Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 283-H.F.No. 1209 
           An act relating to public nuisances; defining a 
          nuisance; providing for the enjoinment of nuisances; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 617; repealing Minnesota Statutes 1986, 
          sections 617.33; 617.34; 617.35; 617.36; 617.37; 
          617.38; 617.39; 617.40; and 617.41.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [617.80] [DEFINITIONS.] 
    Subdivision 1.  [GENERALLY.] The definitions in this 
section apply to sections 1 to 8. 
    Subd. 2.  [BUILDING.] "Building" means a structure suitable 
for human shelter, a commercial structure that is maintained for 
business activities that involve human occupation, or any 
portion of such structures. 
    Subd. 3.  [MOVABLE PROPERTY.] "Movable property" means 
furniture and fixtures. 
    Subd. 4.  [PROSTITUTION.] "Prostitution" or "prostitution 
related offenses" means the conduct defined in sections 609.321 
to 609.324. 
    Subd. 5.  [GAMBLING.] "Gambling" or "gambling related 
offenses" means the conduct described in sections 609.75 to 
609.762. 
    Subd. 6.  [DISORDERLY HOUSE.] "Disorderly house" has the 
meaning assigned to it in section 609.33. 
    Subd. 7.  [OWNER.] "Owner" for purposes of sections 1 to 8 
means the person in whose name the building or affected portion 
is recorded with the county auditor for taxation purposes. 
    Subd. 8.  [INTERESTED PARTY.] "Interested party" for 
purposes of sections 1 to 8 means any lessee, tenant, or 
occupant of a building or affected portion of a building and any 
known agent of an owner, lessee, tenant, or occupant. 
    Sec. 2.  [617.81] [NUISANCE; ACTS CONSTITUTING; INJUNCTION; 
NOTICE.] 
    Subdivision 1.  [INJUNCTION.] In order to obtain a 
temporary injunction under section 3 or a permanent injunction 
or order of abatement under section 4, the provisions of 
sections 1 to 8 must be followed. 
    Subd. 2.  [ACTS CONSTITUTING A NUISANCE.] For purposes of 
sections 1 to 8 a public nuisance exists upon proof of any of 
the following:  
    (1) three or more misdemeanor convictions or two or more 
convictions, of which at least one is a gross misdemeanor or 
felony, within the previous two years for acts of prostitution 
or prostitution related offenses committed within the building; 
    (2) three or more misdemeanor convictions or two or more 
convictions, of which at least one is a gross misdemeanor or 
felony, within the previous two years for acts of gambling or 
gambling related offenses committed within the building; or 
    (3) two or more convictions within the previous two years 
for keeping or permitting a disorderly house within the building.
    Subd. 3.  [NOTICE.] Notice of a conviction described in 
subdivision 2 must be mailed by the court administrator to the 
owner of the building where the offense was committed and all 
other interested parties and must be filed with the county 
recorder's office.  This notice is considered sufficient to 
inform all interested parties that the building or a portion of 
it is being used for purposes constituting a public nuisance. 
    Sec. 3.  [617.82] [TEMPORARY ORDER.] 
    Whenever a city attorney, county attorney, or the attorney 
general has cause to believe that a nuisance described in 
section 2, subdivision 2 exists within the jurisdiction the 
attorney serves, that attorney may by verified petition seek a 
temporary injunction in district court in the county in which 
the alleged public nuisance exists.  No temporary injunction may 
be issued without a prior show cause notice of hearing to the 
respondents named in the petition and an opportunity for the 
respondents to be heard.  Upon proof of a nuisance described in 
section 2, subdivision 2, the court shall issue a temporary 
injunction.  Any temporary injunction issued must describe the 
conduct to be enjoined. 
    Sec. 4.  [617.83] [INJUNCTION; ORDER OF ABATEMENT.] 
