Section 455:00. Legislative Intent. It is declared to be the purpose and intent of Section 455 to protect and preserve the City's neighborhoods and public health, safety, welfare and morals of those who live there. The Owatonna City Council has determined that:
Subd. 1. There are persons residing in rental property in Owatonna engaging in disorderly conduct which results in a hostile environment for other Owatonna citizens living within rental property or in proximity to rental property;
Subd. 2. There is currently no City ordinance which provides a formal procedure by which the City can notify a rental property owner or manager of the disorderly conduct occurring on the property.
Subd. 3. There is currently no procedure by which the City can require a rental property owner or manager to respond to and resolve the occurrences of disorderly conduct occurring on the rental property and by which the City may take administrative action against the rental registration certificate or right to obtain a rental registration certificate should the owner to do so.
Accordingly, it is the intent of Section 455 to address the serious and, at times, life threatening problems posed by the occurrence of disorderly conduct to the health and safety of all Owatonna residents in all portions of this City. At the same time, the Council recognizes, acknowledges, and complies with all due process and property rights enjoyed by those who own or manage rental property as well as those who reside in such property. The Ordinance represents the City's good faith effort to balance those competing and legitimate interests.
Section 455:05. Definitions. For the purpose of this subdivision, the following terms shall have the meanings ascribed to them:
Subd. 1. 'Appropriate Action" shall mean that action which a reasonable rental property owner would take based upon the facts and circumstances of each case to prevent a reoccurrence of the disorderly use.
Subd. 2. 'License" shall mean a registration certificate or the right to receive a registration certificate as required by Section 457 of the 1992 Ordinance Code of Owatonna.
Subd. 3. 'Rental Property Owner" shall mean one who holds the license or who is otherwise obligated to obtain and maintain the license as required by Section 457 of the 1992 Ordinance Code of Owatonna.
Subd. 4. 'Licensed Premises" or 'Premises" shall mean the property owned, operated, or managed by a rental property owner and shall refer to an individual unit within a multi-unit complex when applicable.
Subd. 5. 'Disorderly" or 'Disorderly Use" shall mean that conduct occurring on the 'Licensed Premises" or 'Premises" which violates a provision of Section 455:10, Subd. 2.
Section 455:10. Conduct on Licensed Premises.
Subd. 1. A rental property owner shall be responsible to take appropriate action against persons occupying specific units in the licensed premises or premises who conduct themselves in such a manner as to cause the premises to be disorderly in violation of the statutes and ordinances listed in Subd. 2. For the purposes of this section, the term 'persons occupying the premises" shall include tenants as defined by Minn. Stat. 566.18, and those persons on the licensed premises whose presence the tenant has invited, or to which the tenant has acquiesced. Violatioy to individual units within buildings containing multiple units when the conduct occurs within a unit. Violations of this section by persons occupying specific units that occur within a common area of the licensed premises shall apply both to the individual unit and the common area of the licensed premises.
Subd. 2. The following ordinances and statues are applicable to this section:
a. Minn. Stat. 609.321 through 609.325 prohibiting prostitution.
b. Section 900:00 of the 1992 Ordinance Code of Owatonna prohibiting tumultuous conduct.
c. Minn. Stat. 609.72 and Section 945:00 of the 1992 Ordinance Code of Owatonna prohibiting disorderly conduct.
d. Minn. Stat. 609.33 prohibiting disorderly houses.
e. Minn. Stat. 617.23 through 617.299 prohibiting obscenity.
f. Minn. Stat. 609.75 through 609.763 prohibiting gambling.
g. Minn. Stat. 152.01 through 152.025 and 152.027, subdivisions 1 and 2 which prohibit the unlawful sale or possession of controlled substances.
h. Minn. Stat. Ch. 340A prohibiting the unlawful sale, use or possession of alcoholic beverages.
i. Minn. Stat. 609.66 through 609.67 and 624.712 through 624.7181 and Section 975:00 of the 1992 Ordinance Code of Owatonna which prohibit the unlawful possession, transportation, sale, or use of a weapon.
