Sponsor
Aldermen Wisneski and Helding
Title
Ordinance No. 2-12
To repeal and recreate Sec. 66-1001, repeal and recreate Sec. 66-1002 and create Sec. 66-1004 of the Municipal Code of the City of Racine, Wisconsin relating to Nuisance properties.
The Common Council of the City of Racine do ordain as follows:
Part 1:
Sec. 66-1001 of the Municipal Code of the City of Racine is hereby repealed and recreated to read as follows:
"Sec. 66-1001. Public Nuisance Prohibited.
No person shall erect, contrive, continue, cause, maintain or permit to exist any public nuisance within the City of Racine.
(a) Definitions.
1. Public Nuisance.
A public nuisance is a thing, act, occupation, condition or use of property, which shall continue for such a length of time as, to:
(a) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or
(b) In any way render the public insecure in life or in the use of property; or
(c) Greatly offend the public morals or decency; or
(d) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property."
(e) Specific nuisance activities include, but are not limited to, any of the following activities, behaviors or conduct:
1. An act of Harassment, as defined in §947.013, Wis. Stats.
2. Disorderly Conduct, as defined in Sec. 947.01 Wis. Stats., or Sec. 66-31 RCO.
3. Crimes of violence as defined in ch. 940, Wis. Stats.
4. Resisting or obstructing an officer as prohibited by Sec.946.41, Wis. Stats., or
Sec. 66-162 RCO.
5. Damage to property as prohibited by Sec. 943.01 Wis. Stats., or Secs. 66-186 - 66-188 RCO.
6. The production or creation of noises disturbing the peace, as prohibited by Secs. 42-126, 42-127 and/or 42-141 RCO.
7. Discharge of a firearm as prohibited by Sec. 66-59 RCO.
8. Crimes involving illegal possession of firearms as defined in ss. 941.23, 941.26, 41.28, 941.29 and 948.60, Wis. Stats.
9. Trespass to land as defined in s. 943.13, Sis. Stats., or criminal trespass to dwelling as defined in s. 943.14, Wis. Stats., or unlawful trespass as prohibited in Secs. 66-136 - 66-137 RCO.
10. Obstructing a street or sidewalk, as prohibited by Secs. 66-106 - 66-110 RCO.
11. Theft as defined in s. 943.20 Wis. Stats., or Sec. 66-213 RCO.
12. Arson as defined in s. 943.02, Wis. Stats.
13. Depositing rubbish as prohibited by Sec. 82-32 RCO.
14. Keeping a place of prostitution as defined in or s. 944.34, Wis. Stats.
15. Loitering for the purposes of prostitution as prohibited by Sec. 66-322 RCO.
16. Loitering for purposes of soliciting prostitutes, as prohibited by Sec. 66-322 RCO.
17. Prostitution as prohibited by s. 944.30, Wis. Stats.
18. Soliciting prostitutes as prohibited by s. 944.32, Wis. Stats.
19. Pandering as prohibited by s. 944.33, Wis. Stats., or Sec. 66-213 RCO.
20. Possessing an open container, which contains alcohol beverages, or consuming alcohol beverages upon any public street as prohibited by Sec. 6-4 of these ordinances.
21. Selling, offering for sale or giving away of any intoxicating liquors or fermented malt beverages without a license as provided in Sec. 125.04(1), Wis. Stats.
22. Possession, manufacture, distribution or delivery of a controlled substance or related offenses as defined in ch. 961, Wis. Stats.
23. Maintaining a drug dwelling as defined in Sec. 961.42 of the Wisconsin Statutes.
24. Illegal gambling as defined in s. 945.02, Wis. Stats.
25. Other violations of Chapter 66, RCO.
Part 2:
Sec. 66-1002 of the Municipal Code of the City of Racine is hereby repealed and recreated to read as follows:
"Sec. 66-1002. Chronic Nuisance Premises.
(a) Purpose.
The Common Council finds that from time to time certain commercial and residential premises in the City of Racine require a disproportionate amount of Police Department resources to be devoted to addressing various problems and incidents that occur thereon. Often this disproportionate devotion of police resources is due to property owners' own actions or the failure of property owners to accept and exercise sufficient responsibility for and over the actions of occupants, guests, agents or employees that reside upon or frequent the premises. Such premises, as further described in paragraph (b) below, are deemed chronic nuisance premises and are public nuisances. This section is enacted to encourage property owners to recognize their responsibility to ensure that activities occurring on their property conform to the law, and do not unduly burden the City's police resources, and to provide a mechanism for the City to take action against property owners who fail to ensure premises they own or rent do not require a disproportionate devotion of police resources and to recover the costs associated with the disproportionate devotion of police resources to such premises. This subsection is not intended to discourage crime victims or any person in legitimate need of police services from requesting them.
(b) Definitions. For the purpose of this section:
"Chronic Nuisance Premises" means a premise that meets any of the following criteria:
1. Is a Premises, which has generated three (3) or more calls for police services that have resulted in Enforcement Action for nuisance activities on one (1) occasion within a ninety (90) day period. Three or more calls for police services resulting in 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
2. Is a Premises for which charges have been filed by the Racine County District Attorney for manufacture, distribution or delivery of a controlled substance that has occurred on or in Association with the Premises.
3. 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 of the Wisconsin Statutes.
