HF 246

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to public nuisance; adding to the acts that 
  1.3             constitute a nuisance; amending Minnesota Statutes 
  1.4             1996, sections 617.81, subdivision 2; and 617.83; 
  1.5             repealing Minnesota Statutes 1996, section 617.80, 
  1.6             subdivision 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 617.81, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [ACTS CONSTITUTING A NUISANCE.] (a) For purposes 
  1.11  of sections 617.80 to 617.87, a public nuisance exists upon 
  1.12  proof of two or more separate behavioral incidents of one or 
  1.13  more of the following, committed within the previous 12 months 
  1.14  within the building:  
  1.15     (1) prostitution or prostitution-related activity committed 
  1.16  within the building; 
  1.17     (2) gambling or gambling-related activity committed within 
  1.18  the building; 
  1.19     (3) keeping or permitting a disorderly house within the 
  1.20  building; maintaining a public nuisance in violation of section 
  1.21  609.74, clause (1) or (3); 
  1.22     (4) permitting a public nuisance in violation of section 
  1.23  609.745; 
  1.24     (4) (5) unlawful sale, possession, storage, delivery, 
  1.25  giving, manufacture, cultivation, or use of controlled 
  1.26  substances committed within the building; 
  2.1      (5) (6) unlicensed sales of alcoholic beverages committed 
  2.2   within the building in violation of section 340A.401; 
  2.3      (6) (7) unlawful sales or gifts of alcoholic beverages by 
  2.4   an unlicensed person committed within the building in violation 
  2.5   of section 340A.503, subdivision 2, clause (1); or 
  2.6      (7) (8) unlawful use or possession of a firearm, other 
  2.7   dangerous weapon, or explosive in violation of section 609.66, 
  2.8   subdivision 1 or 1a, 609.67, or 624.713, committed within the 
  2.9   building. 
  2.10     (b) If the building contains more than one rental unit, two 
  2.11  or more behavioral incidents must consist of conduct: 
  2.12     (1) by the same tenant or lessee, or persons acting in 
  2.13  conjunction with or under the control of the same tenant or 
  2.14  lessee; 
  2.15     (2) within the same rental unit while occupied by the same 
  2.16  tenant or lessee or within two or more rental units while 
  2.17  occupied by the same tenant or lessee; or 
  2.18     (3) by the owner of the building or persons acting in 
  2.19  conjunction with or under the control of the owner. 
  2.20     (c) Proof of a nuisance exists if each of the elements of 
  2.21  the conduct constituting the nuisance is established by clear 
  2.22  and convincing evidence. 
  2.23     Sec. 2.  Minnesota Statutes 1996, section 617.83, is 
  2.24  amended to read: 
  2.25     617.83 [INJUNCTION; ORDER OF ABATEMENT.] 
  2.26     Upon proof of a nuisance described in section 617.81, 
  2.27  subdivision 2, the court shall issue a permanent injunction and 
  2.28  enter an order of abatement, except as otherwise provided by 
  2.29  section 617.85.  The permanent injunction must describe the 
  2.30  conduct permanently enjoined.  The order of abatement must 
  2.31  direct the closing of the building or a portion of it for one 
  2.32  year, except as otherwise provided in section 617.84 or 617.85, 
  2.33  unless sooner released pursuant to section 617.87.  Before an 
  2.34  abatement order is enforced against a building or portion of it, 
  2.35  the owner must be served with the abatement order and a notice 
  2.36  of the right to file a motion under section 617.85 in the same 
  3.1   manner that a summons is served under the rules of civil 
  3.2   procedure.  A copy of the abatement order shall also be posted 
  3.3   in a conspicuous place on the building or affected portion.  
  3.4      Sec. 3.  [REPEALER.] 
  3.5      Minnesota Statutes 1996, section 617.80, subdivision 6, is 
  3.6   repealed.