SF 885

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public nuisance; modifying the grounds and 
  1.3             procedure for proving a nuisance; amending Minnesota 
  1.4             Statutes 1994, sections 617.80, subdivisions 2, 4, 5, 
  1.5             8, and by adding a subdivision; 617.81, subdivision 2; 
  1.6             617.82; and 617.85. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 617.80, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [BUILDING.] "Building" means a structure suitable 
  1.11  for human shelter, a commercial structure that is maintained for 
  1.12  business activities that involve human occupation, or any 
  1.13  portion of such structures the structure, or the land 
  1.14  surrounding the structure.  If the building is a multiunit 
  1.15  dwelling, a hotel or motel, or a commercial or office building, 
  1.16  the term "building," for purposes of sections 617.80 to 617.87, 
  1.17  means only the portion of the building within or outside the 
  1.18  structure in which a nuisance is maintained or permitted, such 
  1.19  as a dwelling unit, room, suite of rooms, office, common area, 
  1.20  storage area, garage, or parking area. 
  1.21     Sec. 2.  Minnesota Statutes 1994, section 617.80, 
  1.22  subdivision 4, is amended to read: 
  1.23     Subd. 4.  [PROSTITUTION.] "Prostitution" or "prostitution- 
  1.24  related offenses" means the conduct defined in sections 609.321 
  1.25  to 609.324. 
  1.26     Sec. 3.  Minnesota Statutes 1994, section 617.80, 
  2.1   subdivision 5, is amended to read: 
  2.2      Subd. 5.  [GAMBLING.] "Gambling" or "gambling-related 
  2.3   offenses" means the conduct described in sections 609.75 to 
  2.4   609.762. 
  2.5      Sec. 4.  Minnesota Statutes 1994, section 617.80, 
  2.6   subdivision 8, is amended to read: 
  2.7      Subd. 8.  [INTERESTED PARTY.] "Interested party," for 
  2.8   purposes of sections 617.80 to 617.87, means any known lessee or 
  2.9   tenant of a building or affected portion of a building and; any 
  2.10  known agent of an owner, lessee, or tenant; or any other person 
  2.11  who maintains or permits a nuisance and is known to the city 
  2.12  attorney, county attorney, or attorney general. 
  2.13     Sec. 5.  Minnesota Statutes 1994, section 617.80, is 
  2.14  amended by adding a subdivision to read: 
  2.15     Subd. 9.  [PROSECUTING ATTORNEY.] "Prosecuting attorney" 
  2.16  means the attorney general, county attorney, city attorney, or 
  2.17  attorney serving the jurisdiction where the nuisance is located. 
  2.18     Sec. 6.  Minnesota Statutes 1994, section 617.81, 
  2.19  subdivision 2, is amended to read: 
  2.20     Subd. 2.  [ACTS CONSTITUTING A NUISANCE.] (a) For purposes 
  2.21  of sections 617.80 to 617.87, a public nuisance exists upon 
  2.22  proof of three or more misdemeanor convictions or two or more 
  2.23  convictions, of which at least one is a gross misdemeanor or 
  2.24  felony, two or more separate convictions within the previous two 
  2.25  five years for:  
  2.26     (1) acts of prostitution or prostitution-related offenses 
  2.27  committed within the building; 
  2.28     (2) acts of gambling or gambling-related offenses committed 
  2.29  within the building; 
  2.30     (3) keeping or permitting a disorderly house within the 
  2.31  building; 
  2.32     (4) unlawful sale or, possession, storage, delivery, 
  2.33  giving, manufacture, cultivation, or use of controlled 
  2.34  substances committed within the building; 
  2.35     (5) unlicensed sales of alcoholic beverages committed 
  2.36  within the building in violation of section 340A.401; 
  3.1      (6) unlawful sales or gifts of alcoholic beverages by an 
  3.2   unlicensed person committed within the building in violation of 
  3.3   section 340A.503, subdivision 2, clause (1); or 
  3.4      (7) unlawful use or possession of a firearm in violation of 
  3.5   section 609.66, subdivision 1a, 609.67, or 624.713, committed 
  3.6   within the building. 
