HF 246

as introduced - 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; permitting a resident of the 
  1.4             jurisdiction to join in a nuisance action and recover 
  1.5             costs and attorney fees; amending Minnesota Statutes 
  1.6             1996, sections 617.81, subdivision 2; and 617.82; 
  1.7             repealing Minnesota Statutes 1996, section 617.80, 
  1.8             subdivision 6. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 617.81, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [ACTS CONSTITUTING A NUISANCE.] (a) For purposes 
  1.13  of sections 617.80 to 617.87, a public nuisance exists upon 
  1.14  proof of two or more separate behavioral incidents of one or 
  1.15  more of the following, committed within the previous 12 months 
  1.16  within the building:  
  1.17     (1) prostitution or prostitution-related activity committed 
  1.18  within the building; 
  1.19     (2) gambling or gambling-related activity committed within 
  1.20  the building; 
  1.21     (3) keeping or permitting a disorderly house within the 
  1.22  building; maintaining a public nuisance in violation of section 
  1.23  609.74, clause (1) or (3); 
  1.24     (4) permitting a public nuisance in violation of section 
  1.25  609.745; 
  1.26     (4) (5) unlawful sale, possession, storage, delivery, 
  1.27  giving, manufacture, cultivation, or use of controlled 
  2.1   substances committed within the building; 
  2.2      (5) (6) unlicensed sales of alcoholic beverages committed 
  2.3   within the building in violation of section 340A.401; 
  2.4      (6) (7) unlawful sales or gifts of alcoholic beverages by 
  2.5   an unlicensed person committed within the building in violation 
  2.6   of section 340A.503, subdivision 2, clause (1); or 
  2.7      (7) (8) unlawful use or possession of a firearm, other 
  2.8   dangerous weapon, or explosive in violation of section 609.66, 
  2.9   subdivision 1 or 1a, 609.67, or 624.713, committed within the 
  2.10  building. 
  2.11     (b) If the building contains more than one rental unit, two 
  2.12  or more behavioral incidents must consist of conduct: 
  2.13     (1) by the same tenant or lessee, or persons acting in 
  2.14  conjunction with or under the control of the same tenant or 
  2.15  lessee; 
  2.16     (2) within the same rental unit while occupied by the same 
  2.17  tenant or lessee or within two or more rental units while 
  2.18  occupied by the same tenant or lessee; or 
  2.19     (3) by the owner of the building or persons acting in 
  2.20  conjunction with or under the control of the owner. 
  2.21     (c) Proof of a nuisance exists if each of the elements of 
  2.22  the conduct constituting the nuisance is established by clear 
  2.23  and convincing evidence. 
  2.24     Sec. 2.  Minnesota Statutes 1996, section 617.82, is 
  2.25  amended to read: 
  2.26     617.82 [TEMPORARY ORDER.] 
  2.27     Whenever a prosecuting attorney has cause to believe that a 
  2.28  nuisance described in section 617.81, subdivision 2, exists 
  2.29  within the jurisdiction the attorney serves, the prosecuting 
  2.30  attorney may by verified petition seek a temporary injunction in 
  2.31  district court in the county in which the alleged public 
  2.32  nuisance exists, provided that at least 30 days have expired 
  2.33  since service of the notice required under section 617.81, 
  2.34  subdivision 4.  A resident of the jurisdiction may join the 
  2.35  prosecutor as a plaintiff in the action; may join in the same 
  2.36  action or claim against the defendant under chapter 561; and may 
  3.1   recover costs and attorney fees upon prevailing in either 
  3.2   action.  No temporary injunction may be issued without a prior 
  3.3   show cause notice of hearing to the respondents named in the 
  3.4   petition and an opportunity for the respondents to be heard.  
  3.5   Upon proof of a nuisance described in section 617.81, 
  3.6   subdivision 2, the court shall issue a temporary injunction.  
  3.7   Any temporary injunction issued must describe the conduct to be 
  3.8   enjoined. 
  3.9      Sec. 3.  [REPEALER.] 
  3.10     Minnesota Statutes 1996, section 617.80, subdivision 6, is 
  3.11  repealed.