(A) Definitions.
(1) CHRONIC NUISANCE PREMISES. A premises meeting the following criteria: a place where activities have been the cause of three or more calls for police services that have resulted in enforcement actions for nuisance activities on three separate dates in a 90-day period. Three or more calls for police services resulting in an enforcement action for nuisance activities include any enforcement action taken against any person associated with the premises, including without limitation an owner or a renter of the premises, or a guest of either; while the person is at the premises or is within 200 feet of the premises. Enforcement actions that result from calls made by the owner of the premises
or an on-site manager of the premises shall not be counted in a determination that there is a chronic nuisance premises.
(2) CHRONIC NUISANCE PREMISES NOTICE. A notice issued by a village law enforcement officer (herein, the officer) that declares that a premises is a chronic nuisance premises. The notice shall inform the owner of the premises that the officer has determined the premises is a chronic nuisance and shall contain the following information:
(a) The identity of the premises by street address, tax parcel number, a legal description, or other description that reasonably identifies the premises;
(b) A summary of the enforcement actions that have occurred and on which the officer has based the determination;
(c) That the cost of future enforcement may be imposed as a special charge against the premises pursuant to Wis. Stat. § 66.0627(2) for police and other services rendered;
(d) That within ten days of service of the notice the owner is required to submit to the officer a written plan to put an end to the nuisance activities;
(e) That within ten days of service of the notice the owner is required to schedule a meeting with the officer to discuss the owner's plan for abatement of the nuisance activities;
(f) That the owner may be subject to a forfeiture action for permitting a chronic nuisance premises to continue to exist; that if the owner fails to respond to the notice within ten days as directed or that if the owner fails to schedule a meeting with the officer as directed, a forfeiture action may be commenced against the owner.
(3) ENFORCEMENT ACTION. An arrest that results in the transportation and detention of the arrestee; conviction for a nuisance activity that is a violation of the Municipal Code; the filing of a summons and criminal complaint by the district attorney’s office, regardless of outcome; or a police presence at a premises that is the result of a false report or prank call.
(4) NUISANCE ACTIVITIES include the following:
(a) Any activity that results in criminal charges being brought against any person associated with the premises;
(c) Requesting the assistance of the police or reporting a violation of the law by a person associated with the premises that results in a police presence made without any legitimate or justifiable reason.
(B) Procedure.
(1) When the officer determines there is a chronic nuisance premises within the village, the officer shall issue a chronic nuisance premises notice to the owner. Service of the notice may be made by regular first class mail to the owner's address as it appears on the current tax roll. Service by mail is complete upon mailing. Other means of service may be employed if they are at least as reliable as regular first class mail, including registered mail. If registered mail is used, service is deemed completed one day after mailing.
(2) If the owner responds to the notice, the officer shall review the required plan with the owner. If the plan appears that it will result in abatement of the nuisance activities described in the notice, the officer shall accept the plan. If the owner then implements the plan, the village will delay any further enforcement under this section.
(3) If the owner fails to respond to the notice as directed, either by failing to submit a plan or by failing to schedule a meeting with the officer, the owner will be subject to a forfeiture action for violation of this section.
(4) If the owner fails to implement an approved plan, or if the owner fails to follow through with a plan that has been approved and implemented, the owner will be subject to a forfeiture action for violation of this section.
(5) If an owner submits an unacceptable plan, but meets with the officer as required by this section, the officer shall work with the owner to craft an acceptable plan. Any provision of a plan required by the officer shall become a part of the plan; any provision proposed in the plan by the owner that is rejected by the officer shall not be a part of the plan. The owner shall be required to implement the plan that results from this process.
(C) Violations. In addition to the foregoing, the following are violations of this section and shall subject to the owner to a forfeiture action:
(1) Failure to respond to a chronic nuisance premises notice;
(2) Failure to implement a plan, or to carry out an implemented plan;
(3) An enforcement action occurs as a result of a nuisance activity that involves a chronic nuisance premises after a plan has been approved and within 180 days of approval of a plan.
(D) Nuisance abated. If no enforcement action occurs within 180 days after a premises has been declared to be a chronic nuisance premises, then the public nuisance created by the premises will be deemed to have been abated. Any subsequent determination that the premises is a chronic nuisance premises shall be based on the same criteria that were used under this section to make the previous determination.
(E) Penalties.
(1) Forfeiture. An owner who violates this section shall forfeit not less than $250 nor more than $2,000, plus the costs of the action.
(2) Special charges. In the event an enforcement action occurs within 180 days after an abatement plan has been approved, the officer shall keep an accurate account of the costs of enforcement which shall be calculated based on the pay and benefit scale of the officer or officers involved in any enforcement action; the amount of time an officer has spent dealing with the enforcement action; the amount of time the officer spends on preparing and serving a chronic nuisance premises notice and the costs of service; the amount of time the officer spends in reviewing and developing an abatement plan with the owner; and the time the Village Attorney spends dealing with the enforcement action. The special charges for services rendered shall be levied as a special charge against the nuisance premises and collected in the manner of other real estate taxes. These special charges for services rendered shall be collected only for services rendered in enforcement actions involving a premises that has been issued a chronic nuisance premises notice or in actions taken against an owner for a violation of this section.
(Ord. 2014-13, passed 8-7-14)