(a) Findings and Purpose.
(1) Findings.
The Village Board of the Village of Edgar finds that certain premises receive within the Village receive and require more than the general, acceptable level of law enforcement, building inspection, nuisance abatement and public health nuisance abatement services; this places an undue and inappropriate burden on Village of Edgar taxpayers and constitute public nuisances. Chronic nuisance activity contributes to the general decay of an affected neighborhood and negatively impacts law-abiding residents in these neighborhoods.
(2) Purpose.
a. This Section is enacted to encourage owners, occupants and/or tenants of premises to recognize their responsibility to ensure that activities occurring on their premises conform to the law and do not unduly burden Village services. Therefore, the Village Board determines that the Village will charge owners of such premises with the cost associated with abating nuisance activity at premises where nuisance activities chronically occur.
b. This Section does not affect a premises owner's duty to comply with Fair Housing ordinances nor does it affect a premises owner's duty to comply with all other laws governing residential tenancies.
(b) Definitions. The following definitions are applicable in this Section:
(1) Chronic Nuisance Premises.
A premises that meets any of the following criteria:
a. Is a premises which has generated three (3) or more calls for police services that have resulted in an enforcement action for nuisance activities on three (3) separate days within a one hundred twenty (120) day period and/or has generated three (3) or more cases involving the Building Inspector, Zoning Administrator, Weed Commissioner or other property maintenance or health officials from at least three (3) or more inspections within a one (1) year period, with such calls resulting in an enforcement action. Three (3) or more calls for police services resulting in an enforcement action for nuisance activities includes enforcement action taken against any person associated with the premises while at or within two hundred (200) feet of the premises for a nuisance activity; or
b. Is a premises for which charges have been filed by the District Attorney for prosecution for the manufacture, distribution or delivery of a controlled substance that has occurred on or in association with the premises; or
c. Is a premises which has had one (1) enforcement action associated with the premises resulting from the manufacture, delivery or distribution of a controlled substance(s) as defined in Chapter 961, Wis. Stats.
(2) Chronic Nuisance Premises Notice.
The notice issued by the Police Department, Building Inspector, Weed Commissioner, Zoning Administrator or public health officials.
(3) Enforcement Action.
Means any of the following: The issuance of a citation for a violation and/or the filing of charges by the District Attorney or the Village Attorney for prosecution of nuisance activities, and/or referral of charges by the Building Inspector, Police Department, Weed Commissioner, Zoning Administrator or public health officials to the Village Attorney or District Attorney for prosecution for nuisance activities.
(4) Nuisance Activities.
Any of the following activities, behaviors or conduct whenever engaged in by the premise's owners, occupants, operators, tenants, or persons associated with a premises:
a. An act of harassment as defined in Section 11-2-13, or Sec. 947.013, Wis. Stats..
b. Disorderly conduct as defined in Section 11-2-8, or Sec. 947.01, Wis. Stats.
c. Battery, substantial battery or aggravated battery as defined in Sec.940.19, Wis. Stats.
d. Crimes of violence as defined in Ch. 940, Wis. Stats.
e. Resisting or obstructing an officer as prohibited by Sections 11-2-10 or 11-2-16, or Sec. 946.41, Wis. Stats.
f. Indecent exposure as prohibited by Section 11-1-1 or Sec. 944.20(1)(b), Wis. Stats.
g. Damage to property as prohibited by Sections 11-3-1 or 11-3-5, or Sec. 943.01, Wis. Stats.
h. The production or creation of noises disturbing the peace, as prohibited by Section 11-2-7.
i. Illegal discharge of a firearm or weapon as prohibited by Section 11-2-1.
j. Crimes involving illegal possession of firearms as defined in Secs. 941.23, 941.26, 941.28, 941.29 and 948.60, Wis. Stats.
k. Unlawful trespass to land or premises as regulated by Section 11-3-8, trespass to land as defined in Sec. 943.13, Wis. Stats., or criminal trespass to a dwelling as defined in Sec. 943.14, Wis. Stats.
