SF 1147

1st Unofficial Engrossment - 86th Legislature (2009 - 2010)

Posted on 12/26/2012 11:17 p.m.

1.1A bill for an act 1.2relating to real property; specifying notice requirements; modifying provisions 1.3governing the reduced redemption period for abandoned property; providing 1.4for postponement of sale; establishing a duty to protect vacant foreclosed 1.5property under certain circumstances; providing for the imposition of fines for 1.6failure to maintain property; altering the posting requirement for trespassing on 1.7construction sites; modifying provisions governing public nuisances; imposing 1.8civil and criminal penalties; amending Minnesota Statutes 2008, sections 1.9463.251, subdivisions 2, 3; 504B.151, subdivision 1; 504B.178, subdivision 8; 1.10580.021, subdivision 1; 580.04; 580.041, subdivision 1a; 580.042, subdivision 1; 1.11580.07; 582.031; 582.032, subdivisions 2, 4, 5; 609.605, subdivision 1; 617.80, 1.12subdivision 7, by adding a subdivision; 617.81, subdivisions 2, 4. 1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14    Section 1. Minnesota Statutes 2008, section 463.251, subdivision 2, is amended to read: 1.15    Subd. 2. Order; notice. new text begin (a) new text end If in any city a building becomes vacant or unoccupied 1.16and is deemed hazardous due to the fact that the building is open to trespass and has not 1.17been secured and the building could be made safe by securing the building, the governing 1.18body may order the building secured and shall cause notice of the order to be served upon 1.19the owner of record of the premises or the owner's agent, the taxpayer identified in the 1.20property tax records for that parcel, the holder of the mortgage or sheriff's certificate, and 1.21any neighborhood association for the neighborhood in which the building is located that 1.22has requested notice, by delivering or mailing a copy to the owner or agent, the identified 1.23taxpayer, the holder of the mortgage or sheriff's certificate, and the neighborhood 1.24association, at the last known address. Service by mail is complete upon mailing. 1.25     new text begin (b) The notice under this subdivision must include a statement that: new text end 2.1     new text begin (1) informs the owner and the holder of any mortgage or sheriff's certificate of new text end 2.2 new text begin the requirements of subdivision 3 and that costs may be assessed against the property if new text end 2.3 new text begin the person does not secure the building; new text end 2.4     new text begin (2) informs the owner and the holder of any mortgage or sheriff's certificate that the new text end 2.5 new text begin person may request a hearing before the governing body challenging the governing body's new text end 2.6 new text begin determination that the property is vacant or unoccupied and hazardous; and new text end 2.7     new text begin (3) notifies the holder of any sheriff's certificate of the holder's duty under section new text end 2.8 new text begin 582.031, subdivision 1, paragraph (b), to enter the premises to protect the premises from new text end 2.9 new text begin waste and trespass if the order is not challenged or set aside and there is prima facie new text end 2.10 new text begin evidence of abandonment of the property as described in section 582.032, subdivision 7. new text end 2.11    Sec. 2. Minnesota Statutes 2008, section 463.251, subdivision 3, is amended to read: 2.12    Subd. 3. Securing building by city; lien. If the owner of the building new text begin or a holder of new text end 2.13 new text begin the sheriff's certificate of sale new text end fails to either comply or provide to the governing body a 2.14reasonable plan and schedule to comply with an order issued under subdivision 2 new text begin or to new text end 2.15 new text begin request a hearing on the order new text end within six new text begin 14 new text end days after the order is served, the governing 2.16body shall cause the building to be properly secured and the cost of securing the building 2.17may be charged against the real estate as provided in section 463.21. In the metropolitan 2.18area, as defined in section 473.121, subdivision 2, the governing body may work with 2.19neighborhood associations to develop and implement plans to secure vacant buildings in 2.20a timely and cost-effective fashion. The city may use rehabilitation and revitalization 2.21funds in implementing this section. 2.22    Sec. 3. Minnesota Statutes 2008, section 504B.151, subdivision 1, is amended to read: 2.23    Subdivision 1. Limitation on lease and notice to tenant. (a) Once a landlord has 2.24received notice of a contract for deed cancellation under section 559.21 or notice of a 2.25mortgage foreclosure sale under chapter 580 or 582, new text begin or summons and complaint under new text end 2.26 new text begin chapter 581, new text end the landlord may only enter into (i) a periodic residential lease agreement 2.27with a term of not more than two months or the time remaining in the contract cancellation 2.28period or the mortgagor's redemption period, whichever is less or (ii) a fixed term 2.29residential tenancy not extending beyond the cancellation period or the landlord's period 2.30of redemption until: 2.31    (1) the contract for deed has been reinstated or paid in full; 2.32    (2) the mortgage default has been cured and the mortgage reinstated; 2.33    (3) the mortgage has been satisfied; 2.34    (4) the property has been redeemed from a foreclosure sale; or 3.1    (5) a receiver has been appointed. 