(A) The license holder shall be responsible to prevent repeat instances of disorderly conduct by tenants, members of a tenant's household and guests. For the purposes of this section, “disorderly conduct” means the following:
(1) Violations of the city code;
(2) M.S. § 609.72, as it may be amended from time to time;
(3) Gambling or gambling-related activity committed within the building;
(4) Keeping or permitting a disorderly house within the building;
(5) The resident, any member of the resident’s household or guest or other person under the resident’s control shall not engage in illegal activity, including drug-related illegal activity, on or near the said premises;
(6) The resident, any member of the resident’s household or guest or other person under the resident’s control shall not engage in any act intended to facilitate illegal activity, including drug-related illegal activity on or near the said premises;
(7) The resident or members of the household will not permit the dwelling to be used for or be used to facilitate illegal activity, including drug-related illegal activity, regardless of whether the individual engaging in such activity is a member of the household;
(8) The resident or members of the household will not engage in the manufacture, sale or distribution of illegal drugs at any location whether on or near the dwelling or premises or otherwise;
(9) Unlawful sales or gifts of alcoholic beverages by an unlicensed person committed within the building in violation of M.S. § 340A.503(2), as it may be amended from time to time;
(10) Unlawful use or possession of a firearm in violation of M.S. §§ 609.66(1)(A), 609.67 or 624.713, as they maybe amended from time to time, committed within the building;
(11) The resident, any member of the resident’s household or guest or other person under the resident’s control shall not engage in acts of violence or threats of violence, including, but not limited to: the unlawful discharge of a firearm, prostitution, criminal street gang activity, intimidation or any other conduct that jeopardizes the health, safety or welfare of the landlord, his agents or tenants.
(B) (1) Upon determination by the Police Department, Housing Inspector or Health Inspector that the licensed premises were used in a disorderly manner, the city shall notify the license holder by mail of the violation and direct the license holder to provide a written plan of corrective action to address the violations to the City Manager.
(2) If a building contains more than one rental unit, two or more incidents of disorderly conduct must consist of conduct:
(a) Anywhere in the building by the same tenant or lessee, or persons acting in conjunction with or under the control of the same tenant or lessee; or
(b) By any persons within the same rental unit while occupied by the same tenant or lessee or within two or more rental units while occupied by the same tenant or lessee.
(C) If another instance of disorderly use of the premises occurs within 12 months of an incident for which notice provided in division (A) above was given, the license holder shall be notified of the instance of disorderly use and shall also be required to submit a written report of actions taken by the landlord to eliminate future disorderly use of the premises. This written report shall be submitted to the city within five days of the notice of disorderly use of the premises and shall detail all actions taken by the license holder in response to all notices of disorderly use of the premises within the preceding 12 months.
(D) (1) If another instance of disorderly use of the premises occurs within 12 months after receipt of notices as pursuant to divisions (A) and (B) above, the rental housing unit license may be revoked or suspended by the City Council for the dwelling unit. The suspension or revocation may be for all units in a given building or complex of buildings. In lieu of suspension or revocation the City Council may fine the owner of the rental unit(s). The fine amount is applied to each dwelling unit listed on the owner’s rental license. The fine will be established by the City Council.
(2) After suspension or revocation, the City Council may reissue the license if substantial improvements are made to correct problems causing the suspension or revocation and a license holder shall pay to the city a reinstatement fee as outlined in § 116.04(A). A suspension may be stayed by the City Council subject to payment of the applicable reinstatement fees and no further violations of this section for a period of 12 months.
(E) No suspension or revocation shall be imposed where the instance of disorderly use of the premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the license holder to a tenant to vacate the premises where the disorderly use was related to and occurring in the unit for which eviction proceedings were undertaken or notice to vacate was given. Eviction proceedings shall not be a bar to sanctions however unless they are diligently pursued by the license holder.
(`86 Code, § 4.93) (Am. Ord. 705, passed 10-7-97; Am. Ord. 803, passed 8-20-02; Am. Ord. 907, passed 8-2-06) Penalty, see § 116.99