HomeMy WebLinkAbout1694�v IF
BEING AN ORDINANCE AMENDING § 5A.410
CONDUCT ON LICENSED PREMISES/CRIME FREE/DRUG FREE AND
DISORDERLY USE LEASE REQUIREMENTS.
Section 1. Code Amended. That Section 5a.41 0, Entitled Conduct On Licensed Premises/Crimc
Free/Drug Free And Disorderly Use Lease Requirements be amended as follows:
(A) All residential tenant leases, except for state licensed residential facilities and subject to all
preemptory state and federal laws, shall contain the following, or substantially comparable to,
crime free/drug free and disorderly use language:
(1) Criviefireelclriwftee,
(a) Resident, any members of the resident's household or a guest or other person affiliated
with resident shall not engage in criminal activity, including drug -related criminal activity, on
the premises or curtilage of the premises.
(b) Resident, any member of the resident's household or a guest or other person affiliated
with resident shall not engage in any act intended to facilitate criminal activity, including drug -
related criminal activity, on the premises or curtilage of the premises.
(c) Resident or members of the household will not permit the dwelling unit or curtilage of
the premises to be used for, or to facilitate criminal activity, including drug -related criminal
activity, regardless of whether the individual engaging in such activity is a member of the
household, or a guest.
(d) Resident, any member of the resident's household or a guest, or other person affiliated
with the resident shall not engage in the unlawful manufacturing, selling, using, storing, keeping,
or giving of a controlled substance on the premises or curtilage of the premises,
(e) Resident, tenant, household member, or guest shall not engage in conduct, whether on
or off the premises, where (1) the conduct would constitute a crime of violence against another
tenant, the tenant's guest, the landlord, or the landlord's employees, regardless of whether a
charge was brought or a conviction obtained; or (2) the conduct results in a conviction of a crime
of violence against a person unrelated to the premises. For purposes of this subdivision, crime of
violence has the meaning given in section 624.712, subdivision 5, except that it does not include
offenses under chapter 152.
(f) Violation of any one of the above provisions shall be a material and irreparable violation
of the lease and good cause for inu-nediate termination of tenancy by the property owner.
(2) Disorderly use.
(a) Resident, members of the resident's household, guests, or other persons under the
resident's control shall not engage in the following disorderly use activities: violations of state
law relating to alcoholic beverages, trespassing or disorderly conduct, and violations of the city
code relating to prohibited noise.
(b) Three disorderly use violations involving the same tenancy within a continuous 12-
month period shall be a substantial and material violation of the lease and good cause for
termination of the tenancy by the property owner,
(3) Definitions, For the purpose of this section, the following definitions shall apply unless
the context clearly indicates or requires a different meaning,
CRIMINAL ACTIVITY. Prostitution, gambling, maintaining or conducting a disorderly
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house, unlawful possession, transportation, sale or use of a weapon, domestic assault,
delinquency of a minor, criminal street gang activity, threatening, intimidating or assaultive
behavior, the unlawful discharge of firearms, or any other criminal activity on or near the
premises that jeopardizes the health, safety and welfare of the landlord, his agent, other resident,
-neighbor or other third ng arty, or involving imminent or actual serious property damage.
p C)
MUG -RELATED CRIMINAL ACTIVITY The illegal manufacture, sale, distribution,
use or possession with intent to manufacture, sell, distribute, or use of a controlled substance or
any substance represented to be drugs (as defined in § 102 of the Controlled Substance Act [21
U.S.C, 802]).
(4) Non-exclusive remeclies,
(A ' ) The crime free/drug free and disorderly use provisions are in addition to all other terms of
the lease and do not limit or replace any other provisions,
(B) These lease provisions shall be incorporated into every new lease for a tenancy beginning
January 1, 2008 and all renewed leases by January 1, 2009.
(C) Upon determination by the Police Department that a licensed premises or unit within a
licensed premises was used in violation of the crime free/drug free provisions of subdivision
(A)(1) herein, the Police Department shall cause notice to be made to the owner and property
manager of the violation. The owner or property manager shall notify the tenant or tenants within
ten days of the notice of violation of the crime free/drug free lease language and proceed with
termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new
lease for a unit located in any licensed property within the city with an evicted tenant for a period
of one year after the eviction,
(D) Upon determination by the Police Department that a licensed premises or unit within a
licensed premises was used for disorderly use activities as set forth in subdivision (A)(2) herein,
the Police Department shall cause notice to be made to the owner and property manager of the
violation and direct the owner and property manager to take steps to prevent further disorderly
use violations,
(E) If a second disorderly use violation as determined by the Police Department occurs within
a continuous 12-month period involving the same tenancy, the Police Department shall cause
notice to be made to the owner and property manager of the second violation. The owner or
property manager shall respond in writing within ten days of receipt of the notice with an action
plan to prevent further disorderly use violations.
(F) If a third disorderly use violation as determined by the Police Department occurs within a
continuous 12-month period involving the same tenancy, the Police Department shall cause
notice to be made to the owner and property manager of the third violation. The owner or
property manager shall notify the tenant or tenants within ten days of the notice of disorderly use
violation of the crime free/drug free lease language within the lease and proceed with termination
of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a
unit located in any licensed property with an evicted tenant within the city for a period of one
year after the eviction.
