Hoyt Lakes, Minn., Mun. Code Ch. 153 (2026) § 153.12

(A) It is the responsibility of the registration holder to require and ensure that occupants of the registered premises conduct themselves in such a manner as to not cause the premises to be disorderly or to be used, occupied or maintained in violation of law or ordinance. For purposes of this section, a rental unit is disorderly and in violation of law or ordinance when any of the following activities occur in, on or at the registered premises:


(1) Conduct which constitutes a violation of the Hoyt Lakes City Code relating to nuisances as it now exists or as hereafter amended.


(2) Conduct which constitutes a violation of Hoyt Lakes City Code 130, the noise ordinances as it now exists or as hereafter amended.


(3) Conduct which constitutes disorderly conduct in violation of M.S. § 609.72 as it now exists or as hereafter amended.


(4) Conduct which constitutes a violation of laws relating to possession of controlled substances pursuant to M.S. Chapter 152 as it now exists or as hereafter amended.


(5) Conduct which constitutes a violation of any city ordinance or state law relating to minors possessing or consuming alcohol, or relating to providing, furnishing or serving alcohol to minors, or relating to sale of alcoholic beverages.


(6) Conduct which constitutes a violation of state laws or city ordinances relating to prostitution, indecent exposure or acts related to prostitution as defined by state law.


(7) Conduct which constitutes a violation of city ordinances and state laws relating to weapons or fire arms.


(8) Conduct which constitutes a violation of city ordinances or state laws relating to assault, specifically including domestic assaults and criminal sexual conduct.


(9) Conduct which constitutes a violation of ordinances or laws relating to contributing to the need for protection, services or delinquency of a minor as defined in M.S. § 260.315 as it now exists or as hereafter amended.


(10) Conduct which constitutes a violation of any other federal, state or local ordinance or regulation and which is reasonably likely to threaten, annoy or harass tenants or visitors to rental units, or to residents, visitors or occupants of neighboring properties.


(B) The City Administrator shall administer this section of the chapter and may delegate administration to a designee authorized in writing by the City Administrator.


(C) If the Administrator determines that a violation of this section has occurred, then the Administrator will give notice of the violation to the registration holder and the renters of the rental unit, if known, and will direct that the registration holder take steps to prevent further violations.


(D) If another violation of this section occurs within 90 days of the incident for which notice was given as provided in division (C) above, then the City Administrator will give notice of the violation to the registration holder and the renters of the rental unit, if known, and will direct that the registration holder take steps to prevent further violations. The City Administrator will also, at that time, request that the registration holder submit to the City Administrator, within ten days of the City Administrator’s mailing of the notice of violation provided in this section, a report itemizing all actions taken by the registration holder in response to all notices of violations as to the rental unit within the preceding 90 days.


(E) If a third violation of this section occurs within 90 days after the last of any two or more previous violations for which notices were given pursuant to this section, and the registration holder has not sufficiently taken action to prevent further violations, then the rental unit registration for the premises may be denied, revoked, suspended or not renewed.


(1) Action to deny, revoke, suspend or not renew a rental unit registration may be initiated by the City Administrator who shall give to the registration holder a written notice of hearing before the City Administrator to consider such denial, revocation, suspension or non-renewal.


(2) A notice of intent to deny, revoke, suspend or not renew registration shall specify all violations of this section and shall state the date, time, place and purpose of the hearing provided by this division.


(3) The hearing held pursuant to this division shall occur no later than 30 days after notice.


(4) Following the hearing, the City Administrator may deny, revoke, suspend or not renew registration for all or any part of the registered premises or may grant conditional registration upon such terms and conditions as the Administrator finds necessary to accomplish the purpose of this chapter.


(F) No adverse registration action may be imposed where the violation of this section occurred during the pendency of unlawful detainer eviction proceedings brought under M.S. Chapter 566, as it may be amended from time to time, or within 30 days of notice given by the registration holder to a tenant to vacate the premises at which the violation occurred. Unlawful detainer eviction proceedings or a notice to vacate the premises, will not, however, bar adverse registration action unless diligently pursued by the registration holder. Action to deny, revoke, suspend or not renew registration for violation of this section may be postponed or dismissed by the City Administrator at any time if it appears to the Administrator that the registration holder has taken appropriate remedial action.


(G) The standard of proof to be used in determinations by the City Administrator as to conduct constituting violations under this section is a fair preponderance of evidence in support of such a determination. It is not necessary that criminal charges be brought to support a determination of violation of this section or a determination that conduct constituting a violation of this section has occurred. It is necessary, in determining a violation of this section, that law enforcement officers be called to the rental unit in response to a complaint and that a police report and investigation of the same be prepared.


(H) For the purpose of this chapter, a violation under this section includes violations by the rental unit renters or occupants, or by their visitors or guests, in or at the rental unit of the renters or tenants, or in, at or upon its curtilage, including anywhere on the property grounds and premises of an apartment building, home or mobile home park at which the rental unit is situated.


(I) Failure of a registration holder to respond to notices provided in this section is not, by itself alone, a violation of this chapter.


(Ord. 236, passed 11-28-2022)