Rochester, Minn., Code of Ordinances § 7 § 7-9-17

(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 subsection (b) of this section. For purposes of this section, the term "persons occupying the premises" includes 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 unit and to the common area of the licensed premises.
(b) The following ordinances and statutes are applicable to this section:
(1) Minn. Stats. § 609.324 prohibiting prostitution;
(2) Section 8-7-1 prohibiting indecent conduct;
(3) Section 8-7-6 prohibiting participation in a disorderly house;
(4) Minn. Stats. §§ 617.23--617.299 prohibiting obscenity;
(5) Section 8-7-8 prohibiting loud parties or gatherings or other unnecessary loud noises;
(6) Chapter 7-5 and sections 7-2-26 through 7-2-27 prohibiting overcrowding;
(7) Minn. Stats. §§ 609.75--609.76, which prohibit gambling;
(8) Minn. Stats. §§ 152.01--152.025 and 152.027, subds. 1 and 2, which prohibit the unlawful sale or possession of controlled substances;
(9) Minn. Stats. ch. 340A, which prohibits the unlawful sale, use or possession of alcoholic beverages;
(10) Minn. Stats. §§ 97B.021, 97B.045, 609.66--609.67 and 624.712--624.716, which prohibit the unlawful possession, transportation, sale, or use of a weapon;
(11) Minn. Stats. § 609.72, which prohibits disorderly conduct; or
(12) Minn. Stats. §§ 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 police or director shall be charged with the responsibility of enforcing subsection (b) of this section.
(d) Upon determination by the police or housing inspector that the licensed premises were involved in a disorderly use, the police 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 that person's last-known address. This and subsequent notices are collectively referred to as disorderly use notices.
(e) If another instance of disorderly use on the premises occurs within 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. This written report shall be submitted to the police within five 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 12 months. Failure to submit the 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 units located on the licensed premises as otherwise provided for in this chapter.
(f) If another instance of disorderly use of the premises occurs within 12 months of two or more prior disorderly use notices, the license or right to obtain such license may be revoked or suspended for a specific unit 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 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 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 unlawful detainer action with the district court for the particular unit identified in the disorderly use notice. Calls to police made by rental property owners shall not be considered incidents of disorderly use in the implementation of subsections (d) through (f) of this section. 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 police department. A determination that the licensed premises have been involved in a disorderly use as described in subsection (b) of 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.
(i) This section applies to all leases, whether written or oral, and a landlord may consider any tenant's conduct listed in subsection (b) of this section to be both a material breach of the lease and grounds for termination in any unlawful detainer action. Additionally, all written leases executed after August 31, 1995, shall contain a clause providing that conduct that violates subsection (b) of this section constitutes both a material breach of the lease and grounds for termination of such lease.
(j) This section is not intended to supersede criminal sanctions that may be applied to the individual who violates the statutes and ordinances listed in subsection (b) of this section.
(k) A purchaser of rental property against which there is an outstanding first or second disorderly use notice takes the property subject to that notice. The purchaser may petition the common council to have one or both of those notices stricken. In considering the petition, the common council shall consider the recommendations of the crime prevention unit and community development department, and shall strike one or both of the previous disorderly use notices if such action promotes the public's health, welfare and safety interests. Examples of actions that promote the public's health, welfare and safety include, but are not limited to:
(1) The need for a change in ownership of rental property that has a history of ordinance or state law violations;
(2) The implementation of new and positive rental practices, operations or policies;
(3) The attendance at the crime free multi-housing program; and
(4) The use of beneficial lease agreement terms (such as requiring background checks and allowing for eviction upon the occurrence of a disorderly use).
(5) Consistent with Minn. Stats. § 504B.205, subd. 3, nothing in this section:
(6) Requires an eviction after a specified number of calls by a residential tenant for police or emergency assistance in response to domestic abuse or any other conduct; or
(7) Provides that calls by a residential tenant for police or emergency assistance in response to domestic abuse or any other conduct may be used to penalize or assess a fine to a landlord.