(A) Responsibility. It shall be the licensee’s responsibility to assure that the tenant, the tenant’s family members and the guests of any tenant or tenant’s family member not engage in disorderly behavior in the rental dwelling unit or on the premises. For the purposes of this section, the rental dwelling unit shall include common areas in the building where the rental dwelling unit is located.
(B) Disorderly behavior.
(1) For the purposes of this section, DISORDERLY BEHAVIOR may include, but is not limited to, the following:
(a) Drug related illegal activity in the rental dwelling unit or on the premises. DRUG-RELATED ILLEGAL ACTIVITY means the illegal possession, manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell or distribute a controlled substance (as defined in the Controlled Substance Act (21 U.S.C. § 802)) or possession of drug paraphernalia (M.S. § 152.092, as it may be amended from time to time). A tenant shall be deemed to be in possession of a controlled substance if any amount is located in the tenant’s rental dwelling unit or on the premises even if the tenant claims not to know the controlled substance was present unless the tenant provides a sworn statement by a person, other than another tenant or tenant’s family member, that the controlled substance was theirs and the tenant had no knowledge of the controlled substance;
(b) Acts of violence or threats of violence including, but not limited to, discharge of firearms, prostitution, intimidation or any other act that otherwise jeopardizes the health, safety or welfare of the licensee, or his or her agents or tenants, including any assault or act of arson listed in M.S. Ch. 609, as it may be amended from time to time;
(c) Violation of M.S. § 609.72 (Disorderly Conduct), as it may be amended from time to time;
(d) Violation of M.S. §§ 609.74 and 609.745 (Public Nuisance), as they may be amended from time to time;
(e) Violation of M.S. §§ 609.66, Subd.1a, 609.67 or 624.713 (Unlawful use or possession of a firearm or weapon), as they may be amended from time to time;
(f) Violation of M.S. § 609.50 (Obstructing Legal Process), as it may be amended from time to time;
(i) Violation of M.S. § 609.53 (Receiving Stolen Property), as it may be amended from time to time.
(2) Exceptions:
(a) Calls will not be counted for purposes of determining whether a license will be denied, suspended, non-renewed or revoked where the victim and suspect are “family or household members” as defined in the Domestic Abuse Act, M.S. § 518B.01, Subd. 2(b), as it may be amended from time to time, and where there is a report of “domestic abuse” as defined in the Domestic Abuse Act, M.S. § 518B.01, Subd. 2(a), as it may be amended from time to time; and
(b) Calls will not be counted for purposes of determining whether a license will be denied, suspended, non-renewed or revoked where the call is a result of a tenant, a member of a tenant’s household or guest taking action to seek emergency assistance that is protected by M.S. § 504B.205, as it may be amended from time to time, residential tenant’s right to seek police and emergency assistance.
(C) First instance. Upon determination by the Code Official that a rental dwelling unit or the premises was the location of disorderly behavior, the police and/or the City Administrator/Clerk/Treasurer shall notify by first class mail the licensee and tenant of the violation and direct the licensee to take steps to prevent further violations.
(D) Second instance. If a second instance of disorderly behavior occurs at a rental dwelling unit or on the premises within three months of the time a notice was sent for previous disorderly behavior at the same rental dwelling unit, the police and/or the City Administrator/Clerk/Treasurer shall notify by first class mail the licensee and the tenant of the violation and direct the licensee to submit, within ten days of the date of the notice, a written report of all actions taken by the licensee since the first violation notice and actions the licensee intends to take to prevent further disorderly behavior.
(E) Third instance. If a third instance of disorderly behavior occurs at a rental dwelling unit or on the premises within three months after the first of two previous notices of disorderly behavior at the same rental dwelling unit, the rental dwelling unit license may be revoked, suspended or not renewed by the City Council.
(F) Types. For purposes of this section, second and third instances of disorderly behavior shall be those which:
(1) Occur at the same rental dwelling unit;
(2) Involve tenants at the same rental dwelling unit;
(3) Involve guests or invitees at the same rental dwelling unit;
(4) Involve guests or invitees of the same tenant; or
(5) Involve the same tenant.
(G) Postponing license action. No adverse license action shall be imposed where the instance of disorderly behavior occurred during pending eviction proceedings (unlawful detainer) or within 30 days of notice given by the licensee to a tenant to vacate the rental dwelling unit. However, adverse license action may proceed when the licensee fails to diligently pursue the eviction process. 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 the licensee has taken appropriate measures which will prevent further instances of disorderly behavior which may include commencing and prosecuting an eviction process.
(H) Enforcement. Enforcement actions provided in this section shall not be exclusive, and the City Council may take any action with respect to a licensee, a tenant or the licensed rental dwelling unit(s) as is authorized by this subchapter or state law.
(Ord. 82B, passed 2-16-2011)