"Enforcement Action" means any of the following: The issuance of a citation
for a law violation and/or the filing of charges by the District Attorney or the City Attorney for the prosecution for nuisance activities.
"Person" means any natural person, agent, association, firm, partnership, corporation or other entity capable of owning, occupying or using property in the City of Racine.
"Person Associated With" means 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.
"Person in Charge" means any person, in actual or constructive possession of a Premises including but not limited to any owner or occupant of Premises under his or her ownership or control.
"Chief of Police" means the City of Racine Police Department Chief of Police or designee.
"Premises" means a commercial business establishment or a place of abode, a residence, a house or multiple 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.
Procedure.
Whenever any such premises exists, the Chief of Police shall determine from the facts of each incident and considering the purpose of this subsection as set forth in paragraph (a) above, whether the premises ins a chronic nuisance premises. A chronic nuisance is a public nuisance. The Chief, in making his determination, shall consider, among other things, whether the nuisance activities resulting in enforcement actions were reported by the owner of the premises and whether the nuisance activity was committed by a person having no association with the premises by acquaintance with, relation to or expressed or implied invitation from the owner, occupant, operator, or agent of the premises.
Sec. 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.
Nothing in this section shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the State of Wisconsin including, but not limited to an action under Wis. Stats. Ch. 823."
(c) Notice.
Whenever the Chief of Police finds a premises constitutes a Chronic Nuisance Premises under paragraph (b), the Chief of Police shall provide written notice of his determination to the owner of the premises as identified by the records of the City Assessor. Such notice shall be delivered by registered mail, return receipt requested or by personal service. If the owner cannot be located, the notice shall be published as a Class 2 notice under Wis. Chap. 985. The notice shall contain the following additional information:
1. The street address, parcel number or legal description sufficient to identify the premises.
2. A brief statement, including a description of the relevant activities, supporting the determination that the premise is a chronic nuisance premises.
3. A statement that the owner shall, within 10 days of receipt of the notice, or last day of publication if published, respond to the Chief of Police requesting a hearing before the Public Safety and Licensing Committee or proposing in writing a course of action that will be taken to abate the nuisance activities.
4. A statement that the owner shall immediately notify the Chief of Police of any change in address to ensure receipt of future notices.
(d) Owner Abatement.
If the owner responds to the notice in paragraph (c) with a nuisance abatement proposal, the Chief of Police may accept, reject or work with the owner to modify the proposal in his or her discretion. If the Chief of Police rejects the abatement proposal, determines that an agreement on an appropriate abatement proposal cannot be reached or determines that owner abatement is for any reason unsuccessful, the matter shall be referred to the Public Safety and Licensing Committee for hearing.
(e) Hearing.
If a hearing is requested or if the Chief of Police determines that a satisfactory abatement plan cannot be agreed upon, or if the Chief of Police determines that abatement actions taken by the owner are unsuccessful, a hearing shall be held before the Public Safety and Licensing Committee. The owner shall receive ten (10) days written notice of the hearing sent by regular mail or, if the owner cannot be located, by publication of a Class 2 notice under Wis. Stats. Ch. 985. The Public Safety and Licensing Committee shall hear any and all evidence it deems relevant and shall affirm or reverse the determination of the Chief of Police.
(f) Penalties and Remedies.
1. If the Chief of Police's determination is affirmed by the Public Safety and Licensing Committee and approved by the Common Council, the Council may order the owner to pay the actual cost of any police call for any nuisance activities occurring after the three (3) police responses that lead to the determination that the premises was a chronic nuisance premises. Such costs shall be presented to the Common Council and may include cost incurred prior to the Common Council's determination. The Common Council may order costs of all such police calls to the chronic nuisance premises be paid until the public nuisance is abated under paragraph (g). Such costs shall be billed to the owner by invoice sent by regular mail and if not paid within thirty (30) days of the date on the invoice, shall be charged to the property as a special charge pursuant to Wis. Stats. §66.0627.
2. Forfeitures under Section 66-1003 may be imposed for each police call for any nuisance activities occurring after the three (3) police responses that lead to the determination that the premises was a chronic nuisance premises, however, no forfeiture shall be imposed for any nuisance activity that occurred prior to the Common Council affirming the decision of the Chief of Police.
3. The Common Council may authorize any other penalty or remedy authorized by law.
(g) When nuisance is deemed abated.
The public nuisance created by a chronic nuisance premises shall be deemed abated when no police calls to the premises to address nuisance activities occurs for a period of three (3) consecutive months and the Chief of Police or his designee deems the property to be in compliance with the abatement agreement.
(h) Other methods not excluded.
Nothing in this section shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the State of Wisconsin including, but not limited to an action under Wis. Stats. Ch. 823."
Part 3:
Section 66-1004 of the Municipal Code of the City of Racine is hereby created to read as follows:
"Sec. 66-1004. Cost of abatement.
In addition to any other penalty imposed by this chapter for the erection, contrivance, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the city shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge."
Part 4:
This ordinance shall take effect upon passage and the day after publication. The provisions of this ordinance shall expire three (3) years after the date of enactment unless sooner extended by ordinance. Notwithstanding the foregoing, the ordinance shall continue to apply to any actions timely filed prior to the date of sunset.
Passed by the Common Council:
Approved:
Mayor
Attest:
City Clerk
Fiscal Note: N/A