SF 1147

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

A bill for an act
relating to real property; modifying provisions governing orders to secure vacant
property; specifying notice requirements; modifying provisions governing the
reduced redemption period for abandoned property; establishing a duty to
protect vacant foreclosed property under certain circumstances; providing for
the imposition of fines for failure to maintain property; altering the posting
requirement for trespassing on construction sites; modifying provisions
governing public nuisances; imposing civil and criminal penalties; amending
Minnesota Statutes 2008, sections 463.251, subdivisions 2, 3; 504B.151,
subdivision 1; 504B.178, subdivision 8; 580.021, subdivision 1; 580.04; 580.041,
subdivision 1a; 580.042, subdivision 1; 582.031; 582.032, subdivisions 2, 4, 5, 7;
609.605, subdivision 1; 617.80, subdivision 7, by adding a subdivision; 617.81,
subdivisions 2, 4.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 463.251, subdivision 2, is amended to read:

Subd. 2.

Order; notice.

new text begin (a) new text end If in any city a building becomes vacant or unoccupied
and is deemed hazardous due to the fact that the building is open to trespass and has not
been secured and the building could be made safe by securing the building, the governing
body may order the building secured and shall cause notice of the order to be served upon
the owner of record of the premises or the owner's agent, the taxpayer identified in the
property tax records for that parcel, the holder of the mortgage or sheriff's certificate, and
any neighborhood association for the neighborhood in which the building is located that
has requested notice, by delivering or mailing a copy to the owner or agent, the identified
taxpayer, the holder of the mortgage or sheriff's certificate, and the neighborhood
association, at the last known address. Service by mail is complete upon mailing.

new text begin (b) The notice under this subdivision must include a statement that:
new text end

new text begin (1) informs the owner and the holder of any mortgage or sheriff's certificate of
the requirements of subdivision 3 and that costs may be assessed against the property if
the person does not secure the building;
new text end

new text begin (2) informs the owner and the holder of any mortgage or sheriff's certificate that the
person may request a hearing before the governing body challenging the governing body's
determination that the property is vacant or unoccupied and hazardous; and
new text end

new text begin (3) notifies the holder of any sheriff's certificate of the holder's duty under section
582.031, subdivision 1, paragraph (b), to enter the premises to protect the premises from
waste and trespass if the order is not challenged or set aside and there is prima facie
evidence of abandonment of the property as described in section 582.032, subdivision 7.
new text end

Sec. 2.

Minnesota Statutes 2008, section 463.251, subdivision 3, is amended to read:

Subd. 3.

Securing building by city; lien.

If the owner of the building new text begin or a holder of
the sheriff's certificate of sale new text end fails to either comply or provide to the governing body a
reasonable plan and schedule to comply with an order issued under subdivision 2 new text begin or to
request a hearing on the order new text end within deleted text begin six deleted text end new text begin 14 new text end days after the order is served, the governing
body shall cause the building to be properly secured and the cost of securing the building
may be charged against the real estate as provided in section 463.21. In the metropolitan
area, as defined in section 473.121, subdivision 2, the governing body may work with
neighborhood associations to develop and implement plans to secure vacant buildings in
a timely and cost-effective fashion. The city may use rehabilitation and revitalization
funds in implementing this section.

Sec. 3.

Minnesota Statutes 2008, section 504B.151, subdivision 1, is amended to read:

Subdivision 1.

Limitation on lease and notice to tenant.

(a) Once a landlord has
received notice of a contract for deed cancellation under section 559.21 or notice of a
mortgage foreclosure sale under chapter 580 or 582, new text begin or summons and complaint under
chapter 581, new text end the landlord may only enter into (i) a periodic residential lease agreement
with a term of not more than two months or the time remaining in the contract cancellation
period or the mortgagor's redemption period, whichever is less or (ii) a fixed term
residential tenancy not extending beyond the cancellation period or the landlord's period
of redemption until:

(1) the contract for deed has been reinstated or paid in full;

(2) the mortgage default has been cured and the mortgage reinstated;

(3) the mortgage has been satisfied;

(4) the property has been redeemed from a foreclosure sale; or

(5) a receiver has been appointed.

