Sec. 231.02. - Permitting public nuisance.
(a) Prohibited. Any person(s) having control of real property who knowingly permit(s) it to be used to maintain a public nuisance or lets the same knowing it will be so used is guilty of a misdemeanor.
(b) Definitions. For the purposes of this section, the following definitions shall apply:
(1) Person(s) having control of property. "Person(s) having control of property" shall mean the owner or owners of the freehold of the premises or lesser estate therein, the holder of an unrecorded contract for deed, a mortgagee or vendee in possession, the assignee of rents, or the receiver, executor, trustee, lessee, other person, firm, corporation, association or partnership in control of a building.
(2) Public nuisance. For the purposes of this section "public nuisance" shall have the meaning ascribed to it by state law and shall include, but not be limited to, noise complaints, litter or sanitation complaints, increased vehicular or foot traffic, parking problems associated with the property, sale or possession of controlled substances, illegal gambling, prostitution or acts of prostitution, or any other acts or incidents showing that the peace, comfort or decency of the neighborhood or any considerable number of members of the public has been repeatedly disturbed.
(c) Notice of citation. For the purposes of this section, person(s) having control of property upon which a person has been issued a citation for any offense described as a public nuisance under this chapter may receive written notice that a potential public nuisance may exist on their property. The purpose of this notice is to allow the person(s) having control of the identified property to take action to abate any continuing or future potential public nuisances.
(d) Notice of conviction. For the purposes of this section, persons(s) having control of property upon which a person has been convicted of any offense described as a public nuisance under this chapter shall be sent written notice that a potential public nuisance may exist on their property. The purpose of this notice is to allow the person(s) having control of the identified property to take action to abate any continuing or future potential public nuisances.
(e) Sufficiency of notice. Any notice sent pursuant to this section to the person(s) having control of the property shall be presumed to be duly served and sufficient if personally served, or if mailed by first-class mail to the address posted on the property pursuant to Chapter 35 of this Code, or if the address or unit is in a structure exempt from the provision of Chapter 35, to the address shown in the records of the Ramsey County Assessor's Office. It is not a defense that the person(s) in control of property failed to change the address listed as required under Chapter 35 or that the person(s) failed to file a change of address with the Ramsey County Assessor's Office or with the post office.
(f) Violation after notice. The person(s) having control of property who fails to take action to abate or prevent the public nuisance shall be deemed to have notice that they are knowingly maintaining or using the identified property as a public nuisance and may be charged with a violation of this section subject to the following:
(1) Upon the conviction of any person for any offense which constitutes a public nuisance under this chapter, the person(s) having control of the property where the offense occurred has been sent written notice and warning of the conviction pursuant to this section; and
(2) Upon a second conviction of any person for any offense defined under this chapter as a public nuisance and which occurred at the same address or unit number of the previous conviction.
(g) Defenses. For the purposes of this section, the following affirmative defenses are provided:
(1) It is a defense against a proceeding under this section that the person(s) having control of the property made every reasonable attempt to abate the public nuisance by evicting the tenant(s) from the premises by filing and completing an unlawful detainer action against them before the second conviction under this section.
(2) It is a defense against a proceeding under this chapter that the tenant(s) of the address or unit number where the second incident occurred did not reside at the address at the time of the first incident, if the person(s) having control of the property demonstrate(s) that due care was used in selecting tenants and if no pattern of public nuisance at that address is shown. "Due care," as it appears in this subsection, shall be the common law standard applied to ordinary negligence civil actions.
(h) Jurisdiction. Violations of this section shall be calendared in the Ramsey County District Court-Housing Division.
(Code 1956, § 466.02; Ord. No. 17790, § 1, 12-6-90; C.F. No. 92-1495, § 2, 1-28-93)
