§ 66-14. Chronic nuisance property.

(a)

Findings . The village board finds that any property that has generated three or more calls for police service for nuisance activities during one month, or six or more calls during a period of 12 months, has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the village. The village board therefore directs the chief of police and the village clerk, as provided in this section, to charge the owners of such property the costs associated with abating the violations at property where nuisance activities occur, in addition to the imposition of forfeitures as provided for herein.

(b)

Definitions. For the purposes of this section:

Chronic nuisance property means any parcel of land or structure, regardless of zoning, residential or business classification, which has generated three or more calls for police service for nuisance activities on separate days during one month, or six or more calls during a period of 12 months.

Nuisance activity means any of the following activities, behaviors, or conduct whenever engaged in by property owners, operators, tenants, occupants, or persons associated with a property:

(1)

An act of harassment as defined in Wis. Stats. § 947.013.

(2)

Disorderly conduct as defined in Wis. Stats. § 947.01

(3)

Battery, substantial battery or aggravated battery as defined in Wis. Stats. § 940.19.

(4)

Indecent conduct as defined in Wis. Stats. § 944.20(1).

(5)

Prostitution or keeping a place of prostitution, or leasing a building for the purposes of prostitution as defined in section 66-9 and Wis. Stats. §§ 944.30 and 944.34.

(6)

Theft as defined in Wis. Stats. § 943.20.

(7)

Arson as defined in Wis. Stats. § 943.02.

(8)

Possession, manufacture or delivery of a controlled substance or related offenses as defined in Wis. Stats. ch. 961.

(9)

Gambling as defined in section 66-8 and Wis. Stats. § 945.02.

(10)

Trespass as to building and land as defined in subsection 66-2(14) and Wis. Stats. § 943.13 or criminal trespass to dwelling as defined in Wis. Stats. § 943.14.

(11)

Discharge of a firearm as defined in section 66-3.

(12)

The production or creation of loud and unnecessary noise as defined in section 66-6.

(13)

Loitering as defined in section 66-5.

(14)

Underage alcohol violations as defined in section 6-2.

(15)

Open intoxicants public space as defined in section 6-87.

(16)

Owning, keeping, having or harboring any bird or animal that causes a disturbance of the peace as defined in sections 14-6, 14-11, 14-13.

(17)

Selling or giving away tobacco products to persons under the age of 18 as defined in section 66-31 and Wis. Stats. § 134.66.

(18)

Illegal sale, discharge and use of fireworks as defined in section 38-3.

(19)

Misuse of emergency telephone numbers as defined in section 66-11.

(20)

Removal of snow and ice as defined in section 78-6.

(21)

Any other offense against good order and conduct as defined in chapter 62 of this Code.

Exception. Any offenses that may be listed under subsection (b)(2) which are determined to be a domestic violence event as described under Wis. Stats. § 968.075 shall not be considered a nuisance activity for purposes of this section where the victim is the individual requesting assistance or response to the domestic violence event at issue.

Person associated with means any person who, whenever engaged in a nuisance activity, enters, patronizes, visits or attempts to enter, patronize or visit, a property including any officer, director, customer, agent, employee or independent contractor of a property owner, tenant, or occupant.

Property means any parcel of land or structure, regardless of zoning, residential or business classification.

Verifiable event means an event that is initially observed by a police officer, or a call for service that is reported to the police department by a known person who is identifiable to support the event, or a call for service that is reported to the police department by an unknown person if the event is substantiated by a police officer, or a witness; and the call for service was made.

(c)

Chronic nuisance property prohibited. It shall be unlawful for any property owner, operator, tenant, occupant, or person associated with a property to allow the establishment of, keep, maintain, or fail to abate a chronic nuisance property.

(d)

Procedure.

(1)

Whenever the chief of police determines that two nuisance activities have occurred at a property on separate days during any 12-month period, the chief of police may notify the property owner that the property is in danger of becoming a chronic nuisance property.

(2)

Whenever the chief of police determines that three nuisance activities have occurred at a property on separate days during any month, or six nuisance activities have occurred at a property during a period of 12 months, and said nuisance activities are verifiable events, the chief of police shall notify the property owner in writing that the property is a chronic nuisance property and any further violations within said month or 12-month period will be cause for levying a special charge against the property pursuant to this section in addition to any forfeitures that may apply.

(3)

The notice described in subsection (d)(2) shall be deemed to be properly delivered if sent either by first class mail to the property owner's last known address or if delivered in person to the property owner. If the property owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the property owner's usual place of abode in the presence of some competent member of the family at least 14 years of age or a competent adult currently residing there and who shall be informed of the contents of the notice. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by first class mail to the last known address of the owner as identified by the records of the tax roll.

The notice shall contain:

a.

The street address or legal description sufficient for identification of the property.

b.

A description of the nuisance activities that have occurred at the property and a statement indicating that the cost of future enforcement or abatement will be assessed as a special charge against the property.

c.

A statement that the property owner shall within ten days respond to the chief of police to propose a written course of action to abate the nuisance activities which is acceptable to the chief.

(e)

Violation and enforcement. Each nuisance activity which is a verifiable event following issuance of the notice provided pursuant to subsection (d)(2) and occurring within the month or 12-month period in which said notice is provided, shall constitute a separate violation of this section. Whenever a property owner has been billed pursuant to subsection (f) on three or more occasions within a 12-month time period for the costs of enforcement, that person shall also be subject to a forfeiture of not less than $500.00 nor more than $1,500.00 for each nuisance activity occurring after the third bill is sent to the property owner for failure to abate the nuisance activity.

(f)

Cost recovery. Upon notification from the chief of police that a chronic nuisance property has been identified, the village clerk shall charge any property owner found to be in violation of this section the costs of enforcement and abatement, including administrative costs, in full or in part. All costs so charged are a lien upon such property and may be assessed and collected as a special charge. The village shall establish a reasonable charge for the costs of administration and enforcement imposed hereunder.

(g)

Appeal. The determination of the chief of police issued pursuant to subsection (d)(2) or the levying of any special charges pursuant to this section may be appealed in accordance with the provisions set forth in sections 2-411 through 2-421 of this Code.

(Ord. No. 755-08, § 1, 2-11-2008)