3.2    (b) Before entering into a lease under this section and accepting any rent or security 3.3deposit from a tenant, the landlord must notify the prospective tenant in writing that the 3.4landlord has received notice of a contract for deed cancellation or notice of a mortgage 3.5foreclosure sale as appropriate, and the date on which the contract cancellation period or 3.6the mortgagor's redemption period ends. 3.7    (c) This section does not apply to a manufactured home park as defined in section 3.8327C.01, subdivision 5 . 3.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to leases new text end 3.10 new text begin entered into on or after that date. new text end 3.11    Sec. 4. Minnesota Statutes 2008, section 504B.178, subdivision 8, is amended to read: 3.12    Subd. 8. Withholding rent. No tenant may withhold payment of all or any portion 3.13of rent for the last payment period of a residential rental agreement, except an oral or 3.14written month to month residential rental agreement concerning which neither the tenant 3.15nor landlord has served a notice to quit, or for the last month of a contract for deed 3.16cancellation period under section 559.21 or a mortgage foreclosure redemption period 3.17under chapter 580 new text begin , 581, new text end or 582, on the grounds that the deposit should serve as payment 3.18for the rent. Withholding all or any portion of rent for the last payment period of the 3.19residential rental agreement creates a rebuttable presumption that the tenant withheld the 3.20last payment on the grounds that the deposit should serve as payment for the rent. Any 3.21tenant who remains in violation of this subdivision after written demand and notice of this 3.22subdivision shall be liable to the landlord for the following: 3.23    (1) a penalty in an amount equal to the portion of the deposit which the landlord 3.24is entitled to withhold under subdivision 3 other than to remedy the tenant's default in 3.25the payment of rent; and 3.26    (2) interest on the whole deposit as provided in subdivision 2, in addition to the 3.27amount of rent withheld by the tenant in violation of this subdivision. 3.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to new text end 3.29 new text begin cancellations of contracts for deed in which the notice of cancellation is first served new text end 3.30 new text begin or published on or after August 1, 2009, and mortgage foreclosures under Minnesota new text end 3.31 new text begin Statutes, chapter 581, in which the lis pendens is recorded on or after August 1, 2009. new text end 3.32    Sec. 5. Minnesota Statutes 2008, section 580.021, subdivision 1, is amended to read: 4.1    Subdivision 1. Applicability. This section applies to foreclosure of mortgages under 4.2this chapter new text begin and chapter 581 new text end on property consisting of one to four family dwelling units, 4.3one of which the owner occupies as the owner's principal place of residency on the date of 4.4service of the notice of sale of the owner. 4.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to new text end 4.6 new text begin foreclosures under Minnesota Statutes, chapter 581, in which the lis pendens is recorded new text end 4.7 new text begin on or after August 1, 2009. new text end 4.8    Sec. 6. Minnesota Statutes 2008, section 580.04, is amended to read: 4.9580.04 REQUISITES OF NOTICE. 4.10Each notice shall specify new text begin or contain new text end : 4.11(1) the name of the mortgagor, the mortgagee, each assignee of the mortgage, if any, 4.12and the original or maximum principal amount secured by the mortgage; 4.13(2) the date of the mortgage, and when and where recorded, except where the 4.14mortgage is upon registered land, in which case the notice shall state that fact, and when 4.15and where registered; 4.16(3) the amount claimed to be due on the mortgage on the date of the notice; 4.17(4) a description of the mortgaged premises, conforming substantially to that 4.18contained in the mortgage new text begin , and the commonly used street address of the mortgaged new text end 4.19 new text begin premises new text end ; 4.20(5) the time and place of sale; 4.21(6) the time allowed by law for redemption by the mortgagor, the mortgagor's 4.22personal representatives or assigns; and 4.23(7) if the party foreclosing the mortgage desires to preserve the right to reduce the 4.24redemption period under section after the first publication of the notice, the 4.25notice must also state new text begin for mortgaged premises described in section 582.032, subdivision new text end 4.26 new text begin 1, the following statement new text end in capital letters: "THE TIME ALLOWED BY LAW 4.27FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL 4.28REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A 4.29JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION 4.30582.032 , DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED 4.31PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN 4.32FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION, 4.33AND ARE ABANDONED." 