Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 100-S.F.No. 513 
                  An act relating to public nuisance; adding to the acts 
                  that constitute a nuisance; modifying nuisance 
                  remedies and procedures; amending Minnesota Statutes 
                  1996, sections 617.81, subdivision 2; 617.82; 617.83; 
                  and 617.85; repealing Minnesota Statutes 1996, section 
                  617.80, subdivision 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, 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 upon 
        proof of two or more separate behavioral incidents of one or 
        more of the following, committed within the previous 12 months 
        within the building:  
           (1) prostitution or prostitution-related activity committed 
        within the building; 
           (2) gambling or gambling-related activity committed within 
        the building; 
           (3) keeping or permitting a disorderly house within the 
        building; maintaining a public nuisance in violation of section 
        609.74, clause (1) or (3); 
           (4) permitting a public nuisance in violation of section 
        609.745; 
           (4) (5) unlawful sale, possession, storage, delivery, 
        giving, manufacture, cultivation, or use of controlled 
        substances committed within the building; 
           (5) (6) unlicensed sales of alcoholic beverages committed 
        within the building in violation of section 340A.401; 
           (6) (7) 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); or 
           (7) (8) unlawful use or possession of a firearm in 
        violation of section 609.66, subdivision 1a, 609.67, or 624.713, 
        committed within the building. 
           (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 or lessee, 
        or persons acting in conjunction with or under the control of 
        the same tenant or lessee; 
           (2) by any persons within the same rental unit while 
        occupied by the same tenant or lessee or within two or more 
        rental units while occupied by the same tenant or lessee; 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. 2.  Minnesota Statutes 1996, section 617.82, is 
        amended to read: 
           617.82 [AGREED ABATEMENT PLANS; TEMPORARY ORDER.] 
           (a) If the recipient of a notice under section 617.81, 
        subdivision 4, either abates the conduct constituting the 
        nuisance or enters into an agreed abatement plan within 30 days 
        of service of the notice and complies with the agreement within 
        the stipulated time period, the prosecuting attorney may not 
        file a nuisance action on the specified property regarding the 
        nuisance activity described in the notice. 
           (b) If the recipient fails to comply with the agreed 
        abatement plan, the prosecuting attorney may initiate a 
        complaint for relief in the district court consistent with 
        paragraph (c). 
           (c) Whenever a prosecuting attorney has cause to believe 
        that a nuisance described in section 617.81, subdivision 2, 
        exists within the jurisdiction the attorney serves, the 
        prosecuting attorney may by verified petition seek a temporary 
        injunction in district court in the county in which the alleged 
        public nuisance exists, provided that at least 30 days have 
        expired since service of the notice required under section 
        617.81, subdivision 4.  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 617.81, 
        subdivision 2, the court shall issue a temporary injunction.  
        Any temporary injunction issued must describe the conduct to be 
        enjoined. 
           Sec. 3.  Minnesota Statutes 1996, section 617.83, is 
        amended to read: 
           617.83 [INJUNCTION; ORDER OF ABATEMENT.] 
           Upon proof of a nuisance described in section 617.81, 
        subdivision 2, the court shall issue a permanent injunction and 
        enter an order of abatement, except as otherwise provided by 
        section 617.85.  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 617.84 or 617.85, 
        unless sooner released pursuant to section 617.87.  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 617.85 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. 4.  Minnesota Statutes 1996, section 617.85, is 
        amended to read: 
           617.85 [NUISANCE; MOTION TO CANCEL LEASE.] 
           Where notice is provided under section 617.81, subdivision 
        4, that 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.  The owner may assign to the prosecuting 
        attorney the right to file this motion.  In addition to the 
        grounds provided in chapter 566, the maintaining or conducting 
        of a nuisance as defined in section 617.81, 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.  Service of motion brought under this section must be 
        served in a manner that is sufficient under the Rules of Civil 
        Procedure and chapter 566. 
           It is no defense to a motion under this section by the 
        owner or the prosecuting attorney 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, 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) 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 617.81, subdivision 2, were committed by 
        the tenant or lessee whose lease or tenancy has been canceled 
        pursuant to this section and the tenant or lessee was not 
        committing the acts in conjunction with or under the control of 
        the owner. 
           Sec. 5.  [REPEALER.] 
           Minnesota Statutes 1996, section 617.80, subdivision 6, is 
        repealed. 
           Presented to the governor May 5, 1997 
           Signed by the governor May 6, 1997, 2:42 p.m.