  3.7      (b) A second or subsequent conviction under paragraph (a) 
  3.8   may be used to prove the existence of a nuisance if the conduct 
  3.9   on which the second or subsequent conviction is based occurred 
  3.10  within two five years following the first conviction, regardless 
  3.11  of the date of the conviction for the second or subsequent 
  3.12  offense. 
  3.13     Sec. 7.  Minnesota Statutes 1994, section 617.82, is 
  3.14  amended to read: 
  3.15     617.82 [TEMPORARY ORDER.] 
  3.16     Whenever a city attorney, county attorney, or the attorney 
  3.17  general prosecuting attorney has cause to believe that a 
  3.18  nuisance described in section 617.81, subdivision 2, exists 
  3.19  within the jurisdiction the attorney serves, that the 
  3.20  prosecuting attorney may by verified petition seek a temporary 
  3.21  injunction in district court in the county in which the alleged 
  3.22  public nuisance exists.  No temporary injunction may be issued 
  3.23  without a prior show cause notice of hearing to the respondents 
  3.24  named in the petition and an opportunity for the respondents to 
  3.25  be heard.  Upon proof of a nuisance described in section 617.81, 
  3.26  subdivision 2, the court shall issue a temporary injunction.  
  3.27  Any temporary injunction issued must describe the conduct to be 
  3.28  enjoined. 
  3.29     Sec. 8.  Minnesota Statutes 1994, section 617.85, is 
  3.30  amended to read: 
  3.31     617.85 [NUISANCE; MOTION TO CANCEL LEASE.] 
  3.32     Where an abatement of a nuisance is sought and the 
  3.33  circumstances that are the basis for the requested abatement 
  3.34  involved the acts of a commercial or residential tenant or 
  3.35  lessee of part or all of a building, the owner of the building 
  3.36  that is subject to the abatement proceeding may file before the 
  4.1   court that has jurisdiction over the abatement proceeding a 
  4.2   motion to cancel the lease or otherwise secure restitution of 
  4.3   the premises from the tenant or lessee who has maintained or 
  4.4   conducted the nuisance.  The owner may assign to the prosecuting 
  4.5   attorney the right to file this motion.  In addition to the 
  4.6   grounds provided in chapter 566, the maintaining or conducting 
  4.7   of a nuisance as defined in section 617.81, subdivision 2, by a 
  4.8   tenant or lessee, is an additional ground authorized by law for 
  4.9   seeking the cancellation of a lease or the restitution of the 
  4.10  premises.  It is no defense to a motion under this section by 
  4.11  the owner or the prosecuting attorney that the lease or other 
  4.12  agreement controlling the tenancy or leasehold does not provide 
  4.13  for eviction or cancellation of the lease upon the ground 
  4.14  provided in this section. 
  4.15     Upon a finding by the court that the tenant or lessee has 
  4.16  maintained or conducted a nuisance in any portion of the 
  4.17  building under the control of the tenant or lessee, the court 
  4.18  shall order cancellation of the lease or tenancy and grant 
  4.19  restitution of the premises to the owner.  The court must not 
  4.20  order abatement of the premises if the court:  
  4.21     (a) upon the motion of the building owner cancels a lease 
  4.22  or tenancy and grants restitution of that portion of the 
  4.23  premises to the owner; and 
  4.24     (b) further finds that the acts constituting the nuisance 
  4.25  as defined in section 617.81, subdivision 2, were committed in a 
  4.26  portion of the building under the control of by the tenant or 
  4.27  lessee whose lease or tenancy has been canceled pursuant to this 
  4.28  section and the tenant or lessee was not committing the acts in 
  4.29  conjunction with or under the control of the owner.