(b) Before entering into a lease under this section and accepting any rent or security
deposit from a tenant, the landlord must notify the prospective tenant in writing that the
landlord has received notice of a contract for deed cancellation or notice of a mortgage
foreclosure sale as appropriate, and the date on which the contract cancellation period or
the mortgagor's redemption period ends.

(c) This section does not apply to a manufactured home park as defined in section
327C.01, subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to leases
entered into on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2008, section 504B.178, subdivision 8, is amended to read:

Subd. 8.

Withholding rent.

No tenant may withhold payment of all or any portion
of rent for the last payment period of a residential rental agreement, except an oral or
written month to month residential rental agreement concerning which neither the tenant
nor landlord has served a notice to quit, or for the last month of a contract for deed
cancellation period under section 559.21 or a mortgage foreclosure redemption period
under chapter 580 new text begin , 581, new text end or 582, on the grounds that the deposit should serve as payment
for the rent. Withholding all or any portion of rent for the last payment period of the
residential rental agreement creates a rebuttable presumption that the tenant withheld the
last payment on the grounds that the deposit should serve as payment for the rent. Any
tenant who remains in violation of this subdivision after written demand and notice of this
subdivision shall be liable to the landlord for the following:

(1) a penalty in an amount equal to the portion of the deposit which the landlord
is entitled to withhold under subdivision 3 other than to remedy the tenant's default in
the payment of rent; and

(2) interest on the whole deposit as provided in subdivision 2, in addition to the
amount of rent withheld by the tenant in violation of this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
cancellations of contracts for deed in which the notice of cancellation is first served or
published on or after August 1, 2009, and mortgage foreclosures under chapter 581 in
which the lis pendens is recorded on or after August 1, 2009.
new text end

Sec. 5.

Minnesota Statutes 2008, section 580.021, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies to foreclosure of mortgages new text begin by
advertisement new text end under this chapter new text begin and foreclosure of mortgages by action under chapter
581 new text end on property consisting of one to four family dwelling units, one of which the owner
occupies as the owner's principal place of residency deleted text begin on the date of deleted text end deleted text begin service of the notice of
sale of the owner deleted text end new text begin when the notice of pendency under section 580.032 or the lis pendens
for a foreclosure under chapter 581 is recorded new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for foreclosures in which the notice
of pendency under section 580.032 or the lis pendens for a foreclosure under chapter
581 is recorded on or after August 1, 2009.
new text end

Sec. 6.

Minnesota Statutes 2008, section 580.04, is amended to read:

580.04 REQUISITES OF NOTICE.

Each notice shall specify new text begin or contain new text end :

(1) the name of the mortgagor, the mortgagee, each assignee of the mortgage, if any,
and the original or maximum principal amount secured by the mortgage;

(2) the date of the mortgage, and when and where recorded, except where the
mortgage is upon registered land, in which case the notice shall state that fact, and when
and where registered;

(3) the amount claimed to be due on the mortgage on the date of the notice;

(4) a description of the mortgaged premises, conforming substantially to that
contained in the mortgage new text begin , and the commonly used street address of the mortgaged
premises new text end ;

(5) the time and place of sale;

(6) the time allowed by law for redemption by the mortgagor, the mortgagor's
personal representatives or assigns; and

(7) deleted text begin if the party foreclosing the mortgage desires to preserve the right to reduce the
redemption period under section 582.032 after the first publication of the notice, the
notice must also state deleted text end new text begin for mortgaged premises described in section 582.032, subdivision
1, the following statement new text end in capital letters: "THE TIME ALLOWED BY LAW
FOR REDEMPTION BY THE MORTGAGOR, THE MORTGAGOR'S PERSONAL
REPRESENTATIVES OR ASSIGNS, MAY BE REDUCED TO FIVE WEEKS IF A
JUDICIAL ORDER IS ENTERED UNDER MINNESOTA STATUTES, SECTION
582.032, DETERMINING, AMONG OTHER THINGS, THAT THE MORTGAGED
PREMISES ARE IMPROVED WITH A RESIDENTIAL DWELLING OF LESS THAN
FIVE UNITS, ARE NOT PROPERTY USED IN AGRICULTURAL PRODUCTION,
AND ARE ABANDONED."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
notices of sale first published on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2008, section 580.041, subdivision 1a, is amended to read:

Subd. 1a.

