Stewartville, Minn., City Code ch. 10 §§ 1010, 1020, 1030 (2026) § 1030.11

    1030.11 Conduct on Licensed Premises.
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 listed in Subsection
        1030.11B. For purposes of this Subsection, 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 Subsection apply to individual
        units within buildings or complexes containing multiple units when the conduct occurs within
        a unit. Violations of this Subsection 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.

10-8
    2008 S-4
City of Stewartville                                                   Chapter 10 Building and Housing

B. The following ordinances and statutes are applicable to this Section:

            1. Minn. Stat. §§ 609.321 - 609.3241, prohibiting prostitution;

            2.    Minn. Stat. § 609.33, which prohibits participation in a disorderly house;

            3. Minn. Stat. § 617.23 - 617.299, prohibiting obscenity;

            4. Chapter 6 of the City Code, prohibiting loud parties or gatherings or other
            unnecessary loud noises;

            5. Minn. Stat. §§ 609.75 - 609.76, which prohibit gambling;

            6. Minn. Stat. §§ 152.01 - 152.025 and § 152.027, Subd. 1 and 2, which prohibit the
            unlawful sale or possession of controlled substances;

            7. Minn. Stat. Chapter 340A, which prohibits the unlawful sale, use or possession of
            alcoholic beverages;

            8. Minn. Stat. §§ 97B.021, 97B.045, 609.66 - 609.67 and §§ 624.712 - 624.716, which
            prohibit the unlawful possession, transportation, sale, or use of weapon;

            9. Minn. Stat. § 609.72, which prohibits disorderly conduct; or

           10. Minn. Stat. §§ 609.221 - 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 Administrator shall be charged
        with the responsibility of enforcing Division B of this Subsection.

        D. Upon determination by the Sheriff's Department or 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 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. This written report shall be submitted to the City Administrator in writing
        within five (5) working days from the date of the notice of disorderly use of the premises
        within the preceding twelve (12) months. Failure to submit the written report as required

10-9
    2008 S-4
City of Stewartville                                                   Chapter 10 Building and Housing

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 Subsection.

        F. If a third instance of disorderly use of the premises occurs within twelve (12) months of
        two (2) 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 twelve (12) months of
        the expiration of a prior suspension issued pursuant to the provision 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.

        H. No suspension or revocation or other sanctions shall be imposed where one (1) or more
        of the three (3) 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 Subsection (D through G). 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 Sheriff's Department. A
        determination that the licensed premises have been involved in a disorderly use as described
        in Division B of this Subsection 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 Subsection.

        I. This Subsection applies to all leases, whether written or oral, and a landlord may consider
        any tenant's conduct listed in Division B of this Subsection 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 April 1, 2008, shall contain a clause providing
        that conduct that violates Division B of this Subsection 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 local legislation listed in Division B of this
        Subsection.
    (Ord. 2008-2, passed 4-8-08)

                                                   10-10
    2008 S-4
City of Stewartville                                                   Chapter 10 Building and Housing

Section 1030.12 License Suspension and Revocation.

        A. Upon a determination that a license or right to obtain such 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 known as the Rental Housing Complaint Board. The Rental Housing Complaint
        Board shall consist of the Mayor, one (1) City Council Member, one (1) member of the
        Sheriff's Department and two (2) members who shall be rental property owners. All members
        of the Rental Housing Complaint Board shall be appointed annually by the City Council. All
        parties shall be offered an opportunity to appear at such hearing after receiving reasonable
        notice. The notice shall state the time, place and issues involved. At this hearing, rental
        property owners may present evidence of mitigating circumstances showing the absence of
        any need for a public hearing before the City Council to consider the revocation or suspension
        of the license or right to receive such a license, or the imposition of fines or other sanctions.
        The Board shall in good faith hear and consider this evidence in making a determination
        regarding whether or not to hold a public hearing. At the conclusion of the hearing, the Board
        shall make a recommendation to the City Council regarding whether a need exists for a public
        hearing. The Board's recommendation must be submitted to the City Council for
        consideration. If the City Council determines to call for a public hearing to consider the issue
        of suspension or revocation, or the imposition of a fine, the City Council shall follow the
        procedures described in Division B of Subsection 1030.11.

        B. No suspension or revocation shall be effective until the rental property owner has been
        afforded an opportunity for a hearing under Minn. Administrative Procedure Act
        §§ 14.57 - 14.70. 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 hearing after receiving reasonable notice. The notice shall state
        the time, place, and issues involved. At this hearing, license holders may present evidence of
        mitigating circumstances that would allow a rental property owner to retain his or her license
        or the right to obtain such a license. The City 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.

        C. The City Council reserves the right to impose any of the following sanctions for
        violations of Subsection 1030.11:

            1. Suspend the license or right to receive a license for up to sixty (60) days;

            2. Revoke the license or right to receive a license and establish the time period after
            which an application for a new certificate for the premises may be made;

10-11
    2008 S-4
City of Stewartville                                                    Chapter 10 Building and Housing

3. 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;

             4. Impose other reasonable conditions intended to limit future incidents of disorderly
             use (including but not limited to requiring the property owner(s) and manager(s) to attend
             the Crime Free Housing sessions;

            5. Upon expiration of the suspension or revocation period, a license holder shall pay
            to the City a reinstatement fee of $100. This fee may adjusted with the annual fee
            schedule.
    (Ord. 2008-2, passed 4-8-08)