdivision 1. No repeat nuisance service call fee may be imposed against an owner or occupant of property without first providing the owner or occupant with written notice of the two previous nuisance service calls which are the basis for the fee. The written notice must:
Subd. 2. Identify the nuisance conduct that previously occurred on the property, and the dates of the previous nuisance conduct; and
Subd. 3. State that the owner or occupant may be subject to a nuisance call service fee if a third nuisance service call is rendered to the property for the same nuisance conduct; and
Subd. 4. State that the city has the right to seek other legal remedies or actions for abatement of the nuisance conduct or compliance with the law; and (Amended, Ord. No. 21-12)
Subd. 5. Be served personally in the manner required by the Minnesota Rules of Civil Procedure or be served by U.S. Mail upon the owner or occupant at the last known address.
Subdivision 1. When the city mails the billing statement for the repeat nuisance service call fee, the city will inform the owner or occupant of their right to request a hearing.
Subd. 2. The owner or occupant upon whom the fee is imposed must request a hearing within ten business days of the mailing of the billing statement, excluding the day the statement is mailed. The request for a hearing must be in writing and delivered to the city clerk. The hearing will occur within 14calendar days of the date of the request. If the owner or occupant fails to request a hearing within the time and in the manner required under this section, the right to a hearing is waived. (Amended, Ord. No.13-01)
Subd. 3. The hearing will be conducted by third-party designee in an informal manner. The Minnesota Rules of Civil Procedure and Rules of Evidence will not be strictly applied. After considering all evidence submitted, the third-party designee will make written Findings of Fact and Conclusions regarding the nuisance conduct and the imposition of the repeat nuisance service fee. The third-party designee will serve the Findings of Fact and Conclusions upon the owner or occupant and the city clerk by U.S. Mail within five calendar days of the hearing. (Amended, Ord. No. 13-01; Amended, Ord. No. 21-12)
Subd. 4. The right to a hearing is waived if the appellants fail to appear at the scheduled hearing date, unless prior contact is made to the city clerk requesting reschedule at least 24 hours prior to the hearing. (Amended, Ord. No. 21-12)
Subd. 5. Upon waiver of the right to hearing under subdivision 2 or 4 or upon service of the hearing officer’s Findings of Fact and Conclusions that the repeat nuisance call service fee is warranted, the owner or occupant must pay the fee imposed within ten calendar days of service in the manner required by Minnesota Rules of Civil Procedure or service by U.S. Mail upon the owner or occupant at the last known address. (Amended, Ord. No. 13-01; Amended, Ord. No. 21-12)
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