[Added 1-8-2007 by Ord. No. 1923]
[Amended 12-1-2008 by Ord. No. 1947]
The Village Board finds that any premises that
has generated three or more calls for police service, Building Inspection
or the Health Department for nuisance activities has received more
than the level of general and adequate Village service and has placed
an undue and inappropriate burden on the taxpayers of the Village.
The Village Board therefore authorizes the Chief of Police, as provided
in this article, to require premises' owners to comply with nuisance
abatement plans and to charge the owners of such premises the costs
associated with abating the violations at premises at which nuisance
activities chronically occur.
[Amended 12-1-2008 by Ord. No. 1947]
A.
BUILDING INSPECTION DEPARTMENT RESPONSE
CHIEF
HEALTH DEPARTMENT RESPONSE
OWNER
PERSON
PERSON ASSOCIATED WITH PREMISES
POLICE DEPARTMENT RESPONSE
PREMISES
The following terms shall be defined as follows in
this article, and the singular includes the plural and the plural
includes the singular:
The Shorewood Building Inspector went to the premises for
an inspection at the premises and as a result thereof, a citation
is issued for a violation of the Building, Housing or Zoning Code.
The Chief of Police or his or her designee.
A member of the Shorewood Health Department went to the premises
for an inspection at the premises and as a result thereof, a citation
is issued for a violation of any provision of the Shorewood Code that
the Health Department is responsible for enforcing.
A person who has legal title or possession, charge, care
or control of premises, including as executor, administrator, trustee,
or guardian of the estate of a person or property.
Includes a corporation, organization, government or governmental
subdivision or agency, business trust, estate, trust, partnership,
association, and any other legal entity.
The premises owner, operator, manager, resident, occupant,
guest, visitor, or person present on the premises (other than trespasser)
or employee or agent of any of the above persons.
At least one sworn on-duty Shorewood police officer went
to a premises and the event is logged in the Police Department's record
of police activity.
An individual building, dwelling, or dwelling unit and associated
common areas or vacant land.
B.
"Nuisance activity" means any of the following activities,
behaviors, or conduct whenever engaged in by persons associated with
a premises that causes or results in:
(1)
An act of harassment, as defined in § 947.013,
Wis. Stats.
(3)
Battery, substantial battery, or aggravated battery, as defined in § 940.19, Wis. Stats., or § 409-1I, Shorewood Village Code.
(4)
Lewd and lascivious behavior, as defined in § 944.20,
Wis. Stats.
(8)
Receiving stolen property, as defined in § 943.34,
Wis. Stats.
(9)
Arson, as defined in § 943.02, Wis. Stats.
(10)
Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Ch. 961, Wis. Stats., or § 409-15, Shorewood Village Code.
(16)
The execution of arrest or search warrants at
a particular premises.
(18)
Obstructing or resisting an officer, as defined in § 946.41, Wis. Stats., or § 409-1H, Shorewood Village Code.
(22)
Violation of occupancy restrictions, as defined
in § 225-7B(1), Shorewood Village Code.
(24)
Village of Shorewood building inspection related
calls where the Police Department responds or any Building Inspection
Department response.
(25)
Village of Shorewood Health Officer related
calls where the Police Department responds or any Health Department
response.
[Amended 12-1-2008 by Ord. No. 1947]
A.
Whenever the Chief determines that the Police Department,
Building Inspection Department or the Health Department has responded
to three or more nuisance activities that have occurred at a premises
during any consecutive twelve-month period, the Chief may notify the
premises owner in writing that the premises constitutes a chronic
nuisance. In calculating the requisite nuisance activities, the Chief
may count separate qualifying nuisance activities occurring on the
same day (as long as they are distinct in time) or different days
and further may consider whether or not to count a qualifying nuisance
activity when it is reported by a person associated with the premises
under circumstances that would encourage and not penalize self-reporting
and facilitate police response for the benefit of the community.
(1)
Pursuant to § 66.0627 (7), Wis Stats., Police
Department responses related to domestic abuse, as defined in § 813.12(1)(am),
sexual assault, as described under §§ 940.225, 948.02,
and 948.025, or stalking, as described in § 940.32 shall
not be used in calculating the nuisance activities to constitute a
chronic nuisance.
(2)
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.
Any owner receiving notice pursuant to § 389-15 shall meet with the Chief within five days of receipt of such notice. The parties shall review the nuisance activities occurring at the premises for the purpose of determining the appropriate Shorewood Police Department abatement plan for the premises. Within 10 days of this meeting, unless the Chief agrees in writing to a longer period, the owner shall comply with the abatement plan agreed upon with the Chief to end the nuisance activity on the premises. The plan shall also specify a name, address, telephone number and, if applicable, a fax number and e-mail address of a person living within 60 miles of the premises who can be contacted in the event of further police, fire, or inspection contact.
Whenever the Chief determines that additional nuisance activity has occurred within 12 months of the last nuisance activity at a premises for which notice has been issued pursuant to § 389-15, that this additional 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 response for this additional and any subsequent nuisance activities occurring within 12 months of the last nuisance activity and shall prepare a statement of such police costs to be assessed to the owner of the premises and collected as a special charge pursuant to § 66.0627, Wis. Stats. The Chief shall send the assessment of the cost of police response to the premises owner and notify the owner, in writing, that the assessment must be paid within 30 days or it will be collected as a special charge pursuant to § 66.0627, Wis. Stats. This assessment of police costs and the notice shall be prepared and delivered pursuant to § 389-15 and the Chief shall send a copy to the Village Treasurer.
A.
It shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant or otherwise retaliate against any tenant because that tenant complained to the Chief about nuisance activity on the landlord's premises. It shall be presumed that any attempt to increase charges, reduce services, or otherwise harass or retaliate against the tenant during the twelve-month period following receipt of the complaint by the Chief constitutes unlawful retaliation under this subsection. Such presumption shall be rebutted by the preponderance of evidence that the actions taken by the landlord were based upon good cause. "Good cause" as used in this subsection means that a landlord must show good cause for his or her actions, other than one related to or caused by the operation of this section. Notwithstanding the foregoing, a tenant's lease agreement or periodic tenancy may be terminated for a failure to pay rent, committing nuisance activity as defined in § 389-14, or violating the terms and conditions of the lease agreement or periodic tenancy or as otherwise provided in Ch. 709, Wis. Stats., and Ch. ATCP 134, Wis. Adm. Code. A landlord's failure to renew a lease agreement or periodic tenancy upon expiration of such lease agreement or periodic tenancy shall not be deemed a violation of this subsection.
The Chief's decision under § 389-15, 389-16 or 389-18 may be appealed to the Board of Appeals in accordance with the provisions of §§ 535-56 and 535-57, Shorewood Village Code, except that any appeal of the Chief's decision under § 389-15 or 389-16 must be filed within 15 days of receipt of the written decision or order being appealed. The Board of Appeals, after a hearing, may affirm, reverse or remand with recommendations any order, requirement, decision or determination of the Chief made under this article. The Board of Appeals shall decide all appeals under this article within 30 days after final hearing and shall transmit a signed copy of the Board's decision to the appellant and to the Chief.