    Upon proof of a nuisance described in section 2, 
subdivision 2, the court shall issue a permanent injunction and 
enter an order of abatement.  The permanent injunction must 
describe the conduct permanently enjoined.  The order of 
abatement must direct the closing of the building or a portion 
of it for one year, except as otherwise provided in section 5 or 
6, unless sooner released pursuant to section 8.  Before an 
abatement order is enforced against a building or portion of it, 
the owner must be served with the abatement order and a notice 
of the right to file a motion under section 6 in the same manner 
that a summons is served under the rules of civil procedure.  A 
copy of the abatement order shall also be posted in a 
conspicuous place on the building or affected portion.  
    Sec. 5.  [617.84] [MOVABLE PROPERTY.] 
    The order of abatement may direct the removal of movable 
property used in conducting or maintaining the nuisance and 
direct the sale of property belonging to a respondent who was 
notified or appeared.  The sale shall be conducted pursuant to 
the provisions of chapter 550 on the sale of property on 
execution.  A person appointed by the court as receiver of the 
building may use a building or portion of it which is the 
subject of an abatement order in a manner approved by the 
court.  Costs of the sale on execution, moving and storage fees, 
and any receivership must be paid out of the receipts from the 
sale of the movable property or any rents collected during the 
receivership.  The balance from the sale of movable property 
must be paid to the owner of the property.  The balance from any 
rents collected during any receivership shall be paid to the 
treasury of the unit of government which brought the abatement 
action. 
    Sec. 6.  [617.85] [NUISANCE; MOTION TO CANCEL LEASE.] 
    Where an abatement of a nuisance is sought and the 
circumstances that are the basis for the requested abatement 
involved the acts of a commercial or residential tenant or 
lessee of part or all of a building, the owner of the building 
that is subject to the abatement proceeding may file before the 
court that has jurisdiction over the abatement proceeding a 
motion to cancel the lease or otherwise secure restitution of 
the premises from the tenant or lessee who has maintained or 
conducted the nuisance.  In addition to the grounds provided in 
chapter 566, the maintaining or conducting of a nuisance as 
defined in section 2, subdivision 2 by a tenant or lessee, is an 
additional ground authorized by law for seeking the cancellation 
of a lease or the restitution of the premises.  It is no defense 
to a motion under this section by the owner that the lease or 
other agreement controlling the tenancy or leasehold does not 
provide for eviction or cancellation of the lease upon the 
ground provided in this section. 
    Upon a finding by the court that the tenant or lessee has 
maintained or conducted a nuisance in any portion of the 
building under the control of the tenant or lessee, the court 
shall order cancellation of the lease or tenancy and grant 
restitution of the premises to the owner.  The court must not 
order abatement of the premises if the court:  
     (a) upon the motion of the building owner cancels a lease 
or tenancy and grants restitution of that portion of the 
premises to the owner; and 
    (b) further finds that the acts constituting the nuisance 
as defined in section 2, subdivision 2, were committed in a 
portion of the building under the control of the tenant or 
lessee whose lease or tenancy has been canceled pursuant to 
this section. 
    Sec. 7.  [617.86] [CONTEMPT.] 
    Whoever violates a temporary injunction, permanent 
injunction, or abatement order granted under sections 1 to 8 may 
be adjudged in contempt of court. 
    Sec. 8.  [617.87] [RELEASE OF PROPERTY.] 
    If, after an order of abatement has been entered, the owner 
appears and pays the costs of the action and files a bond in an 
amount determined by the court, but not to exceed $50,000, 
conditioned that the owner will immediately abate the nuisance 
for a period of one year, the court may, if satisfied of the 
owner's good faith, order the release of the building or portion 
of it which is subject to the order of abatement.  If the 
premises are released, for each day during the term of the bond 
that the owner knowingly permits any part of the premises to be 
used for any activity which was the basis of the abatement 
order, the owner shall forfeit $1,000 under the bond.  
Forfeiture under the bond does not relieve the owner from 
prosecution for contempt.  Release of the property pursuant to 
this section does not release it from an injunction issued under 
section 4 or any other judgment, penalty, lien, or liability to 
which it may be subject by law. 
    Sec. 9.  [REPEALER.] 
    Minnesota Statutes 1986, sections 617.33; 617.34; 617.35; 
617.36; 617.37; 617.38; 617.39; 617.40; and 617.41, are repealed.
    Approved May 28, 1987