Byron, Minn., Mun. Code Ch. 114 (2026) § 114.13

(A) Any rental property owner shall be responsible to take appropriate action against persons occupying specific units in the licensed premises who conduct themselves in such a manner as to cause the premises to be disorderly in violation of the statutes or ordinances listed in this section. For purposes of this chapter, the term PERSONS OCCUPYING THE PREMISES shall include tenants and those persons on the licensed premises whose presence the tenant has invited or to which the tenant has acquiesced. Violations of this section apply to individual units within buildings or complexes 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 and the common area of the licensed premises.


(B) The following ordinances and statutes are applicable to this section:


(1) M.S. §§ 609.321 through 609.3241 prohibiting prostitution;


(2) M.S. § 609.33 which prohibits participation in a disorderly house;


(3) M.S. §§ 617.23 through 617.299 prohibiting obscenity;


(4) Chapter 96 Nuisances in the City of Byron Code of Ordinances prohibiting public nuisances including, but not limited to; loud parties or gatherings or other unnecessary loud noises;


(5) M.S. §§ 609.75 through 609.76 which prohibit gambling;


(6) M.S. §§ 152.01 through 152.025 and § 152.027, subds. 1 and 2, which prohibit the unlawful sale or possession of controlled substances;


(7) M.S. Ch. 340A which prohibits the unlawful sale, use or possession of alcohol beverages;


(8) M.S. §§ 97B.021, 97B.045, 609.66 through 609.67 and §§ 624.712 through 624.716, which prohibit the unlawful possession, transportation, sale, or use of weapon;


(9) M.S. § 609.72 which prohibits disorderly conduct; or


(10) M.S. §§ 609.221, 609.222, 609.223, 609.2231 and 609.224, which prohibit assaults, except that domestic assaults, as the same are defined by state law, are not included herein.


(C) The Olmsted County Sheriff’s Department or the city/City Administrator shall be charged with the responsibility of enforcing this section.


(D) Upon determination by the Sheriff’s Department or city/City Administrator that the licensed premises were involved in a disorderly use, the city shall notify the license holder by 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 that person’s last known address. This and subsequent notices are collectively referred to as disorderly use notices.


(E) If a second instance of disorderly use on the premises occurs within 18 months of an incident for which a prior disorderly use notice was given, the license holder shall be notified of a meeting with the Crime Free Rental Housing Committee. The Crime Free Rental Housing Committee shall make a determination regarding whether or not to recommend to the City Council to hold a public hearing.


(F) If a third instance of disorderly use of the premises occurs within 18 months of two or more prior disorderly uses 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 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.


(G) If another instance of disorderly use of the premises occurs within 18 months of the expiration of a prior suspension issued pursuant to the provision of this chapter, 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.


(H) 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 eviction action (unlawful detainer action) with the district court for the particular unit or units identified in the disorderly use notice. Calls to the Sheriff’s Department made by rental property owners shall not be considered incidents of disorderly use in the implementation of this section.


(I) The initiation of an eviction action (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 eviction action (unlawful detainer action) shall be delivered to the city/City Administrator. A determination that the licensed premises have been involved in a disorderly use as described in this section shall be made upon a preponderance of the evidence. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section.


(J) This section applies to all leases, whether written or oral, and a landlord may consider any tenant’s conduct listed in this section to be both a material breach of the lease and grounds for termination of any eviction action (unlawful detainer action). Additionally, all written leases executed after September 1, 2008, shall contain a clause providing that conduct that violates this section constitutes both a material breach of the lease and grounds for termination of such lease.


(K) The ordinance codified in this chapter is not intended to supersede criminal sanctions that may be applied to the individual who violates the statutes and ordinances listed in this section.


(Ord. 114, passed 6-25-08)