Applicability.

This section applies to foreclosure of mortgages new text begin by
advertisement new text end under this chapter new text begin and foreclosure of mortgages by action under chapter
581 new text end on property consisting of one to four family dwelling units, one of which the owner
occupies as the owner's principal place of residency deleted text begin on the date of deleted text end deleted text begin service of the notice of
sale on the owner deleted text end new text begin when the notice of pendency under section 580.032 or the lis pendens
for a foreclosure under chapter 581 is recorded new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for foreclosures in which the notice
of pendency under section 580.032 or the lis pendens for a foreclosure under chapter
581 is recorded on or after August 1, 2009.
new text end

Sec. 8.

Minnesota Statutes 2008, section 580.042, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies to foreclosure of mortgages new text begin by
advertisement new text end under this chapter new text begin and foreclosure of mortgages by action under chapter
581 on property consisting of one to four family dwelling units, one or more of which
are occupied by a tenant as a residence new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for foreclosures in which the notice
of pendency under section 580.032 or the lis pendens for a foreclosure under chapter
581 is recorded on or after August 1, 2009.
new text end

Sec. 9.

Minnesota Statutes 2008, section 582.031, is amended to read:

582.031 LIMITED RIGHT OF ENTRY new text begin ; DUTY TO ENTER AND PROTECT
PREMISES new text end .

Subdivision 1.

Right of entry.

new text begin (a) new text end If premises described in a mortgage or sheriff's
certificate are vacant or unoccupied, the holder of the mortgage or sheriff's certificate or
the holder's agents and contractors may deleted text begin , but is under no obligation to, deleted text end enter upon the
premises to protect the premises from waste new text begin and trespass new text end , until the holder of the mortgage
or sheriff's certificate receives notice that the premises are occupied. The holder of the
mortgage or sheriff's certificate does not become a mortgagee in possession by taking
actions authorized new text begin or required new text end under this section. An affidavit of the sheriff, new text begin the building
or housing regulatory authority of a municipality in which the property is located, new text end the
holder of the mortgage or sheriff's certificate, or a person acting on behalf of the holder,
describing the premises and stating that the same are vacant or unoccupied, is prima facie
evidence of the facts stated in the affidavit and is entitled to be recorded in the office of the
county recorder or the registrar of titles in the county where the premises are located, if it
contains a legal description of the premises.

new text begin (b) If the holder of a sheriff's certificate knows that there is prima facie evidence of
abandonment of the property, as described in section 582.032, subdivision 7, clauses (1)
to (6), the holder or the holder's agents:
new text end

new text begin (1) shall enter the premises and make reasonable periodic inspections, install or
change the locks on all doors, install locks on all windows that do not have locks, and
ensure that any existing window locks are functioning properly; and
new text end

new text begin (2) may, to protect the premises from waste, trespass, or falling below minimum
community standards for public safety and sanitation, enter the premises and board
windows, doors, and other openings; install and operate an alarm system; and otherwise
prevent or minimize damage to the premises from the elements, vandalism, trespass,
or other illegal activity.
new text end

new text begin (c) Upon an installation or change of locks as required by this section, the holder of
a sheriff's certificate must deliver a key to the premises to the mortgagor or any person
lawfully claiming through the mortgagor, upon request.
new text end

Subd. 2.

Authorized actions.

