(A) Owner responsible. It shall be the responsibility of the owner or resident agent to see that persons occupying the rental dwelling conduct themselves in such a manner as not to cause the premises to be disorderly. This section applies to all licenses. For purposes of this section, a rental dwelling is disorderly at which any of the following activities occur:
(1) Violation of M.S. Chapter 609, Criminal Code, as it may be amended from time to time;
(2) Violation of M.S. Chapter 152, Drugs; Controlled Substances, as it may be amended from time to time;
(3) Violation of M.S. Chapter 340A, Liquor, as it may be amended from time to time;
(4) Violation of M.S. Chapter 624, Crimes; Fireworks; Firearms, as it may be amended from time to time; or
(5) Violation of any of the provisions contained in Titles IX or XIII of this code.
(B) City enforcement. The City Manager or designee is responsible for enforcement of this section.
(C) First violation. Upon determination by the City Manager or designee that a licensed premises was used in a disorderly manner, as described in division (A) above, the City Manager or designee must give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations.
(D) Second violation. If another occurrence of disorderly use of the licensed premises occurs within six months of an incident for which a notice in division (C) above was given, the City Manager or designee must notify the licensee of the violation and must also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report must be submitted to the City Manager or designee within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding six months.
(E) Third violation.
(1) If another instance of disorderly use of the licensed premises occurs within one year after any two previous instances of disorderly use for which notices were given to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended or not renewed. Written notification will be issued by the City Manager or designee. 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 60 days after giving such notice.
(2) Following the hearing, the City 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 section.
(F) No adverse action pending eviction. No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pending 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 are not 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 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.
(G) Finding of disorderly conduct. A determination that the licensed 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 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) Service of notices. All notices given by the city under this section must be personally served on the licensee, sent by certified mail to the licensee’s last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises.
(I) Enforcement actions. Enforcement actions provided in this section are not exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the city code, state, or federal law.
(Prior Code, § 150.132) (Ord. 08-003, passed 4-22-2008) Penalty, see § 10.99