5.1 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to new text end 5.2 new text begin notices of sale first published on or after that date. new text end 5.3    Sec. 7. Minnesota Statutes 2008, section 580.041, subdivision 1a, is amended to read: 5.4    Subd. 1a. Applicability. This section applies to foreclosure of mortgages under this 5.5chapter new text begin and chapter 581 new text end on property consisting of one to four family dwelling units, one 5.6of which the owner occupies as the owner's principal place of residency on the date of 5.7service of the notice of sale on the owner. 5.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to new text end 5.9 new text begin foreclosures under Minnesota Statutes, chapter 581, in which the lis pendens is recorded new text end 5.10 new text begin on or after August 1, 2009. new text end 5.11    Sec. 8. Minnesota Statutes 2008, section 580.042, subdivision 1, is amended to read: 5.12    Subdivision 1. Applicability. This section applies to foreclosure of mortgages 5.13under this chapter new text begin and chapter 581 new text end . 5.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to new text end 5.15 new text begin foreclosures under Minnesota Statutes, chapter 581, in which the lis pendens is recorded new text end 5.16 new text begin on or after August 1, 2009. new text end 5.17    Sec. 9. Minnesota Statutes 2008, section 580.07, is amended to read: 5.18580.07 POSTPONEMENT. 5.19     new text begin Subdivision 1. new text end new text begin Postponement by mortgagee. new text end The sale may be postponed, from 5.20time to time, by the party conducting the foreclosure, by inserting a notice of the 5.21postponement, as soon as practicable, in the newspaper in which the original advertisement 5.22was published, at the expense of the party requesting the postponement. The notice shall 5.23be published only once. 5.24     new text begin Subd. 2. new text end new text begin Postponement by mortgagor or owner. new text end new text begin (a) If all or a part of the property new text end 5.25 new text begin to be sold is classified as homestead under section 273.124 and contains one to four new text end 5.26 new text begin dwelling units, the mortgagor or owner may postpone the sale to the first date that is not new text end 5.27 new text begin a Saturday, Sunday, or legal holiday and is five months after the originally scheduled new text end 5.28 new text begin date of sale in the manner provided in this subdivision. To postpone a foreclosure sale new text end 5.29 new text begin pursuant to this subdivision, at any time after the first publication of the notice of mortgage new text end 5.30 new text begin foreclosure sale under section 580.03 but at least 15 days prior to the scheduled sale date new text end 5.31 new text begin specified in that notice, the mortgagor shall: (1) execute a sworn affidavit in the form set new text end 5.32 new text begin forth in subdivision 3, (2) record the affidavit in the office of each county recorder and new text end 6.1 new text begin registrar of titles where the mortgage was recorded, and (3) file with the sheriff conducting new text end 6.2 new text begin the sale and deliver to the attorney foreclosing the mortgage, a copy of the recorded new text end 6.3 new text begin affidavit, showing the date and office in which the affidavit was recorded. Recording of new text end 6.4 new text begin the affidavit and postponement of the foreclosure sale pursuant to this subdivision shall new text end 6.5 new text begin automatically reduce the mortgagor's redemption period under section 580.23 to five new text end 6.6 new text begin weeks. The postponement of a foreclosure sale pursuant to this subdivision does not new text end 6.7 new text begin require any change in the contents of the notice of sale, service of the notice of sale if the new text end 6.8 new text begin occupant was served with the notice of sale prior to postponement under this subdivision, new text end 6.9 new text begin or publication of the notice of sale if publication was commenced prior to postponement new text end 6.10 new text begin under this subdivision, notwithstanding the service and publication time periods specified new text end 6.11 new text begin in section 580.03, but the sheriff's certificate of sale shall indicate the actual date of the new text end 6.12 new text begin foreclosure sale and the actual length of the mortgagor's