The holder of the mortgage or sheriff's certificate may
take the following actions to protect the premises from waste new text begin , trespass, new text end or from falling
below minimum community standards for public safety and sanitation: make reasonable
periodic inspections deleted text begin , deleted text end new text begin ; new text end install or change locks on doors and windows deleted text begin , deleted text end new text begin ; new text end board windows,
new text begin doors, and other openings; new text end install new text begin and operate new text end an alarm system deleted text begin , deleted text end new text begin ; new text end and otherwise prevent or
minimize damage to the premises from the elements, vandalism, trespass, or other illegal
activities. If the holder of the mortgage or sheriff's certificate installs or changes locks
under this section, a key to the premises must be promptly delivered to the mortgagor or
any person lawfully claiming through the mortgagor, upon request.

Subd. 3.

Costs.

All costs incurred by the holder of the mortgage new text begin or sheriff's
certificate new text end to protect the premises from waste new text begin or trespass new text end or from falling below minimum
community standards for public safety and sanitation may be added to the principal
balance of the mortgage new text begin or the costs allowable upon redemption new text end . The costs may bear
interest to the extent provided in the mortgage and may be added to the redemption price
if the costs are incurred after a foreclosure sale. If the costs are incurred after a foreclosure
sale, the holder of any sheriff's certificate of sale or certificate of redemption must comply
with the provisions of section 582.03. The provisions of this section are in addition to, and
do not limit or replace, any other rights or remedies available to holders of mortgages and
sheriff's certificates, at law or under the applicable mortgage agreements.

Sec. 10.

Minnesota Statutes 2008, section 582.032, subdivision 2, is amended to read:

Subd. 2.

Before foreclosure sale.

Notwithstanding section 580.23 or 581.10, if at
any time before the foreclosure sale but not more than 30 days before the first publication
of the notice of sale, a court order is entered reducing the mortgagor's redemption period to
five weeks under subdivision 7, after the mortgaged premises have been sold as provided in
chapter 580 or 581, the mortgagor, and the mortgagor's personal representatives or assigns,
within five weeks after the sale under chapter 580, or within five weeks after the date of
the order confirming the sale under chapter 581, may redeem the mortgaged premises as
provided in section 580.23, subdivision 1, or 581.10, as applicable. deleted text begin If an order is obtained
after the first publication of the notice of sale, the five-week redemption period applies
only if the notice of sale contained the statement required by section 580.04, clause (7). deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
foreclosures for which the notice of sale is first published on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2008, section 582.032, subdivision 4, is amended to read:

Subd. 4.

Summons and complaint.

In a foreclosure by advertisement, the party
foreclosing a mortgage or holding the sheriff's certificate of sale new text begin or the political subdivision
in which the mortgaged premises are located new text end may initiate a proceeding in district court
to reduce the mortgagor's redemption period under this section. The proceeding must be
initiated by the filing of a complaint, naming the mortgagor, or the mortgagor's personal
representatives or assigns of record, as defendant, in district court for the county in which
the mortgaged premises are located. new text begin If the proceeding is initiated by a political subdivision,
the party foreclosing the mortgage or holding the sheriff's certificate of sale must also be
named as a defendant, and the summons and complaint shall be delivered by certified
mail to the foreclosing attorney. new text end If the proceeding is commenced after the foreclosure
sale, the holders of junior liens and interests entitled to notice under subdivision 3 must
also be named as defendants. The complaint must identify the mortgaged premises by
legal description and must identify the mortgage by the names of the mortgagor and
mortgagee, and any assignee of the mortgagee; the date of its making; and pertinent
recording information. The complaint must allege that the mortgaged premises are:

(1) ten acres or less in size;

(2) improved with a residential dwelling consisting of less than five units, which is
not a model home or a dwelling under construction;

(3) not property used in agricultural production; and

(4) abandoned.

The complaint must request an order reducing the mortgagor's redemption period
to five weeks. When the complaint has been filed, the court shall issue a summons
commanding the person or persons named in the complaint to appear before the court on a
day and at a place stated in the summons. The appearance date shall be not less than 15
nor more than 25 days from the date of the issuing of the summons. A copy of the filed
complaint must be attached to the summons.

