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Ordinance No. 0821 11-05-1984�� � � �f3 o�zru�cE No. su AN ORDINANCE RECADIFYING THE FRIDLEY CITY CODE BY ADOPTII� A NEW CHAPTII2 126 F�77'ITLID "HOUSFS OF PROSTITUTION; PUBLIC NUISANCE" 7.f3E CITY COUDICIL OF TF3E CITY OF FRIDLEY DOES ORDAIN F.S FOLI,GWu: 126.01. DEFINITIONS The terms used in Sections 126.01 through 126.07 shall have the meaninq herein given: 1. Building. Includes any structure suitable for human shelter and the ground itself. 2. Movable Property. Includes iurniture, fixtures and materials. 3. Nlaterials. Includes books, magazines, pamphlets, papers, wrxtings, cards, advertisements, circulars, prints, pictures, photographs, notion picture films, plays, unages, instruments, statutes, drau:ings ancl vic]eos. 4. Prostitution and Prostitution Related Offenses. Includes the conduct defined in Minnesota Statutes, Sections 609.321 through 609.329. 126.02. ACTS C�ISfI7UTII� A N[JISANCE ACTS CONSTIRUTING 1. Any building or portion thereof used or rr,aititained for the A NUISANCE purpose of conunitting acts of prostitution or pxostitution reluted offenses shall constitute reasonable cause that a public nuisance e�ists. 2. Conclusive evidence as to the existence of a gublic nuisance shall exist upon proof of three (3) or more misde��eanor convictions or two (2) or more gross misdemeanors or felony convictions v�ithin the previous two (2� years for acts of prostitutian or Lrostitution related offenses arising out of conduct committea within or upon such building or portion thereof. 3. Any buildina or portion thereof and all movat�le property used in conducting or maintaining a public nuisance shall be en�cined and abated as provided for in Sections 126.04 through 126.07. 126.03. NOTICE Notice of any convictions described in Section 126.02 of this Chapter shall be sent by United States mail to the aaner of_ recorcl, all other interested persons or parties of record, the occupant of such building or portion thereof and shall be filed with the County Recorder's Office. Such notice shall be deened sufficient as to all interested persons, including persons or parties not of record or unknaan, that the building, or a portion thereof, is beii�g u�ed Por purposes constituting a public nuisance. NU`i'ICE Page 2-- Ordinance No. 821 �126.04. It37UNCTIVE RII�ImIES 1. Whenever any county attorney, city attorney or resident of the - City has reasonable cause to believe that any peraon within the City is violating Section 126.02, he or she may by verified petition seelc a temporary in7unction in district court in Anoka County. No t�nporary restraining order or preliminary in�uctien shall be issued without a prior shaa cause natice of hearing to the responaents to be heard. Personal service of the show cause order and of the petition made as in civil actions on the named respondents, or upon any of their employees or agents found within the State, shall constitute sufficient notice. Such shaa cause order for hearing may be returnable on the third day from the date of service as to a respondent who is present in this State, and on the fifth aay as to a person not a resident or not found within this State. 2. Any t�nporary restraining order or tenporary in�unction granted shall be binding on the owner and all other persons or parties, knaan or unknaan, claiming any right, title, estate, lien or other interest in the building or portion thereof used or mainteined for purposes constituting a public nuisance. 126.05. TRIAL, OI�ER I�ID ABATII+IEN'P 1. Pursuant to the Rules of Civil Procedure, the court may also orc�er the trial of the action on the merits to be advanceo and consolxdated with the hearing on the motion for a temporary �in�unction. Proof of any of the circ�mtistances enumeratecY in Section 126.02.2 shall be conclusive as to the existence of a public nuisance and the court shall order the abatenent ai the nuisance. � 2. The court is authorized to order the renoval from the building or portion thereof of all movable property usea in conduct�ng or maintaining such nuisance and may direct the sale of such properi:y as belong to the defendants who were notified or appearec] and shall direct the closing of the building or portion thereof for a period of one (1) year, except as to such use requested by a person appointed by the court as receiver of such building or �ortion thereof and as such use is further approved by the court, All remedies providing for the seizure of property for the purpose of securing satisfaction of a �udgement shall be available under the circ�snstances and in the manner provided by the law of the State. All costs of receivership shall be paid out of the receipts from the sale of the property or rents collected. 3. Where the building or portion thereof is a non-coniarming use for munici�l. zoning purposes, the abatement shall constitute a discontinuance of such use and, thereafter, the use of the building or the portion thereof abated must conform to th� use �ermittea in the zoning district in which it is located. Additionally, if the abatement cf a portion of the building results in a reduction oi the degree of the building's non-conformitg, the clegree of non-conformity may not be thereafter returne� to its original status. I� L� INJUCTIVE RIINEDIFS TRIAL, ORDER Pd�ID ABATII�2ENT � � � Page 3-- Ordinance No. 821 4. This Section does not limit the destruction of uny materials pursuant to Minnesota Statutes, Section 617.27. 126.06. COI�TPII�IPT Whoever violates a restraining order, temporzry in�unction or abatenent order granted under Sections 126.02 throuoh 126.07 may be ad�udged in contempt of court and punished accordingly. In addition, if any defendant fails to perform an orclered act, the court may direct the act to be done in accordance with Rule 70 of the Rules of Civil Procedure. 126.07. PARTIES � ACPION Before any abatenent order shall be enforced against the bualding or the portion thereof abated, the o�mer thereof shall be s�unmons in accordance with Rule 4 of the Rules of Civi The person in whose name the building or affecterl porti recorded with the County Auditor for purposes or taxat presumed the aaner. In case of unknaan persons having any awnership, right, title or interest in the property nade parties to the action by designating them in the complaint as "all other persons unknown claiming an right, title or interest in the propetty affectec3 by tY service thereon made in the maruler prescribed in Rule Ih�les of Civil Procedure. served with a L Procec�ure. on thereoi is ion shall be or clziming , they may be summons and y ownership, e action" and 4.04 of the [!�'iF1Y�U7J�l PP,RTIES TO ACPION PASSID AI�ID ADOPTED BY ZIIE CITY COUNCIL OF THE CITY OF FkIDLEY ^1HIS 5TH DFjY OF NWFNIBER, 1984 ATPE,,T: .--. –�s._..,9-�— _ SIDNEY C. +]AN - CITY CLERK �—v " _�..�"' - - V `�' �-- WILLIAM J, NEE - SAYGR R F^ �#J