(G) The provisions of divisions (C), (D), (E) and (F) herein do not apply if the determination
that the premises have been used in violation of the crime free/drug free provisions of
subdivisions (A)(1) and (A)(2) herein originates from a call from or at the request of one or more
tenants occupying the premises for police or emergency assistance, or in the case of domestic
abuse, from a call for assistance from any source. The term DOMESTICABUSE has the
meaning given in M.S. § 51813.01, subd. 2.
(H) If the licensee fails to comply with the requirements of this section, the rental dwelling
license for the premises may be denied, revoked, suspended, or not renewed. An action to deny,
revoke, suspend, or not renew a license under this section shall be initiated by the City Council at
the request of the Police Department in the manner described in § 5. V408.
(Ord. 1532, passed 11-26-07; Am. Ord. 1592, passed 5-9-11; Am. Ord. , passed _-_-24)
Section 2. Effective Date. This Ordinance shall take effect 30 days after its publication.
First Reading: March 11, 2024
Offered by: Spriggs
Seconded by: Jacobs
Roll call: All Ayes
Second Reading: March 25, 2024
Offered by: Jacobs
Seconded by: Spriggs
Roll Cali: All Ayes, Marquez Simula and James Absent
Date of Passage: March 25, 2024
Adopted by the City Council of the City of Columbia Heights, Minnesota this 251h day of
March, 2024
Connie Buesgens, Council President
Attest:
Sara Ion, City Clerk
SUMMARY OF ORDINANCE 1694
BEING AN ORDINANCE AMENDING § SA.410
CONDUCT ON LICENSED PREMISES/CRIME FREE/DRUG FREE AND DISORDERLY USE LEASE
REQUIREMENTS.
The City Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1694 on
March 25, 2024.
The purpose of this ordinance is to update City Code 5A.410, regarding Conduct on Licensed
Premises/Crime Free/Drug Free and Disorderly Use Lease Requirements to align with
Minnesota Statute Section 50413.171, Subd 2a, passed by the Minnesota legislature in 2023.
Pursuant to that statute, a residential landlord may not impose a penalty on a residential
tenant or terminate the lease of a residential tenant for the conduct of the residential tenant,
household member, or guest occurring off of the premises or curtilage of the premises, unless
(1) the conduct would constitute a crime of violence against another tenant, the tenant's guest,
the landlord, or the landlord's employees, regardless of whether a charge was brought or a
conviction obtained; or (2) the conduct results in a conviction of a crime of violence against a
person unrelated to the premises. For purposes of this subdivision, crime of violence has the
meaning given in section 624.712, subdivision 5, except that it does not include offenses under
chapter 152.
This is a summary of Ordinance No. 1694. A copy of the entire text of the Ordinance is available
for public inspection during regular office hours at City Hall, by standard or electronic mail, or at
www.columbiaheightsmn.gov.
Attest;
'V�� 4- o8,�
Sara Ion, City Clerk/Council Secretary
(`�), , Al-��
Connie Buesgens, Council President
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF ANOKA
Rhonda Herberg being duly sworn on an
oath, states or affirms that he/she is the
Publisher's Designated Agent of the newspa-
per(s) known as:
BSLP Col Hght Frid Life
with the known office of issue being located
in the county of:
ANOKA
with additional circulation in the counties of:
RAMSEY
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 03/29/2024 and the last
insertion being on 03/29/2024.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper, complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper's
circulation is in the lat er county.
By
Designated Age t
Subscribed and sworn to or affirmed before
me on 03/29/2024 by Rhonda Herberg.
/// Notary Public
zU«S=,TF Darlene Marie MacPherson
a Notary Public
Minnesota
113112029
My Commission Exp'fires
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
Ad ID 1383926
CITY OF
COLUMBIA HEIGHTS
SUMMARY OF
ORDINANCE 1694
BEING AN ORDINANCE
AMENDING § 5A.410
CONDUCT ON LICENSED
PREMISES/CRIME
FREE/DRUG FREE AND
DISORDERLY USE LEASE
REQUIREMENTS.
The City Council for the City
of Columbia Heights, Minnesota
adopted Ordinance No. 1694 on
March 25, 2024.
The purpose of this ordinance
is to update City Code 5A.410,
regarding Conduct on Licensed
Premises/Crime Free/Drug Free
and Disorderly Use Lease Re-
quirements to align with Minnesota
Statute Section 50413.171, Subd
2a, passed by the Minnesota leg-
islature in 2023. Pursuant to that
statute, a residential landlord may
not impose a penalty on a residen-
tial tenant or terminate the lease of
a residential tenant for the conduct
of the residential tenant, household
member, or guest occurring off of
the premises or curtilage of the
premises, unless (1) the conduct
would constitute a crime of vio-
lence against another tenant, the
tenant's guest, the landlord, or the
landlord's employees, regardless
of whether a charge was brought
or a conviction obtained; or (2) the
conduct results in a conviction of
a crime of violence against a per-
son unrelated to the premises. For
purposes of this subdivision, crime
of violence has the meaning given
in section 624.712, subdivision 5,
except that it does not include of-
fenses under chapter 152.
This is a summary of Ordinance
No. 1694. A copy of the entire text
of the Ordinance is available for
public inspection during regular
office hours at City Hall, by stan-
dard or electronic mail, or at www.
columbiaheightsmn.gov.
Attest:
Connie Buesgens,
Council President
Sara Ion,
City Clerk/Council Secretary
Published in
The Life
March 29, 2024
1383926