Sec. 12.

Minnesota Statutes 2008, section 582.032, subdivision 5, is amended to read:

Subd. 5.

Order to show cause.

In a foreclosure by action, the plaintiff or the holder
of the sheriff's certificate may make a motion to reduce the mortgagor's redemption period
under this section. new text begin The political subdivision in which the mortgaged premises are located
may intervene in the action and make a motion to reduce the redemption period. new text end The
motion must conform generally to the pleading requirements provided in subdivision 4.
For purposes of the motion, the court has continuing jurisdiction over the parties and the
mortgaged premises through the expiration of the redemption period. When the motion
has been filed, the court shall issue an order to show cause commanding the parties it
considers appropriate to appear before the court on a day and at a place stated in the order.
The appearance date may not be less than 15 nor more than 25 days after the date of the
order to show cause. A copy of the motion must be attached to the order to show cause.

Sec. 13.

Minnesota Statutes 2008, section 582.032, subdivision 7, is amended to read:

Subd. 7.

Hearing; evidence; order.

At the hearing on the summons and complaint
or order to show cause, the court shall enter an order reducing the mortgagor's redemption
period as provided in subdivision 2 or 3, as applicable, if evidence is presented supporting
the allegations in the complaint or motion and no appearance is made to oppose the relief
sought. An affidavit by the sheriff or a deputy sheriff of the county in which the mortgaged
premises are located, or of a building inspector, zoning administrator, housing official, or
other municipal or county official having jurisdiction over the mortgaged premises, stating
that the mortgaged premises are not actually occupied and further setting forth any of the
following supporting facts, is prima facie evidence of abandonment:

(1) windows or entrances to the premises are boarded up or closed off, or multiple
window panes are broken and unrepaired;

(2) doors to the premises are smashed through, broken off, unhinged, or continuously
unlocked;

(3) gas, electric, or water service to the premises has been terminated;

(4) rubbish, trash, or debris has accumulated on the mortgaged premises;

(5) the police or sheriff's office has received at least two reports of trespassers on the
premises, or of vandalism or other illegal acts being committed on the premises; or

(6) the premises are deteriorating and are either below or are in imminent danger of
falling below minimum community standards for public safety and sanitation.

An affidavit of the party foreclosing the mortgage or holding the sheriff's certificate,
or one of their agents or contractors, stating any of the above supporting facts, and that
the affiant has changed locks on the mortgaged premises under section 582.031 and that
for a period of ten days no party having a legal possessory right has requested entrance
to the premises, is also prima facie evidence of abandonment. Either affidavit described
above, or an affidavit from any other person having knowledge, may state facts supporting
any other allegations in the complaint or motion and is prima facie evidence of the
same. Written statements of the mortgagor, the mortgagor's personal representatives or
assigns, including documents of conveyance, which indicate a clear intent to abandon the
premises, are conclusive evidence of abandonment. In the absence of affidavits or written
statements, or if rebuttal evidence is offered by the defendant or a party lawfully claiming
through the defendant, the court may consider any competent evidence, including oral
testimony, concerning any allegation in the complaint or motion. A defendant's failure
to appear at the hearing after service of process in compliance with subdivision 6 is
conclusive evidence of abandonment by the defendant new text begin , subject to vacation under Rule
60.02 of the Minnesota Rules of Civil Procedure new text end . An order entered under this section must
contain a legal description of the mortgaged premises.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to orders issued before, on, or after the effective date.
new text end

Sec. 14.

Minnesota Statutes 2008, section 609.605, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor.

(a) The following terms have the meanings given
them for purposes of this section.

(1) "Premises" means real property and any appurtenant building or structure.

(2) "Dwelling" means the building or part of a building used by an individual as a
place of residence on either a full-time or a part-time basis. A dwelling may be part of a
multidwelling or multipurpose building, or a manufactured home as defined in section
168.002, subdivision 16.

