HF 1144

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to nuisances; distinguishing between large 
  1.3             and small buildings for purposes of proving a public 
  1.4             nuisance; requiring the police authority and the 
  1.5             prosecuting attorney to present landlords with 
  1.6             evidence of criminal activity; repealing the law that 
  1.7             authorizes neighborhood groups to bring a nuisance 
  1.8             action; amending Minnesota Statutes 1998, section 
  1.9             617.81, subdivision 2, and by adding subdivisions; 
  1.10            repealing Minnesota Statutes 1998, section 617.89. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1998, section 617.81, 
  1.13  subdivision 2, is amended to read: 
  1.14     Subd. 2.  [ACTS CONSTITUTING A NUISANCE.] (a) For purposes 
  1.15  of sections 617.80 to 617.87, a public nuisance exists upon 
  1.16  proof of two or more separate behavioral incidents, of which one 
  1.17  is prosecuted as a gross misdemeanor or felony, of one or more 
  1.18  of the following, committed within the previous 12 months within 
  1.19  the building in buildings with up to four units; and upon three 
  1.20  or more separate behavioral incidents within the previous 12 
  1.21  months in buildings with five or more units:  
  1.22     (1) prostitution or prostitution-related activity committed 
  1.23  within the building; 
  1.24     (2) gambling or gambling-related activity committed within 
  1.25  the building; 
  1.26     (3) maintaining a public nuisance in violation of section 
  1.27  609.74, clause (1) or (3); 
  1.28     (4) permitting a public nuisance in violation of section 
  2.1   609.745; 
  2.2      (5) unlawful sale, possession, storage, delivery, giving, 
  2.3   manufacture, cultivation, or use of controlled substances 
  2.4   committed within the building; 
  2.5      (6) unlicensed sales of alcoholic beverages committed 
  2.6   within the building in violation of section 340A.401; 
  2.7      (7) unlawful sales or gifts of alcoholic beverages by an 
  2.8   unlicensed person committed within the building in violation of 
  2.9   section 340A.503, subdivision 2, clause (1); 
  2.10     (8) unlawful use or possession of a firearm in violation of 
  2.11  section 609.66, subdivision 1a, 609.67, or 624.713, committed 
  2.12  within the building; or 
  2.13     (9) violation by a commercial enterprise of local or state 
  2.14  business licensing regulations, ordinances, or statutes 
  2.15  prohibiting the maintenance of a public nuisance as defined in 
  2.16  section 609.74 or the control of a public nuisance as defined in 
  2.17  section 609.745. 
  2.18     (b) If the building contains more than one rental unit, two 
  2.19  or more behavioral incidents must consist of conduct: 
  2.20     (1) anywhere in the building by the same tenant or lessee, 
  2.21  or persons acting in conjunction with or under the control of 
  2.22  the same tenant or lessee; 
  2.23     (2) by any persons within the same rental unit while 
  2.24  occupied by the same tenant or lessee or within two or more 
  2.25  rental units while occupied by the same tenant or lessee; or 
  2.26     (3) by the owner of the building or persons acting in 
  2.27  conjunction with or under the control of the owner. 
  2.28     (c) Proof of a nuisance exists if each of the elements of 
  2.29  the conduct constituting the nuisance is established by clear 
  2.30  and convincing evidence. 
  2.31     Sec. 2.  Minnesota Statutes 1998, section 617.81, is 
  2.32  amended by adding a subdivision to read: 
  2.33     Subd. 5.  [TRANSMITTAL OF COPY OF ARREST REPORT.] In order 
  2.34  for an offense to be included in the count of incidents 
  2.35  constituting a public nuisance, the police authority that refers 
  2.36  the case for prosecution shall transmit a copy of the arrest 
  3.1   report pertaining to the incident to the owner of the building 
  3.2   at the address listed by the county taxation authority and, if 
  3.3   applicable, to the holder of the building's rental license.  In 
  3.4   addition, the prosecuting attorney shall transmit a letter to 
  3.5   the building owner and holder of its rental license which states 
  3.6   that sufficient evidence exists to prosecute the case for a 
  3.7   misdemeanor, gross misdemeanor, or felony.  The documents will 
  3.8   be considered acceptable in court as evidence of a probable 
  3.9   lease violation.  If, within 30 days of receiving the police 
  3.10  report, the building owner or holder of the rental license files 
  3.11  a motion in court to evict the tenant or tenants named in the 
  3.12  police report as responsible for the nuisance condition, or if 
  3.13  no individual is named in the report, or if the police or 
  3.14  prosecuting attorney fail to transmit the reports or letters 
  3.15  referenced in this section, the pertinent offense may not be 
  3.16  included in the count of behavioral incidents referenced in 
  3.17  subdivision 2. 
  3.18     Sec. 3.  Minnesota Statutes 1998, section 617.81, is 
  3.19  amended by adding a subdivision to read: 
  3.20     Subd. 6.  [EVICTION; FEES.] In eviction cases referenced in 
  3.21  subdivision 5, the court will waive the customary filing fee.  
  3.22  With the permission of the court, eviction of the accused tenant 
  3.23  may be stayed until conviction for the stated offense. 
  3.24     Sec. 4.  [REPEALER.] 
  3.25     Minnesota Statutes 1998, section 617.89, is repealed.