I. Obstructing a street or sidewalk as prohibited by Section 11-2-5.
m. Theft as defined in Sec. 943.20, Wis. Stats.
n. Arson as defined in Sec. 943.02, Wis. Stats.
o. Prostitution as prohibited by Sec. 944.33, Wis. Stats.
p. Soliciting prostitutes as prohibited by Sec. 944.32, Wis. Stats.
q. Pandering as prohibited by Sec. 944.33, Wis. Stats.
r. Possessing an open container which contains alcohol beverages or consuming alcohol beverages upon any public street as prohibited by Section 11-4-1.
s. Selling, offering for sale or giving away of any intoxicating liquors or fermented malt beverages without a license as provided by Sec. 125.04(1), Wis. Stats., or Title 7, Chapter 2 "Fermented Malt Beverages and Intoxicating Liquor".
t. Possession, manufacture, distribution or delivery of a controlled substance or related offense as defined in Ch. 961, Wis. Stats.
u. Maintaining a drug dwelling as defined in Sec. 961.42, Wis. Stats.
v. Illegal gambling as defined in Sec. 945.02, Wis. Stats.
w. Improperly keeping, owning or harboring a dangerous animal or an animal disturbing the peace as defined in Title 7, Chapter 1 "Licensing of Dogs; Regulation of Animals".
x. Violations of property maintenance, refuse storage and housing standards contained in Section 8-1-2 "Public Safety and Health Hazards/Nuisances Regulated", Section 8-1-8 "Unhealthy, Hazardous or Unsightly Materials on Public or Private Property", Section 8-1-9 "Rodent Control", Section 8-1-14 "Burial of Animal Carcasses", Title 8, Chapter 3 "Recycling", Section 10-5-8 "Junked Vehicles and Appliances on Private Property", Section 11-3-2 "Littering Prohibited", Title 11, Chapter 6 "Public Nuisances", Title 15, Chapter 1 "Building Code", and/or Title 15, Chapter 4 "Property Maintenance Code".
(5) Person.
Any natural person, agent, association, firm, partnership, corporation, limited liability corporation, or other entity capable of owning, occupying or using property in the Village of Edgar.
(6) Person Associated With.
Any person who, whenever engaged in a nuisance activity, has entered, patronized, visited or attempted to enter, patronize or visit, or waited to enter, patronize or visit a premises or person present on a premises, including without limitation any officer, director, customer, agent, employee, or any independent contractor of a property, person in charge, or owner of a premises.
(7) Person in Charge.
Any person, in actual or constructive possession of a premises including, but not limited to, an owner or occupant of premises under his or her ownership or control.
(8) Premises.
A place of abode, a residence, a house or multiple-family dwelling unit for one (1) or more persons, including lodging houses, hotels, motels and tourist rooming houses, and associated common areas, yards and parking lots. In the case of multiple dwelling units, "premises", as used in this Section, may consist of any single unit providing complete, independent living facilities for one (1) or more persons, including provisions for living, sleeping, eating, cooking and sanitation.
(c) Procedures.
(1) Determination.
a. Upon a finding that a premises meets the definition of a chronic nuisance premises, the Chief of Police, Zoning Administrator or Building Inspector may declare a premises a chronic nuisance premises. The Chief of Police, Zoning Administrator or Building Inspector shall provide written notice of his/her determination to the premises owner identified in the Village Assessor's records for that premises.
b. The Chronic Nuisance Premises Notice shall be deemed delivered if sent by either first class mail to the premises' owner's last known address or delivered in person to the premises owner.
c. If the premises owner cannot be located, the Notice shall be deemed to be properly delivered if a copy of it is left at the premises owner's usual place of abode in the presence of a competent member of the family at least fourteen (14) years of age, or a competent adult currently residing there and who shall be informed of the contents of the Notice.
d. If a current address cannot be located, it shall be deemed sufficient if a copy of the Chronic Nuisance Premises Notice is sent by first class mail to the last known address of the owner as identified by the records of the Village Assessor.
(2) Contents of Notice.
The Chronic Nuisance Premises Notice shall contain the following information:
a. Street address, parcel number or a legal description sufficient to identify the premises.
b. A concise statement, including a description of the relevant activities supporting the determination that the premises is a chronic nuisance premises.
c. A statement that the owner shall immediately notify the Chief of Police, Zoning Administrator or Building Inspector of any change in address to ensure receipt of future notices.
d. A statement that the cost of future enforcement may be assessed as a special charge against the premises.
e. A statement by the owner, occupant, operator or tenant of the premises shall, within thirty (30) days of receipt of the Chronic Nuisance Premises Notice, respond to the Chief of Police, Zoning Administrator and/or Building Inspector either with an appeal or to propose a written course of action to abate the nuisance activities. Such statement shall direct the premises owner to schedule a meeting with the Chief of Police, Zoning Administrator and/or Building Inspector to discuss the nuisance activity and the premises owner's intent regarding abatement.
f. A statement that the premises owner shall, when appropriate, consider and implement alternatives to eviction when formulating an abatement plan.