redemption period. No notice new text end 6.13 new text begin of postponement need be published. An affidavit complying with subdivision 3 shall be new text end 6.14 new text begin prima facie evidence of the facts stated therein, and shall be entitled to be recorded. The new text end 6.15 new text begin right to postpone a foreclosure sale pursuant to this subdivision may be exercised only new text end 6.16 new text begin once, regardless whether the mortgagor reinstates the mortgage prior to the postponed new text end 6.17 new text begin mortgage foreclosure sale. new text end 6.18 new text begin (b) If the automatic stay under United States Code, title 11, section 362, applies new text end 6.19 new text begin to the mortgage foreclosure after a mortgagor or owner requests postponement of the new text end 6.20 new text begin sheriff's sale under this section, then when the automatic stay is no longer applicable, the new text end 6.21 new text begin mortgagor's or owner's election to shorten the redemption period to five weeks under this new text end 6.22 new text begin section remains applicable to the mortgage foreclosure. new text end 6.23     new text begin Subd. 3. new text end new text begin Affidavit form. new text end new text begin The affidavit referred to in subdivision 2 shall be in new text end 6.24 new text begin substantially the following form and shall contain all of the following information. new text end 6.25 new text begin STATE OF ______________ new text end 6.26 new text begin COUNTY OF ______________ new text end 6.27     new text begin ________________________________________ (whether one or more, "Owner"), new text end 6.28 new text begin being first duly sworn on oath, states as follows: new text end 6.29     new text begin 1. (He is) (She is) (They are) the owner(s) or mortgagor(s) of the real property (the new text end 6.30 new text begin "Property") situated in __________ (Name of) County, Minnesota, legally described in the new text end 6.31 new text begin attached published Notice of Mortgage Foreclosure Sale (the "Notice"), and make this new text end 6.32 new text begin affidavit for the purpose of postponing the foreclosure sale of the Property pursuant to new text end 6.33 new text begin Minnesota Statutes, section 580.07, subdivision 2, for five months from the date scheduled new text end 6.34 new text begin in the attached Notice. new text end 7.1     new text begin 2. The Property is classified as homestead under Minnesota Statutes, section new text end 7.2 new text begin 273.124, is occupied by Owner as a homestead, and is improved with not more than new text end 7.3 new text begin four dwelling units. new text end 7.4     new text begin 3. Owner has elected to shorten Owner's redemption period from any foreclosure new text end 7.5 new text begin sale of the Property to five weeks in exchange for the postponement of the foreclosure new text end 7.6 new text begin sale for five months. new text end 7.7 new text begin ___________________________________________ (signature(s) of owner) new text end 7.8 new text begin Signed and sworn to (or affirmed) before me on .......... (date) by ................ (name(s) new text end 7.9 new text begin of person(s) making statement). new text end 7.10 new text begin ___________________________________________ (signature of notary public) new text end 7.11 new text begin Notary Public new text end 7.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective one month after the date of final new text end 7.13 new text begin enactment, and applies to foreclosure sales scheduled to occur on or after said effective new text end 7.14 new text begin date. new text end 7.15    Sec. 10. Minnesota Statutes 2008, section 582.031, is amended to read: 7.16582.031 LIMITED RIGHT OF ENTRY new text begin ; DUTY TO ENTER AND PROTECT new text end 7.17 new text begin PREMISES new text end . 7.18    Subdivision 1. Right of entry. new text begin (a) new text end If premises described in a mortgage or sheriff's 7.19certificate are vacant or unoccupied, the holder of the mortgage or sheriff's certificate or 7.20the holder's agents and contractors may, but is under no obligation to, enter upon the 7.21premises to protect the premises from waste new text begin and trespass new text end , until the holder of the mortgage 7.22or sheriff's certificate receives notice that the premises are occupied. The holder of the 7.23mortgage or sheriff's certificate does not become a mortgagee in possession by taking 7.24actions authorized new text begin or required new text end under this section. An affidavit of the sheriff, new text begin the licensing, new text end 7.25 new text begin regulatory, or inspection authority of a municipality in which the property is located, new text end the 7.26holder of the mortgage or sheriff's certificate, or a person acting on behalf of the holder, 7.27describing the premises and stating that the same are vacant or unoccupied, is prima facie 7.28evidence of the facts stated in the affidavit and is entitled to be recorded in the office of the 7.29county recorder or the registrar of titles in the county where the premises are located, if it 7.30contains a legal description of the premises. 