(3) "Construction site" means the site of the construction, alteration, painting, or
repair of a building or structure.

(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the
person on whose behalf a building or dwelling is being constructed, altered, painted, or
repaired and the general contractor or subcontractor engaged in that work.

(5) "Posted," as used:

(i) new text begin in paragraph (b), clause (4), means the placement of a sign at least 8-1/2 inches
by 11 inches in a conspicuous place on the exterior of the building, or in a conspicuous
place within the property on which the building is located. The sign must carry a general
notice warning against trespass;
new text end

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
by new text end 11 inches deleted text begin square deleted text end in a conspicuous place on the exterior of the building that is under
construction, alteration, or repair, deleted text begin and additional signs in at least two conspicuous places
for each ten acres being protected. deleted text end new text begin or in a conspicuous place within the area being
protected. If the area being protected is less than three acres, one additional sign must
be conspicuously placed within that area. If the area being protected is three acres but
less than ten acres, two additional signs must be conspicuously placed within that area.
For each additional full ten acres of area being protected beyond the first ten acres of
area, two additional signs must be conspicuously placed within the area being protected. new text end
The sign must carry deleted text begin an appropriate deleted text end new text begin a general new text end notice deleted text begin and the name of the person giving
the notice, followed by the word "owner" if the person giving the notice is the holder of
legal title to the land on which the construction site is located or by the word "occupant"
if the person giving the notice is not the holder of legal title but is a lawful occupant
of the land deleted text end new text begin warning against trespass new text end ; and

deleted text begin (ii) deleted text end new text begin (iii) new text end in paragraph (b), clause (10), means the placement of signs that:

(A) deleted text begin state "no trespassing" or similar terms deleted text end new text begin carry a general notice warning against
trespass new text end ;

(B) display letters at least two inches high;

(C) state that Minnesota law prohibits trespassing on the property; and

(D) are posted in a conspicuous place and at intervals of 500 feet or less.

(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative
of a building trades labor or management organization.

(7) "Building" has the meaning given in section 609.581, subdivision 2.

(b) A person is guilty of a misdemeanor if the person intentionally:

(1) permits domestic animals or fowls under the actor's control to go on the land
of another within a city;

(2) interferes unlawfully with a monument, sign, or pointer erected or marked to
designate a point of a boundary, line or a political subdivision, or of a tract of land;

(3) trespasses on the premises of another and, without claim of right, refuses to
depart from the premises on demand of the lawful possessor;

(4) occupies or enters the dwelling or locked or posted building of another, without
claim of right or consent of the owner or the consent of one who has the right to give
consent, except in an emergency situation;

(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or
vegetables growing on the premises, without the permission of the owner or occupant;

(6) enters or is found on the premises of a public or private cemetery without
authorization during hours the cemetery is posted as closed to the public;

(7) returns to the property of another with the intent to abuse, disturb, or cause
distress in or threaten another, after being told to leave the property and not to return, if the
actor is without claim of right to the property or consent of one with authority to consent;

(8) returns to the property of another within one year after being told to leave the
property and not to return, if the actor is without claim of right to the property or consent
of one with authority to consent;

(9) enters the locked or posted construction site of another without the consent of the
owner or lawful possessor, unless the person is a business licensee; or

(10) enters the locked or posted aggregate mining site of another without the consent
of the owner or lawful possessor, unless the person is a business licensee.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2008, section 617.80, subdivision 7, is amended to read:

Subd. 7.

Owner.

"Owner," for purposes of sections 617.80 to 617.87, means deleted text begin the
person in whose name the building or affected portion is recorded with the county auditor
for taxation purposes. deleted text end new text begin a person having legal title to the premises, a mortgagee or vendee in
possession, a trustee in bankruptcy, a receiver, or any other person having legal ownership
or control of the premises. new text end

Sec. 16.

Minnesota Statutes 2008, section 617.80, is amended by adding a subdivision
to read:

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
building or rental unit with the permission of the owner or a tenant or lessee.
new text end

Sec. 17.

