[Amended 3-8-2022 by Ord. No. 1723-2022]
A. Definitions shall have the following meaning:
CHIEF
The Chief of Police or their designee.
ENFORCEMENT ACTION
Arrest, issuance of a citation or the issuance of a written
or verbal warning.
NUISANCE ACTIVITY
Any of the following activities, behaviors or conduct occurring
on a premises:
1.
An act of harassment, as defined in § 947.013, Wis.
Stats.
2.
Disorderly conduct, as defined in § 947.01, Wis. Stats.
3.
Battery, substantial battery or aggravated battery, as defined
in § 940.19, Wis. Stats.
4.
Lewd and lascivious behavior, as defined in § 944.20,
Wis. Stats.
5.
Prostitution, as defined in § 944.30, Wis. Stats.
6.
Theft, as defined in § 943.20, Wis. Stats.
7.
Receiving stolen property, as defined in § 943.34,
Wis. Stats.
8.
Arson, as defined in § 943.02, Wis. Stats.
9.
Possession, manufacture, or delivery of a controlled substance
or related offenses, as defined in Ch. 961, Wis. Stats.
10.
Gambling, as defined in § 945.02, Wis. Stats.
11.
Violations of regulations related to animals under Title 7 of
the City of Onalaska Code of Ordinances.
12.
Trespassing, as defined in § 943.13, Wis. Stats.,
and § 943.14, Wis. Stats.
13.
Violations of City regulations related to firearms, explosives and weapons under Chapter
2 of Title 11 of the City of Onalaska Code of Ordinances.
14.
Noise violations as defined in Chapter
2 of Title 11 of the City of Onalaska Code of Ordinances.
15.
Any conspiracy to commit, as defined in § 939.31,
Wis. Stats., or attempt to commit, as defined in § 939.32,
Wis. Stats., any of the activities, behaviors, or conduct enumerated
in Subsections 1 through 14 of this definition.
16.
The execution of arrest or search warrants at a particular location.
17.
Alcohol violations regulated in Chapter
4 of the City of Onalaska Code of Ordinances and § 125.07, Wis. Stats.
18.
City of Onalaska inspection/planning/zoning-related calls where
the Police Department responds.
19.
Retail theft, as defined in § 943.50(1), (3), and
(4)(a), Wis. Stats.
OWNER
The owner of the premises and their agents.
PREMISES
An individual dwelling unit, an apartment building (all units
included as one premises), or an individual business premises and
associated common areas.
B. Statutory references. All references to Wisconsin Statutes
in this section are to statutes as may be amended or replaced.
C. Notice of chronic nuisance. Whenever the Chief determines
that three or more nuisance activities resulting in enforcement action
have occurred at a premise during a twelve-month period, the Chief
may notify the premises owner in writing of the chronic nuisance.
In calculating the requisite nuisance activities, the Chief may count
separate qualifying nuisance incidents resulting in enforcement action
occurring on the same day (as long as they are distinct in time) or
different days, but shall never count nuisance activities that were
reported by the owner of the premises. The notice shall contain the
street address or legal description sufficient to identify the premises,
a description of the nuisance activities that have occurred at the
premises, a statement indicating that the cost of future enforcement
may be assessed as a special charge against the premises, and a notice
as to the appeal rights of the owner. The notice shall be delivered
by personal service. If personal service is unsuccessful or impractical,
the Chief or their designee shall post a copy of the notice in a conspicuous
place on the premises where the nuisance exists and send notice by
first class mail to the last known address of the owner or the agent
of the owner.
D. Abatement plan. Any owner receiving notice subject to Section
12.02.31C above shall meet with the City Attorney and Chief or their designee within five days of receipt of such notice. The parties shall review the problems occurring at the property. Within 10 days of this meeting, the owner shall submit to the Chief or their designee, an abatement plan to end the nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living within 60 miles of the property that can be contacted in the event of further law enforcement, fire or inspection contact.
E. Additional nuisance activity. Whenever the Chief determines that additional nuisance activity has occurred at a premise for which notice has been issued pursuant to Section
12.02.31C above, that this nuisance activity has occurred not less than 15 days after notice has been issued, and that reasonable efforts have not been made to abate the nuisance activity, the Chief may calculate the cost of police responses and enforcement for this and any subsequent nuisance activities and cause such charges and administrative costs to be assessed and collected as a special charge.
F. Appeal. Appeal of the determination of the Chief under
this division may be submitted to the Common Council. Chapter 68,
Wis. Stats. shall not apply to such an appeal.