7.31     new text begin (b)(1) If the holder of a sheriff's certificate knows that there is prima facie evidence new text end 7.32 new text begin of abandonment of the property, as described in section 582.032, subdivision 7, clauses (1) new text end 7.33 new text begin to (6), the holder: new text end 8.1     new text begin (i) shall enter the premises and make reasonable periodic inspections, and install new text end 8.2 new text begin or change the locks on all doors, install locks on all windows that do not have them, and new text end 8.3 new text begin ensure that any existing window locks are functioning properly; and new text end 8.4     new text begin (ii) may, to protect the premises from waste, trespass, or falling below minimum new text end 8.5 new text begin community standards for public safety and sanitation, enter the premises and board new text end 8.6 new text begin windows, doors, and other openings, install and operate an alarm system, and otherwise new text end 8.7 new text begin prevent or minimize damage to the premises from the elements, vandalism, trespass, new text end 8.8 new text begin or other illegal activity. new text end 8.9     new text begin (2) Upon an installation or change of locks as required by this section, the holder of new text end 8.10 new text begin a sheriff's certificate must deliver a key to the premises to the mortgagor or any person new text end 8.11 new text begin lawfully claiming through the mortgagor, upon request. new text end 8.12 new text begin This paragraph only applies where the holder of a mortgage or sheriff's certificate new text end 8.13 new text begin otherwise holds five or more properties. new text end 8.14    Subd. 2. Authorized actions. The holder of the mortgage or sheriff's certificate may 8.15take the following actions to protect the premises from waste new text begin , trespass, new text end or from falling 8.16below minimum community standards for public safety and sanitation: make reasonable 8.17periodic inspections, install or change locks on doors and windows, board windows, 8.18 new text begin doors, and other openings, new text end install new text begin and operate new text end an alarm system, and otherwise prevent or 8.19minimize damage to the premises from the elements, vandalism, trespass, or other illegal 8.20activities. If the holder of the mortgage or sheriff's certificate installs or changes locks 8.21under this section, a key to the premises must be promptly delivered to the mortgagor or 8.22any person lawfully claiming through the mortgagor, upon request. 8.23    Subd. 3. Costs. All costs incurred by the holder of the mortgage new text begin or sheriff's new text end 8.24 new text begin certificate new text end to protect the premises from waste new text begin or trespass new text end or from falling below minimum 8.25community standards for public safety and sanitation may be added to the principal 8.26balance of the mortgage new text begin or the costs allowable upon redemption new text end . The costs may bear 8.27interest to the extent provided in the mortgage and may be added to the redemption price 8.28if the costs are incurred after a foreclosure sale. If the costs are incurred after a foreclosure 8.29sale, the holder of any sheriff's certificate of sale or certificate of redemption must comply 8.30with the provisions of section 582.03. The provisions of this section are in addition to, and 8.31do not limit or replace, any other rights or remedies available to holders of mortgages and 8.32sheriff's certificates, at law or under the applicable mortgage agreements. 8.33    Sec. 11. Minnesota Statutes 2008, section 582.032, subdivision 2, is amended to read: 8.34    Subd. 2. Before foreclosure sale. Notwithstanding section 580.23 or 581.10, if at 8.35any time before the foreclosure sale but not more than 30 days before the first publication 9.1of the notice of sale, a court order is entered reducing the mortgagor's redemption period to 9.2five weeks under subdivision 7, after the mortgaged premises have been sold as provided in 9.3chapter 580 or 581, the mortgagor, and the mortgagor's personal representatives or assigns, 9.4within five weeks after the sale under chapter 580, or within five weeks after the date of 9.5the order confirming the sale under chapter 581, may redeem the mortgaged premises as 9.6provided in section 580.23, subdivision 1, or 581.10, as applicable. If an order is obtained 9.7after the first publication of the notice of sale, the five-week redemption period applies 9.8only if the notice of sale contained the statement required by section , clause (7). 9.