Minnesota Statutes 2008, section 617.81, subdivision 2, is amended to read:

Subd. 2.

Acts constituting a nuisance.

(a) For purposes of sections 617.80 to
617.87, a public nuisance exists (1) upon proof of one or more separate behavioral
incidents described in item (i), (v), deleted text begin or deleted text end (viii), new text begin or (ix), new text end or (2) upon proof of two or more
separate behavioral incidents described in item (ii), (iii), (iv), (vi), (vii), or deleted text begin (ix) deleted text end new text begin (x) new text end ,
committed within the previous 12 months within the building:

(i) prostitution or prostitution-related activity committed within the building;

(ii) gambling or gambling-related activity committed within the building;

(iii) maintaining a public nuisance in violation of section 609.74, clause (1) or (3);

(iv) permitting a public nuisance in violation of section 609.745;

(v) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or
use of controlled substances committed within the building;

(vi) unlicensed sales of alcoholic beverages committed within the building in
violation of section 340A.401;

(vii) unlawful sales or gifts of alcoholic beverages by an unlicensed person
committed within the building in violation of section 340A.503, subdivision 2, clause (1);

(viii) new text begin unlawful sales or gifts of alcoholic beverages committed within the building
in violation of section 340A.401 or 340A.503, subdivision 2, clause (1), if multiple
violations occur during the same behavioral incident when the building is not occupied by
the owner or a tenant, lessee, or occupant;
new text end

new text begin (ix) new text end unlawful use or possession of a dangerous weapon as defined in section 609.02,
subdivision 6, committed within the building; or

deleted text begin (ix) deleted text end new text begin (x) new text end violation by a commercial enterprise of local or state business licensing
regulations, ordinances, or statutes prohibiting the maintenance of a public nuisance as
defined in section 609.74 or the control of a public nuisance as defined in section 609.745.

(b) If the building contains more than one rental unit, two or more behavioral
incidents must consist of conduct:

(1) anywhere in the building by the same tenant deleted text begin or deleted text end new text begin , new text end lessee new text begin , occupant new text end , or persons
acting in conjunction with or under the control of the same tenant deleted text begin or deleted text end new text begin , new text end lessee new text begin , or occupant new text end ;

(2) by any persons within the same rental unit while occupied by the same tenant
deleted text begin or deleted text end 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
tenant deleted text begin or deleted text end new text begin , new text end lessee new text begin , or occupant new text end ; or

(3) by the owner of the building or persons acting in conjunction with or under
the control of the owner.

(c) Proof of a nuisance exists if each of the elements of the conduct constituting the
nuisance is established by clear and convincing evidence.

Sec. 18.

Minnesota Statutes 2008, section 617.81, subdivision 4, is amended to read:

Subd. 4.

Notice.

(a) If a prosecuting attorney has reason to believe that a nuisance is
maintained or permitted in the jurisdiction the prosecuting attorney serves, and intends to
seek abatement of the nuisance, the prosecuting attorney shall provide the written notice
described in paragraph (b), by personal service or certified mail, return receipt requested,
to deleted text begin the owner deleted text end new text begin all owners new text end and deleted text begin all deleted text end interested parties known to the prosecuting attorney.

(b) The written notice must:

(1) state that a nuisance as defined in subdivision 2 is maintained or permitted in the
building and must specify the kind or kinds of nuisance being maintained or permitted;

(2) summarize the evidence that a nuisance is maintained or permitted in the
building, including the date or dates on which nuisance-related activity or activities are
alleged to have occurred;

(3) inform the recipient that failure to abate the conduct constituting the nuisance or
to otherwise resolve the matter with the prosecuting attorney within 30 days of service of
the notice may result in the filing of a complaint for relief in district court that could, among
other remedies, result in enjoining the use of the building for any purpose for one year or,
in the case of a tenant, new text begin lessee, or occupant, new text end could result in cancellation of the lease; and

(4) inform the owner of the options available under section 617.85.