(3) Domestic Abuse Considerations.
Section 968.075, Wis. Stats., broadly defines "domestic abuse". Therefore, in reaching a determination that a premises is a chronic nuisance premises, activities that are "domestic abuse" incidents pursuant to Sec. 968.075, Wis. Stats., shall not be included as nuisance activities unless the incidents have been reviewed by the Chief of Police and the Village Attorney and a determination is made that, based upon the specific facts of each incident, the activities should be considered nuisance activities as defined herein. In determining whether to include such activities, the Chief of Police and the Village Attorney shall consider the strong public policy in favor of domestic victims reporting alleged abuses, and this Section shall not operate to discourage such reports.
(4) Owner Response to Chronic Nuisance Premises Notice.
a. If the owner responds to the chronic nuisance premises notice pursuant to Subsection (c)(2) above with a nuisance abatement proposal, the Chief of Police, Zoning Administrator and/or Building Inspector may accept, reject or work with the owner to modify the proposal. The proposed plan may be acceptable if it can reasonably be expected to result in abatement of the nuisance activities described in the Notice within sixty (60) days.
b. If the premises owner meets with the Chief of Police, Zoning Administrator and/or Building Inspector and presents an acceptable abatement plan and initiates action to abate the nuisance activities occurring on the premise, the Police Department, Zoning Administrator and/or Building Inspector may delay further enforcement of this Section, including cost recovery.
c. If the premises owner ceases to cooperate with the efforts to abate the nuisance activities, the Chief of Police, Zoning Administrator and Building Inspector will reinstitute enforcement of this Section, and the premises owner will be sent a Change in Status Letter. This Change in Status Letter will document the Police Department's, Zoning Administrator's and/or Building Inspector's efforts to contact and/or obtain cooperation of the owner.
d. Failure by the premises owner to respond to the Change in Status Letter within ten (10) days as directed in this Subsection shall result in a forfeiture of One Thousand Dollars ($1,000.00), plus court costs and fees.
(5) Determination.
a. Whenever the Chief of Police, Zoning Administrator and/or Building Inspector determines that any of the following have occurred, the procedures under Subsection (c)(5)b below shall be followed:
1. A premises owner has failed to respond to the Chronic Nuisance Premises Notice; or
2. Enforcement action for an additional nuisance activity has occurred at a premises for which Notice has been issued pursuant to Subsection (c)(2) and this enforcement action has occurred not less than fifteen (15) days after the Chronic Nuisance Premises Notice has been issued; or
3. A course of action submitted pursuant to Subsection (c)(4) has not been completed.
b. Pursuant to Subsection (c)(5)a above, the Chief of Police, Zoning Administrator and/or Building Inspector may calculate the cost of enforcement to abate this and any subsequent nuisance activities and may refer such cost to the Village Administrator-Clerk-Treasurer so that the cost may be billed to the premises owner. The Chief of Police, Zoning Administrator and/or Building Inspector shall notify the premises owner of the decision to refer the cost of enforcement to the Village Administrator-Clerk-Treasurer. Delivery of this notice, along with a copy of the Chief of Police's, Zoning Administrator's and/or Building Inspector's referral letter to the Village Administrator-Clerk-Treasurer, shall be made as set forth in Subsection (c)(2). The Notice shall contain:
1. The street address or legal description sufficient for identification of the premises.
2. A statement that the Chief of Police and/or Building Inspector has referred the cost of enforcement to the Village Administrator-Clerk-Treasurer with a concise description of the nuisance activities and the relevant sections of the Village of Edgar Code of Ordinances.
3. Notice of the premises owner's right to appeal pursuant to Subsection (c)(7) below.
c. Each subsequent incident of enforcement action for nuisance activity shall be deemed a separate violation and costs will continue to be assessed pursuant to this Section until the nuisance is abated.
(d) Penalties and Remedies.
