CONDUCT ON LICENSED PREMISES §117.49
The complete city code and fee schedule can be found at
www.amlegal.com/brooklyn_park_mn/. The rental licensing section begins at Chapter 117. Below is a section of the city code that pertains to conduct on your licensed rental property sometimes referred to as the “three strikes” ordinance. This ordinance has been very helpful to landlords attempting to evict problem renters. Including a violation of this code in your Eviction Action demonstrates to the court that the renter’s actions jeopardize the landlord’s rental license. Therefore, the court is more likely to rule in favor of the landlord.
The City Manager has designated the Police Department to administer this ordinance. If you have any questions or concerns contact the Community Oriented Policing Unit at 763-493-8283.
(A) It is the responsibility of the licensee to see that persons occupying the licensed premises conduct themselves in such a manner as not to cause the premises to be disorderly. For purposes of this section, a disorderly is one premises at which any of the following activities occur:
1. Violation of §92.05 and 92.06 of city code (animal noise and public nuisances).
2. Violation of §134.03 (noisy parties).
3. Violation of Chapter 135 of this code (unlawful possession, delivery or purchase) or violation of laws relating to the possession of controlled substances as defined in M.S. §152.01 et seq.
4. Violation of §§ 134.15 et seq. (disorderly conduct) or violation of laws relating to disorderly conduct as defined in M.S. § 609.72.
5. Violation of §§ 112.030 through 112.069 of this code (unlawful sale of intoxicating liquor or 3.2 malt liquor) or violation of laws relating to the sale of intoxicating liquor as defined in M.S. §§ 340A.701, 340A.702 or 340A.703.
6. Violation of laws relating to prostitution or acts relating to prostitution as defined in M.S. § 609.321, Subdivision 9.
7. Violation of Chapter 136 of this code (weapons) or violation of laws relating to unlawful use or possession of a firearm as defined in M.S. §§ 609.66 et seq., on the licensed premises.
8. Violations of § 134.01 of this code (assaults) or laws relating to assault, including domestic assault as defined in M.S. § 609.2242.
9. Violation of laws relating to contributing to the need for protection or services or delinquency of a minor as defined in M.S. § 260C, et. seq..
(B) The City Manager is responsible for enforcement and administration of this subchapter.
(NOTE: The City Manager has designated the Police Department to enforce this code.)
(C) Upon determination by the City Manager that a licensed premises was used in a disorderly manner, as described in division (A) above, the City Manager must give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations.
(D) If another instance of disorderly use of the licensed premises occurs within three months of an incident for which a notice in division (C) of this section was given, the City Manager must notify the licensee of the violation and must also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report must be submitted to the City Manager within five days of receipt of the notice of disorderly use of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months.
(E) 1. If another instance of disorderly use of the licensed premises occurs within three months after any two previous instances of disorderly use for which notices were given to the licensee pursuant to 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 must be initiated by the City Manager who must give to the licensee written notice of a hearing before the City Council to consider such denial, revocation, suspension or non-renewal. Such written notice must specify all violations of this section, and must state the date, time, place and purpose of the hearing. The hearing must be held no less than ten days and no more than 30 days after giving such notice.
2. Following the hearing, the Council may deny, revoke, suspend or decline to renew the license for all or any part or parts of the licensed premises or may grant a license upon such terms and conditions as it deems necessary to accomplish the purposes of this section.
(F) No adverse license action shall be imposed where the instance of disorderly use of the licensed premises occurred during the pendency of eviction proceedings (Eviction Action) or within 30 days of notice given by the licensee to a tenant to vacate the premises where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. A landlord may not avoid an adverse license action simply by filing the eviction; the landlord must be genuine in the pursuit of the eviction. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use.
(G) A determination that the licensed premises have been used in a disorderly manner as described in division (A) of this section shall be made upon a fair preponderance of the evidence to support such a determination. It is not necessary that criminal charges be brought in order to support a determination of disorderly use nor does the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse license action under this section.
(H) All notices given by the city under this section must be personally served on the licensee, sent by certified mail to the licensee's last known address or, if neither method of service effects notice, by posting on a conspicuous place on the licensed premises.
(I) Enforcement actions provided in this section are not exclusive, and the City Council may take any action with respect to a licensee, a tenant, or the licensed premises as is authorized by the city code, state or federal law. ('72 Code, § 455:50) (Ord. 1992-710, passed; Am. Ord. 2002-975, passed 6-10-02)
Penalty, see § 10.99
Contact Us:
Mailing Address:
Community Development
5200 85th Ave N
Brooklyn Park, MN 55443
Phone: 763-493-8145
Fax: 763-493-8391
bpedahp@brooklynpark.org
