Fridley, Minn., Mun. Code ch. 507 (2026) § 507.11

1. It is the responsibility of the licensee to see that residents, guests or other persons affiliated with the resident occupying a premises avoid engaging in illegal conduct so as not to cause the premises to be disorderly. For purposes of this Section, a premises is disorderly when illegal conduct occurs on the premises. 

2. Where there is a report of domestic abuse as defined in the Domestic Abuse Act or where the tenant is the victim of an order for protection violation under M.S. § 518B.01, subd. 14, the incident will not be considered “Disorderly Use” of the premises for purposes of requiring owners to proceed against a tenant who is the victim in such situations under the Crime Free/Drug Free Lease Addendum.

3. The Public Safety Director or their designee is be responsible for determining when there has been an incident of illegal conduct that constitutes disorderly use of the licensed premises.

4. Upon determination by the Public Safety Director or their designee that a licensed premises or an individual dwelling unit was used in a disorderly manner, as described in this Chapter, or otherwise used in violation of the Crime Free/Drug Free Lease Addendum, the Public Safety Director or their designee must notify the licensee of the violation and direct the licensee or their legally constituted agent or operator to take steps to prevent further violations. Notice may be personally delivered to the licensee, agent or operator, sent by certified mail to the licensee’s, agent, or operator’s last known address, or, if the licensee, agent, or operator does not acknowledge receipt of the notice, by posting the notice in a conspicuous place on the rental unit and mailing a copy of the notice of the violation by first class mail. The notice will direct the licensee to take steps to prevent further violations. A copy of the notice must also be sent by first class mail to the occupant. The owner must notify the tenant or tenants within 10 days of the notice of violation of the disorderly use constituting a violation of the Crime Free/Drug Free Lease Addendum. The owner must further take steps to prevent further disorderly use violations.

5. Upon a second violation within 12 months of any one previous instance of disorderly use of a rental dwelling or dwelling unit, notice of the disorderly use violation will be sent to the licensee, agent, or operator. The notice will require the licensee to submit a written report of the actions taken or to be taken to prevent further disorderly use violations. This written report must be submitted to the Public Safety Director or their designee within 10 business days of receipt of the notice, and must detail all actions taken in response to the notices within the preceding 12 months. If no written report is received, the rental license for the property or the individual dwelling unit may be denied, revoked, suspended, not renewed, or converted to a provisional license. An action to deny, revoke, suspend, convert to a provisional license, or not renew a license under this Section will be initiated by the Council at the request of the Public Safety Director. The licensee, agent, or operator must notify the tenant or tenants within 10 days of the notice of violation of the disorderly use constituting a violation of the Crime Free/Drug Free Lease Addendum, and the owner must take steps to prevent further disorderly use violations.

6. If a third or subsequent violation in an individual dwelling unit occurs within 12 months after the first of two previous instances for which notices were sent to the licensee, the rental license may be denied, revoked, suspended, converted to a provisional license or not renewed. An action to deny, revoke, suspend, convert to a provisional license, or not renew a license under this Chapter may be initiated by the Council at the request of the Public Safety Director or their designee.

7. No adverse license action may be imposed if the violation occurred during the pendency of eviction proceedings or within 30 days of notice given by the licensee to an occupant to vacate the premises, where the violation was related to conduct by that occupant or their guests. Eviction proceedings will not be a bar to adverse license action unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, convert to a provisional license, or not renew a license based upon violations of this Section may be postponed or discontinued at any time if the licensee has taken appropriate measures to prevent further disorderly use of the premises. The owner must notify the tenant or tenants within 10 days of the notice of violation of the disorderly use constituting a violation of the Crime Free/Drug Free Lease Addendum, and the owner shall take steps to prevent further disorderly use violations.

8. A determination that the licensed premises or dwelling unit has been used in violation of this Chapter will be made on a preponderance of the evidence to support the determination. It is not necessary for criminal charges to be brought to support a determination of violation, nor will a dismissal or acquittal of criminal charges operate as a bar to adverse license action under this Chapter.

HISTORY
Amended by Ord. 1364 on 12/10/2018
Amended by Ord. 1419 on 3/11/2024