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to new text end 9.10 new text begin foreclosures for which the notice of sale is first published on or after that date. new text end 9.11    Sec. 12. Minnesota Statutes 2008, section 582.032, subdivision 4, is amended to read: 9.12    Subd. 4. Summons and complaint. In a foreclosure by advertisement, the party 9.13foreclosing a mortgage or holding the sheriff's certificate of sale new text begin or the political subdivision new text end 9.14 new text begin in which the mortgaged premises are located new text end may initiate a proceeding in district court 9.15to reduce the mortgagor's redemption period under this section. The proceeding must be 9.16initiated by the filing of a complaint, naming the mortgagor, or the mortgagor's personal 9.17representatives or assigns of record, as defendant, in district court for the county in which 9.18the mortgaged premises are located. new text begin If the proceeding is initiated by a political subdivision, new text end 9.19 new text begin the party foreclosing the mortgage or holding the sheriff's certificate of sale must also be new text end 9.20 new text begin named as a defendant and the summons and complaint shall be delivered by certified new text end 9.21 new text begin mail to the foreclosing attorney. new text end If the proceeding is commenced after the foreclosure 9.22sale, the holders of junior liens and interests entitled to notice under subdivision 3 must 9.23also be named as defendants. The complaint must identify the mortgaged premises by 9.24legal description and must identify the mortgage by the names of the mortgagor and 9.25mortgagee, and any assignee of the mortgagee; the date of its making; and pertinent 9.26recording information. The complaint must allege that the mortgaged premises are: 9.27    (1) ten acres or less in size; 9.28    (2) improved with a residential dwelling consisting of less than five units, which is 9.29not a model home or a dwelling under construction; 9.30    (3) not property used in agricultural production; and 9.31    (4) abandoned. 9.32    The complaint must request an order reducing the mortgagor's redemption period 9.33to five weeks. When the complaint has been filed, the court shall issue a summons 9.34commanding the person or persons named in the complaint to appear before the court on a 9.35day and at a place stated in the summons. The appearance date shall be not less than 15 10.1nor more than 25 days from the date of the issuing of the summons. A copy of the filed 10.2complaint must be attached to the summons. 10.3    Sec. 13. Minnesota Statutes 2008, section 582.032, subdivision 5, is amended to read: 10.4    Subd. 5. Order to show cause. In a foreclosure by action, the plaintiff or the holder 10.5of the sheriff's certificate may make a motion to reduce the mortgagor's redemption period 10.6under this section. new text begin The political subdivision in which the mortgaged premises are located new text end 10.7 new text begin may intervene in the action and make a motion to reduce the redemption period. new text end The 10.8motion must conform generally to the pleading requirements provided in subdivision 4. 10.9For purposes of the motion, the court has continuing jurisdiction over the parties and the 10.10mortgaged premises through the expiration of the redemption period. When the motion 10.11has been filed, the court shall issue an order to show cause commanding the parties it 10.12considers appropriate to appear before the court on a day and at a place stated in the order. 10.13The appearance date may not be less than 15 nor more than 25 days after the date of the 10.14order to show cause. A copy of the motion must be attached to the order to show cause. 10.15    Sec. 14. Minnesota Statutes 2008, section 609.605, subdivision 1, is amended to read: 10.16    Subdivision 1. Misdemeanor. (a) The following terms have the meanings given 10.17them for purposes of this section. 10.18(1) "Premises" means real property and any appurtenant building or structure. 10.19(2) "Dwelling" means the building or part of a building used by an individual as a 10.20place of residence on either a full-time or a part-time basis. A dwelling may be part of a 10.21multidwelling or multipurpose building, or a manufactured home as defined in section 10.22168.002, subdivision 16 . 10.23(3) "Construction site" means the site of the construction, alteration, painting, or 10.24repair of a building or structure. 10.25(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the 10.26person on whose behalf a building or dwelling is being constructed, altered, painted, or 10.27repaired and the general contractor or subcontractor engaged in that work. 10.28(5) "Posted," as used: 10.29(i) new text begin in paragraph (b), clause (4), means the placement of a sign at least 8-1/2 inches new text end 10.30 new text begin by 11 inches in a conspicuous place on the exterior of the building, or in a conspicuous new text end 10.31 new text begin place within the property on which the building is located. The sign must carry a general new text end 10.32 new text begin notice warning against trespass; new text end 10.33 new text begin (ii) new text end in paragraph (b), clause (9), means the