Stewartville, Minn., City Code ch. 14 (2026) § 1400.03

    1400.03 Conduct on Rental Premises.
Subd. 1. Any owner and/or manager of rental premises shall be responsible to take
        appropriate action against persons occupying specific units in the rental 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 Subd. 2. Those persons occupying the premises shall include

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City of Stewartville                                                         Chapter 14 Rental Premises

the tenant as defined by M.S. § 566.18, and those persons on the rental 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.

        Subd. 2 The following ordinances and statutes are applicable to this Section:

            a.   M.S. §§ 609.321 through 609.324, prohibiting prostitution.

            b. Section 670 of this Code of ordinances, prohibiting indecent conduct;

            c.   Section 680 of this Code of ordinances, prohibiting participation in a disorderly
                 house;

            d. M.S. §§ 617.23 through 617.299, prohibiting obscenity;

            e.   Section 620 of this Code of Ordinances, prohibiting loud parties or gatherings or
                 other unnecessary loud noises;

            f.   M.S. §§ 609.75 and 609.76, which prohibit gambling;

            g. M.S. §§ 152.01 through 152.025 and § 152.027, Subd. 1 and 2, which prohibit the
               unlawful sale or possession of controlled substances;

            h. M.S. § 340A.401, which prohibits the unlawful sale of alcoholic beverages;

            i.   M.S. §§ 97B.021, 97B.045, 609.66 and 609.67, and 624.712 through 634.716,
                 which prohibit the unlawful possession, transportation, sale, or use of specified
                 weapons; or

            k. M.S. § 609.72, which prohibits disorderly conduct.

        Subd. 3 The County Sheriff's Department shall be charged with the responsibility of
        enforcing Subd. 2.

        Subd. 4 Upon determination by the Sheriff's Department that the rental premises were
        involved in a disorderly use, the Sheriff's Department shall notify the owner and/or manager
        of the rental premises in person or by regular mail of such violation and shall direct the owner
        and/or manager to take appropriate action to prevent further violations. The warning shall be
        effective if mailed to the owner and/or manager at the person's last known address.

        Subd. 5 If another instance of disorderly use of the rental premises occurs within twelve (12)
        months of an incident for which a warning was given pursuant to Subd. 4 of this section, the

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City of Stewartville                                                         Chapter 14 Rental Premises

Sheriff's Department shall charge the owner and the manager of the rental premises with a
        violation of this Chapter. The first violation of this Chapter by an owner and/or manager of
        rental premises shall be a petty misdemeanor.

        Subd. 6 If another instance of disorderly use of the rental premises occurs within twelve (12)
        months of a previous conviction for a violation of this Chapter, it shall constitute a
        misdemeanor.

        Subd. 7 It shall be a defense to a charge under Subd. 5 or 6 of this section if the owner and/or
        manager of the rental premises has taken appropriate action to terminate the tenancy of those
        persons involved in the disorderly use of the rental premises prior to the issuance of the
        citation.

        Subd. 8 All written leases for rental premises in the city executed after July 1, 1998 shall
        contain a clause providing that conduct which would be a violation of Subd. 2 shall constitute
        both a material breach of the lease and grounds for termination of such lease. The failure to
        include the above mentioned clause in a lease for rental premises shall be a misdemeanor.

        Subd. 9 Any owner or manager of rental premises and any owner or manager of a
        manufactured home park located within the City may request that the Sheriff's Department
        conduct a criminal history/background investigation of a prospective tenant. The Sheriff! s
        Department shall conduct criminal history/background investigations on prospective tenants
        in rental premises and mobile home parks in the City upon request by the owner or manager
        of the premises. No investigation shall be conducted using the state Criminal Justice Data
        Communication Network (CJDN) and no information obtained from the CJDN shall be
        disseminated unless the landlord presents an Informed Consent/Waiver form approved or
        provided by the Sheriff's Department and signed by the prospective tenant. The Informed
        Consent/Waiver form must meet the requirements of M.S. § 13.05, Subd. 4(d). The applicant
        shall pay an investigation fee as established by the Law Enforcement Records Division.
    (Ord. passed 6-9-98)

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