Burnsville, Minn., Mun. Code ch. 3-15 (2026) § 3-15-15
Disorderly Use By Tenants, Eviction For Three Violations
Operative Text
Conduct Constituting Disorderly Use: The following conduct by tenants or their guests on the licensed premises is hereby deemed to be a disorderly use, if such conduct is in violation of any of the following statutes or ordinances. A determination that a rental dwelling has been used in a disorderly manner as described in 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. Police contacts or incidents will not be deemed to be a disorderly use where there is a report of domestic abuse and the victim and suspect are "family or household members" defined in the State's Domestic Abuse Act and where the victim is a resident of the dwelling unit.Any of the following crimes:Homicide Rape and Attempted Rape Assault/Aggravated Assault Robbery Burglary and Breaking and Entering (including: forcible entry, unlawful entry/no force, attempted forcible entry) Larceny/Theft Motor Vehicle Theft Arson Forgery/Counterfeiting Fraud Embezzlement Stolen Property (Buying, Receiving, or Possessing) Vandalism/Destruction of Property Prostitution Possession or Sale of Illegal Narcotics Gambling Driving Under the Influence Disorderly Conduct/Disturbing the Peace Sex Offenses Operating or Maintaining a Disorderly House Unlawful Sale of Alcoholic Beverages Unlawful possession, transportation, sale, or use of a weapon Noisy Assemblies Contributing to the need for protection or services or delinquency of a minor Falsely reporting a crime or providing false information to a peace officer related to activities occurring on the premises of the rental unit or residential building Violations of Minnesota Statutes, Section 609.686 which prohibits intentional false fire alarms, tampering with fire alarm systems and fire protection devices, stations, signal boxes or any auxiliary fire appliances; Violations of Minnesota Statutes, Section 609.576 which prohibits negligent fires resulting in injury or property damage. This includes dangerous smoking or negligent handling, extinguishing and disposal of smoking materials; Violations of the Minnesota State Fire Code, Appendix O concerning the use of grills, barbeque pits, or other devices capable of emitting any fire or open flame on any deck, patio or balcony; Violations of the Minnesota State Fire Code, Section 901.8 concerning the removal, tampering with or otherwise disturbing any fire hydrant, fire detection or fire alarm systems or other fire appliance. This includes the deliberate disabling or rendering as inoperative of any fire smoke detection or alarms, sprinklers, egress lighting or exit signage as required. Violations of this Code which relate to animal noises and public nuisances. Any violation of the crime free/drug free addendum including:Resident, any member of the resident's household or a guest or other person under the resident's control shall not engage in illegal activity. Resident or guest shall not engage in an act intended to facilitate illegal activity. Resident or member of the household will not permit the dwelling to be used for or to facilitate illegal activity. Resident, or member of the household or a guest or other person under the resident's control shall not engage in acts of violence or threats of violence. Process Following Disorderly Use: It shall be the responsibility of the license holder to take appropriate action following disorderly use by tenants or their guests using or occupying the premises:First Strike: Upon the occurrence of an alleged disorderly use, the Police or Fire Department shall inform the City Manager or designee of the suspected disorderly use. The City Manager or designee shall then send to the tenant, and license holder, as appropriate, a written notice of the violation by mail. The license holder shall be responsible to take action as appropriate to terminate the disorderly use. Second Strike: If another instance of disorderly use takes place in the same unit or by the same tenant or guest within 12 months of an incident for which a notice in subsection (B)1 of this section was given, the Police or Fire Department shall inform the City Manager or designee of the alleged violation. The City Manager or designee shall then send to the tenant, and license holder, as appropriate, a written notice of the violation by mail. The license holder shall be responsible to take action as appropriate to terminate the disorderly use. Third Strike: If a third or more instance of disorderly use takes place in the same unit or by the same tenant or guest within 12 months of an incident for which a notice in subsection (B)1 or (B)2 of this section or this subsection was given, the City shall notify the license holder by mail of the violation and shall also require the license holder to immediately undertake the process necessary to remove the tenant from the property. If the license holder fails to comply with the requirements of this section within 14 days, this constitutes a property owner violation under 3-15-14B(16). (Ord. 1415, 5-16-2017) Appeal: A tenant or license holder who is provided written notice of a violation under this section may appeal the determination to the City Manager as set forth in Section 1-4-7 of this Code. Postponement Of Penalty: An action to revoke or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the license holder has taken appropriate measures which will prevent further instances of disorderly use. No adverse license action shall be imposed where the instance of disorderly use of licensed premises occurred during the pendency of eviction proceedings (unlawful detainer) or within 30 days of notice given by the license holder to a tenant to vacate the premises, where the disorderly use was related to conduct by the tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless the license holder diligently pursues them. Standard Of Review: A determination that the licensed premises have been used in a disorderly manner as described in this section shall be made upon substantial evidence to support such a determination. Reapplication For Revoked License: Following the revocation of a license for a unit, the property owner or former license holder must wait for the expiration of the appropriate revocation term and then must apply for a new license for the unit. Any unit revoked must be inspected at the property owner's expense prior to the reissuance of a license. (Ord. 1276, 9-18-2012, eff. 1-2-2013) HISTORY Amended by Ord. 1474 on 2/19/2019 Amended by Ord. 1585 on 4/28/2023
Burnsville's Ch. 3-15 Rental Licensing § 3-15-15 establishes a three-strike framework for addressing disorderly conduct by tenants or their guests on licensed rental properties. A wide range of conduct—from violent crimes and drug offenses to fire code violations and noise disturbances—can qualify as a 'disorderly use,' and a determination can be made on a preponderance of evidence without requiring a criminal conviction. Notably, police contacts arising from domestic abuse situations where the victim is a resident are explicitly excluded from counting as disorderly use. After three qualifying incidents within a 12-month window, the city can require the license holder to begin eviction proceedings, and failure to comply within 14 days constitutes a separate property owner violation.
Plain English — not legal advice.
Under § 3-15-15, compliant rental license holders in Burnsville generally maintain active communication with the City Manager's office when disorderly use notices are issued and document the corrective steps they take after each strike. After a first or second notice, operators typically respond promptly with measures designed to stop the disorderly conduct—such as issuing lease warnings or beginning lease-enforcement procedures—so that the city can see good-faith efforts. If a third incident occurs within 12 months, § 3-15-15 requires the license holder to immediately initiate removal proceedings; operators who diligently pursue eviction may be able to avoid or postpone adverse license action, including revocation, under the postponement provisions of this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 3-15-15, tenants in Burnsville have the right to receive written notice from the City Manager before any disorderly-use determination is used against them, and they have the right to appeal that determination to the City Manager as outlined in Section 1-4-7 of the City Code. Importantly, the provision explicitly protects domestic abuse victims—police contacts where the victim and suspect are family or household members and the victim is a resident cannot be counted as disorderly use. Tenants who receive a notice under § 3-15-15 may wish to consult a tenant-rights organization or legal aid provider to understand the appeal process and to evaluate whether the conduct at issue falls within one of the provision's exclusions.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.