placement of a sign at least new text begin 8-1/2 inches new text end 10.34 new text begin by new text end 11 inches square in a conspicuous place on the exterior of the building that is under 11.1construction, alteration, or repair, and additional signs in at least two conspicuous places 11.2for each ten acres being protected. new text begin or in a conspicuous place within the area being new text end 11.3 new text begin protected. If the area being protected is less than three acres, one additional sign must new text end 11.4 new text begin be conspicuously placed within that area. If the area being protected is three acres but new text end 11.5 new text begin less than ten acres, two additional signs must be conspicuously placed within that area. new text end 11.6 new text begin For each additional full ten acres of area being protected beyond the first ten acres of new text end 11.7 new text begin area, two additional signs must be conspicuously placed within the area being protected. new text end 11.8The sign must carry an appropriate new text begin a general new text end notice and the name of the person giving 11.9the notice, followed by the word "owner" if the person giving the notice is the holder of 11.10legal title to the land on which the construction site is located or by the word "occupant" 11.11if the person giving the notice is not the holder of legal title but is a lawful occupant 11.12of the land new text begin warning against trespass new text end ; and 11.13(ii) new text begin (iii) new text end in paragraph (b), clause (10), means the placement of signs that: 11.14(A) state "no trespassing" or similar terms new text begin carry a general notice warning against new text end 11.15 new text begin trespass new text end ; 11.16(B) display letters at least two inches high; 11.17(C) state that Minnesota law prohibits trespassing on the property; and 11.18(D) are posted in a conspicuous place and at intervals of 500 feet or less. 11.19(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative 11.20of a building trades labor or management organization. 11.21(7) "Building" has the meaning given in section 609.581, subdivision 2. 11.22(b) A person is guilty of a misdemeanor if the person intentionally: 11.23(1) permits domestic animals or fowls under the actor's control to go on the land 11.24of another within a city; 11.25(2) interferes unlawfully with a monument, sign, or pointer erected or marked to 11.26designate a point of a boundary, line or a political subdivision, or of a tract of land; 11.27(3) trespasses on the premises of another and, without claim of right, refuses to 11.28depart from the premises on demand of the lawful possessor; 11.29(4) occupies or enters the dwelling or locked or posted building of another, without 11.30claim of right or consent of the owner or the consent of one who has the right to give 11.31consent, except in an emergency situation; 11.32(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or 11.33vegetables growing on the premises, without the permission of the owner or occupant; 11.34(6) enters or is found on the premises of a public or private cemetery without 11.35authorization during hours the cemetery is posted as closed to the public; 12.1(7) returns to the property of another with the intent to abuse, disturb, or cause 12.2distress in or threaten another, after being told to leave the property and not to return, if the 12.3actor is without claim of right to the property or consent of one with authority to consent; 12.4(8) returns to the property of another within one year after being told to leave the 12.5property and not to return, if the actor is without claim of right to the property or consent 12.6of one with authority to consent; 12.7(9) enters the locked or posted construction site of another without the consent of the 12.8owner or lawful possessor, unless the person is a business licensee; or 12.9(10) enters the locked or posted aggregate mining site of another without the consent 12.10of the owner or lawful possessor, unless the person is a business licensee. 12.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2009, and applies to crimes new text end 12.12 new text begin committed on or after that date. new text end 12.13    Sec. 15. Minnesota Statutes 2008, section 617.80, subdivision 7, is amended to read: 12.14    Subd. 7. Owner. "Owner," for purposes of sections 617.80 to 617.87, means the 12.15person in whose name the building or affected portion is recorded with the county auditor 12.16for taxation purposes. new text begin a person having legal title to the premises, a mortgagee or vendee in new text end 12.17 new text begin possession, a trustee in bankruptcy, a receiver, or any other person having legal ownership new text end 12.18 new text begin or control of the premises. new text end 12.19    Sec. 16. Minnesota Statutes 2008, section 617.80, is amended by adding a subdivision 12.20to read: 12.21     new text begin Subd. 7a. new text end new text begin Occupant. new text end new text begin "Occupant" means a person who occupies or resides in a new text end 12.22 new text begin building or rental unit with the permission of the owner or a tenant or lessee. new text end 12.23    Sec. 17. Minnesota Statutes 2008, section 617.81, subdivision 2, is amended to read: 12.24    Subd. 2. Acts constituting a nuisance. (a) For purposes of sections 617.80 to 12.25617.87 , a public nuisance exists (1) upon proof of one or more separate behavioral 12.26incidents described in item (i), (v), or (viii), new text begin or (ix), new text end or (2) upon proof of two or more 12.27separate behavioral incidents described in item (ii), (iii), (iv), (vi), (vii), or (ix) new text begin (x) new text end , 12.28committed within the previous 12 months within the building: 12.29(i) prostitution or prostitution-related activity committed within the building; 12.30(ii) gambling or gambling-related activity committed within the building; 12.31(iii) maintaining a public nuisance in violation of section 609.74, clause (1) or (3); 12.32(iv) permitting a public nuisance in violation of section 609.745; 13.1(v) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or 13.2use of controlled substances committed within the building; 13.3(vi) unlicensed sales of alcoholic beverages committed within the building in 13.4violation of section 340A.401; 13.5(vii) unlawful sales or gifts of alcoholic beverages by an unlicensed person 13.6committed within the building in violation of section 340A.503, subdivision 2, clause (1); 13.7(viii) new text begin unlawful sales or gifts of alcoholic beverages committed within the building new text end 13.8 new text begin in violation of section 340A.401 or 340A.503, subdivision 2, clause (1), if multiple new text end 13.9 new text begin violations occur during the same behavioral incident when the building is not occupied by new text end 13.10 new text begin the owner or a tenant, lessee, or occupant; new text end 13.11 new text begin (ix) new text end unlawful use or possession of a dangerous weapon as defined in section 609.02, 13.12subdivision 6 , committed within the building; or 13.13(ix) new text begin (x) new text end violation by a commercial enterprise of local or state business licensing 13.14regulations, ordinances, or statutes prohibiting the maintenance of a public nuisance as 13.15defined in section 609.74 or the control of a public nuisance as defined in section 609.745. 13.16(b) If the building contains more than one rental unit, two or more behavioral 13.17incidents must consist of conduct: 13.18(1) anywhere in the building by the same tenant or new text begin , new text end lessee new text begin , occupant new text end , or persons 13.19acting in conjunction with or under the control of the same tenant or new text begin , new text end lessee new text begin , or occupant new text end ; 13.20(2) by any persons within the same rental unit while occupied by the same tenant 13.21or new text begin , new text end lessee new text begin , or occupant, new text end or within two or more rental units while occupied by the same 13.22tenant or new text begin , new text end lessee new text begin , or occupant new text end ; or 13.23(3) by the owner of the building or persons acting in conjunction with or under 13.24the control of the owner. 13.25(c) Proof of a nuisance exists if each of the elements of the conduct constituting the 13.26nuisance is established by clear and convincing evidence. 13.27    Sec. 18. Minnesota Statutes 2008, section 617.81, subdivision 4, is amended to read: 13.28    Subd. 4. Notice. (a) If a prosecuting attorney has reason to believe that a nuisance is 13.29maintained or permitted in the jurisdiction the prosecuting attorney serves, and intends to 13.30seek abatement of the nuisance, the prosecuting attorney shall provide the written notice 13.31described in paragraph (b), by personal service or certified mail, return receipt requested, 13.32to the owner new text begin all owners new text end and all interested parties known to the prosecuting attorney. 13.33(b) The written notice must: 13.34(1) state that a nuisance as defined in subdivision 2 is maintained or permitted in the 13.35building and must specify the kind or kinds of nuisance being maintained or permitted; 14.1(2) summarize the evidence that a nuisance is maintained or permitted in the 14.2building, including the date or dates on which nuisance-related activity or activities are 14.3alleged to have occurred; 14.4(3) inform the recipient that failure to abate the conduct constituting the nuisance or 14.5to otherwise resolve the matter with the prosecuting attorney within 30 days of service of 14.6the notice may result in the filing of a complaint for relief in district court that could, among 14.7other remedies, result in enjoining the use of the building for any purpose for one year or, 14.8in the case of a tenant, new text begin lessee, or possessor, new text end could result in cancellation of the lease; and 14.9(4) inform the owner of the options available under section 617.85.