j. Minn. Stat. 609.221 through 609.224 which prohibit assaults, except that domestic assaults, as the same are defined by state law, are not included herein.
k. Minn. Stat. 609.50 which prohibits interference with a peace officer.
l. Minn. Stat. 609.705 which prohibits unlawful assembly.
m. Minn. Stat. 609.71 which prohibits riot.
n. Minn. Stat. 609.713 which prohibits terroristic threats.
o. Minn. Stat. 609.715 which prohibits presence of unlawful assembly.
p. Minn. Stat. 609.226 and Minn. Stat. 347.50 through 347.56, dangerous dogs.
q. Table 1003.2.2.2 of the International Fire Code elsewhere adopted in this Ordinance Code, providing occupancy loads and prohibiting overcrowding.
r. Minn. Stat. 609.74 through 609.745 prohibiting public nuisances and Ch. X of the 1992 Ordinance Code of Owatonna prohibiting nuisances defined therein.
s. Minn. Stat. 609.78 which prohibits interfering with '911" telephone calls.
t. Minn. Stat. 299F.362 prohibiting the willful disabling of a smoke detector.
Subd. 3. The Chief of Police, City Administrator or their designees shall be charged with the responsibility of enforcing Subd. 2.
Subd. 4. Upon determination by the City that the licensed premises were involved in a disorderly use, the City shall notify the license holder by regular mail of such violation and direct the license holder to take appropriate action to prevent further violations. Notice shall be effective if mailed to the license holder at the person's last known address. This and subsequent notices are collectively referred to as 'disorderly use notices."
Subd. 5. If another instance of disorderly use of the premises occurs within twelve (12) months of an incident for which a prior disorderly use notice 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 appropriate actions taken by the rental property owner to prevent further disorderly use of the premises. The written report shall be submitted to the Chief of Police within five (5) days of the notice of disorderly use of the premises and shall, in addition to the report of appropriate actions to be taken, detail all actions taken by the rental property owner in response to all notices of disorderly use of the premises within the preceding twelve (12) months. Failure to submit a written report as required herein shall be a basis for the imposition of a fine and the revocation or suspension of the license or right to receive the license for the specific unit or units located on the licensed premises as otherwise provided for in this section. If the notice of violation has been issued with respect to a common area of the building or complex of buildings, then the license or right to obtain such license as to all units in such building or complex may be suspended or revoked.
Subd. 6. If another instance of disorderly use of the premises occurs within twelve (12) months of the two or more prior disorderly use notices, the license or right to obtain such license may be revoked or suspended for a specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of the building or complex of buildings, then the license or right to obtain such license as to all units in such building or complex may be suspended or revoked.
Subd. 7. If another instance of disorderly use occurs within twelve (12) months of the expiration of a prior suspension issued pursuant to the provisions of this section, the license or right to obtain such license may be revoked or suspended for the specific unit or units located on the licensed premises. If the notice of violation has been issued with respect to a common area of a building or complex of buildings then the license or right to obtain such license as to all units in such building or complex may be suspended or revoked.
Subd. 8. No suspension or revocation or other sanctions shall be imposed where one or more of the three required disorderly use notices were mailed or delivered to the landlord after the rental property owner has filed an unlawful detainer action with the district court for the particular unit or units identified in the disorderly use notice. Calls to the police made by rental property owners or managers shall not be considered incidents of disorderly use in the implementation of Section 455:10, Subd. 4, 5, 6, and 7. The initiation of an unlawful detainer action shall not be a bar to sanctions, however, unless the action is diligently pursued by the rental property owner. Notice of and a copy of the unlawful detainer action shall be delivered to the Chief of Police. A determination that the licensed premises have been involved in a disorderly use as described in Subd. 2 shall be made upon the preponderance of the evidence. It shall not be necessary that criminal charges be brought against a tenant or other person to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such criminal charge operate as a bar to adverse license action under this section.