(1) Cost Recovery.
a. The Chief of Police, Zoning Administrator and/or Building Inspector shall keep an accurate account of the cost of enforcement and shall report it to the Village Administrator-Clerk-Treasurer. The Village Administrator-Clerk-Treasurer shall establish a reasonable charge for the costs of enforcement of this Section.
b. Upon receipt of a Notice from the Chief of Police, Zoning Administrator and/or Building Inspector issued pursuant to Subsection (c)(2) above, the Village Administrator-Clerk-Treasurer shall charge any premises owner found to be in violation of this Section the costs of enforcement in full or in part. Such costs shall be billed to the premises owner by invoice sent by first class mail and shall be paid within thirty (30) days of the date on the invoice.
c. Any unpaid invoice shall be a lien on such premises and may be assessed and collected as a special charge pursuant to Sec. 66.0627, Wis. Stats. A One Hundred Dollar ($100.00) administrative fee shall be added to the cost of enforcement charged to the benefited premises any time the premises is declared a chronic nuisance premises.
(2) Suspension of Cost Recovery.
If after receipt of a billing notice from the Village Administrator-Clerk-Treasurer the premises owner develops an acceptable plan and initiates action to abate nuisance activities occurring on the premises, the Chief of Police, Zoning Administrator and/or Building Inspector will suspend further enforcement of this Section. The premises owner is still responsible for any enforcement costs incurred prior to the premises owner submitting an abatement plan, including the administrative fee. If the premises owner ceases to cooperate with the efforts to abate the nuisance activities, the Chief of Police, Zoning Administrator and/or Building Inspector will reinstitute enforcement of this Section after sending the premises owner a Change in Status letter.
(3) Forfeiture.
A forfeiture action may be commenced by the Village Attorney for each enforcement action for nuisance activity occurring after the premises has been declared a chronic nuisance premises. The forfeiture shall be not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) for each enforcement action. Upon default of payment, the premises owner may be imprisoned in the county jail for a period of not more than ninety (90) days.
(4) Appeal.
Appeal of a determination of the Chief of Police, Zoning Administrator and/or Building Inspector pursuant to either Subsection (c)(1), or the action of the Village Administrator-Clerk-Treasurer imposing special charges pursuant to Subsection (d)(1) against the premises, may be submitted in writing to the Zoning Board of Appeals in accordance with the procedures under Section 13-1-260 through 13-1-264.
(e) Eviction or Retaliation Prohibited. It shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant or otherwise retaliate against any tenant or members of the tenant's household because that tenant complained or was complained about to the Police Department, Zoning Administrator or Building Inspector about nuisance activities on the landlord's premises. It shall be unlawful for a landlord or any person acting as an agent for the landlord to intimidate or actively discourage a tenant and/or persons associated with a tenant, from calling the Police Department or other Village officials to report nuisance activity associated with a premises. It shall be presumed that any attempt to increase charges, reduce services, or to otherwise harass or retaliate against the tenant during the twelve (12) month period following receipt of the complaint by the Chief of Police, Zoning Administrator and/or Building Inspector constitutes unlawful retaliation under this Subsection. Such presumption may be rebutted by the preponderance of evidence that the actions by the landlord were based upon good cause. Notwithstanding the foregoing, a tenant's lease agreement or periodic tenancy may be terminated for a failure to pay rent; committing nuisance activity; for the commission of waste upon the premises; violating the terms and conditions of the lease agreement or periodic tenancy or as otherwise provided in Chapter 704, Wis. Stats., and AG 134, Wis. Adm. Code. "Good cause" as used in this Subsection means that a landlord must show good cause for his/her actions, other than one related to or caused by the operation of this Section.
(f) Summary Abatement. The Building Inspector, Zoning Administrator and/or Chief of Police are authorized to cause the abatement, including summary abatement, of any nuisance found on any premises, according to the procedure prescribed in Section 11-6-7. This Section may also be enforced by injunction. Nothing in this Section shall be construed as prohibiting the abatement of public nuisances by the Village in accordance with this Code of Ordinances and state law.
(g) When Chronic Nuisance is Deemed Abated. The public nuisance created by a chronic nuisance premises shall be deemed abated when no enforcement action to address nuisance activities occurs for a period of six (6) consecutive months from the date stated on the Notice declaring the premise a chronic nuisance premise and/or there are no building inspection cases generated for a period of six (6) consecutive months from the date stated on the notice declaring the premise a chronic nuisance premise.