Subd. 9. This Ordinance applies to all leases, whether written or oral, and a landlord may consider any tenant's conduct listed in Section 455:10, Subd. 2, to be both a material breach of the lease and grounds for termination in any unlawful detainer action.
Subd. 10. This Ordinance is not intended to supersede criminal sanctions that may be applied to the individual who violates the statutes and ordinances in Subd. 2.
Section 455:15. License Suspension and Revocation.
Subd. 1. Upon a determination that a license or right to obtain a license may be suspended or revoked, or that a fine or other sanctions may be imposed, a public hearing shall be held before a body to be known as the 'RENTAL HOUSING COMPLAINT BOARD". The Rental Housing Complaint Board shall consist of a council member from the ward in which the licensed premises are located, the City Administrator, and the Mayor. The rental property owner shall be afforded an opportunity to appear at such hearing after receiving reasonable written notice in the manner provided in Section 457:45. The notice shall state the time, place, and issues involved. At this hearing, the rental property owners may present evidence of mitigating circumstances showing the absence of any need for a public hearing before Council to consider the revocation or suspension of the license or right to receive such a license, or the imposition of a fine or other sanctions. The Board shall in good faith hear and consider this evidence in making a determination to hold a public hearing. The recommendation of the Board shall be submitted to the City Council for its consideration. If the Council determines to call for a public hearing to consider the issue of suspension or revocation, or imposition of a fine, the Council shall follow the procedures described in Subd. 2.
Subd. 2. No suspension or revocation shall be effective until the rental property owner has been afforded an opportunity for a hearing before the City Council. Should the City Council hold a public hearing pursuant to the recommendation of the Rental Housing Complaint Board, all parties shall be afforded an opportunity to appear at such a hearing after receiving reasonable notice in the manner provided in Section 457:45. The notice shall state the time, place and issues involved. At this hearing, license holders may present evidence of the mitigating circumstances that would allow rental property owners to retain the license or right to obtain such a license. The Council shall in good faith hear and consider this evidence in making a determination to revoke or suspend the license or right to receive a license, impose civil penalties, or impose other reasonable conditions based upon violations of this section. The City Council may postpone or discontinue such proceedings if it appears that the licensee has taken appropriate measures that will prevent further instances of disorderly use.
Subd. 3. The City Council reserves the right to impose any of the following sanctions for violations of Section 455.
a. Suspend the license or right to receive a license for up to sixty (60) days; or
b. Revoke the license or right to obtain the license and establish the time period after which an application for a new certificate for the premises may be made; or
c. Impose a civil fine not to exceed an amount equal to one (1) month's rent for each violation found as a result of the hearings; or
d. Impose other reasonable conditions intended to limit future incidents of disorderly use.
Subd. 4. Upon expiration of the suspension or revocation period, a license holder shall pay to the City a reinstatement fee equal to $100.00 for the first unit and $20.00 for each additional unit.
Section 455:20. Prospective Tenant Background Investigation.
Subd. 1. The Owatonna City Council has determined that there are persons residing in rental property in Owatonna engaging in disorderly conduct which results in a hostile environment for other Owatonna citizens living in or close to the rental property. It is declared that the purpose and intent of this section is to protect and preserve the City's neighborhoods and the public health, safety, welfare and morals of citizens by providing a system at the local level for criminal history/background investigations of prospective tenants.
Subd. 2. Any owner of rental property may request that the Owatonna Police Department conduct a criminal history background investigation of a prospective tenant. Such request shall be a form approved or provided by the Owatonna Police Department. The applicant shall pay an investigation fee as established by the City Council.
Section 455:25. Misdemeanor. A violation of this section shall be a misdemeanor. Nothing in this section shall prohibit the City from pursuing other legal remedies, including an injunctive relief for any violation of this Ordinance.
Section 455:30. Severability. If any section, paragraph, phrase, or provision of this Ordinance shall be determined invalid for any reason, such determination of invalidity shall not affect the remaining provisions of this Ordinance.