2006-352
REVISED ORDINANCE NO. 2006 - 352
An ordinance regulating chronic nuisance properties with a penalty for violations thereof
a forfeitu re of not less than $100 nor more than $5,000 together with the costs of
prosecution, injunctive relief, other relief, and remedies upon default of forfeiture
payment, as set forth in proposed JGO 9.32.060.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Chapter 9.32 of the Code of General Ordinances of the City of
Janesville is hereby created to read as follows:
"CHRONIC NUISANCE PREMISES
9.32.010
9.32.020
9.32.030
9.32.040
9.32.050
9.32.060
Definitions.
Notice.
Abatement Plan.
Additional Nuisance Activity.
Appeal.
Violations -- Penalties -- Remedies -- Injunctive and other
relief.
9.32.010
chapter:
Definitions. The following terms shall be defined as follows in this
1. Chief. The Chief of Police or his or her designee.
2. Enforcement Action. Arrest, the issuance of a citation, or the issuance of a
written warning.
3. JGO. Janesville General Ordinance.
4. Nuisance Activitv. Any of the following activities, behaviors or conduct
occurring upon a premises:
a. An act of Harassment, as defined in §947.013, Wis.
Stats.
b. Disorderly Conduct, as defined in §947.01, Wis. Stats.
c. Battery, Substantial Battery, or Aggravated Battery, as
defined in §940.19, Wis. Stats.
d. Lewd and Lascivious Behavior, as defined in §944.20,
Wis. Stats.
e. Prostitution, as defined in §944.30, Wis. Stats.
f. Theft, as defined in §943.20, Wis. Stats.
g. Receiving Stolen Property, as defined in §943.34, Wis.
Stats.
h. Arson, as defined in §943.02, Wis. Stats.
I. Possession, Manufacture, or Delivery of a Controlled
Substance or related offenses, as defined in Ch. 961,
Wis. Stats.
j. Gambling, as defined in §945.02, Wis. Stats.
k. Trespassing, as defined in §943.13 and §943.14, Wis.
Stats.
I. Obstructing or resisting an officer, as defined in JGO
9.08.
m. Disorderly houses, as defined in JGO 9.15.
n. Gambling as defined in JGO 9.18.
o. Indecent exposure and/or public urination, as defined in
JGO 9.21.
p. Drug Houses and Criminal Gang Houses, Prostitution
Houses and Gambling Houses, as defined in JGO 9.30.
q. Disorderly conduct, as defined in JGO 9.39.
r. Disturbing the peace by fighting, noise or other means,
as defined in JGO 9.39.
s. Curfew violations, as defined in JGO 9.50.
t. Truancy, contributing to truancy, as defined in JGO 9.52.
u. Purchase or possession of cigarette or tobacco products
by children, as defined in JGO 9.54.
v. Property offenses, as defined in JGO 9.66.
w. Weapons offenses, as defined in JGO 9.84.
x. Firearms offense, as defined in JGO 9.87.
y. Animal violations of any kind, as defined in JGO 6.04,
6.08, 6.12, 6.16, 6.20 and/or 6.22.
z. Fireworks, as defined in JGO 8.40.
aa.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 criminal activities, behaviors, or conduct
enumerated above; and/or conspiracy to commit, aiding,
abetting, causing, allowing, permitting, suffering, or
concealing the fact of such ordinance violation act or
omission, as defined in JGO 1.04.040
~ Owner. The owner of the premises and his or her agents.
'"I
6. Premises. An individual dwelling unit; any property or premises used for
residential purposes whether or not owner occupied; an individual business or
commercial property; and associated common areas thereof.
9.32.020 Notice. A. Whenever the Chief determines that
four (4) or more nuisance activities resulting in enforcement action have occurred at a
premises on separate days during a 12-month period, the Chief may notify the premises
owner and tenant in writing. In reaching this determination, the Chief shall not count
nuisance activities resulting in enforcement actions that were reported by the owner of
the premises.
B. The notice shall contain the street address including unit number if
applicable or legal description sufficient to identify the premises, a description of the
nuisance activities and enforcement actions 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.
C. The Chief's written notice shall be delivered to the owner of the premises
by one of the following methods in descending order of preference: personal service,
certified mail, first class mail, posting and/or publication, such other means as provided
by law for service of process in a civil action, in that order, as the Chief may determine
appropriate under the particular facts and circumstances.
9.32.030 Abatement plan. Any owner receiving such notice shall
personally meet with the Chief, or his/her designee, within five (5) days of receipt of
such notice. The Chief and person shall review the problems occurring upon the
premises and/or property. Within ten (10) days of this meeting, the owner shall submit
to the Chief, or his/her designee, a written abatement plan designed to effectively end
all the nuisance activity upon the premises. The plan shall also specify a name,
address, and telephone number of a person living within sixty (60) miles of the premises
who can be contacted in the event of further police, fire, or inspection activities and/or
contact.
9.32.040
Additional nuisance activity.
Whenever the Chief determines
that:
1. Additional nuisance activity and/or enforcement action has/have occurred
upon a premises for which the Chief's notice has been issued under this Chapter; and
2. This additional nuisance activity and/or enforcement action has/have
occurred more than fifteen (15) days after the Chief's notice was served; and
3. Reasonable effort has not been made by the owner of the premises to
abate the nuisance activity;
then the Chief may calculate all of the cost, fees and expenses arising from and/or
pertaining to any and all such police and related City responses and enforcement
including, but not limited to, actual burdened labor, overtime, materials, vehicle use, and
related administrative time and efforts for this and any subsequent nuisance activities
and enforcement actions upon, for and/or pertaining to the premises. The Chief shall
then cause all such costs, fees and expenses to be charged against the owner of the
premises and the premises itself, and if unpaid, charged, assessed, levied and collected
by the City as a special charge against the premises/property.
9.32.050
Appeal.
A. Appeal by Affected Property Owner. An affected owner of the
premises may appeal the Police Chief's determination and invoiced special charges
arising from and imposed for the police and related costs, fees and expenses set forth
in this Ordinance in the manner set forth in this subsection.
B. The appeal shall be in writing, filed with the City Clerk, stating with
specificity the grounds for the appeal and the relief requested. The appeal shall be filed
within 90 days of the invoice from the City Clerk.
C. The appeal shall be considered only if filed prior to the time that any
unpaid special charges imposed against the premises/property under this chapter are
turned over by the treasurer onto the tax roll.
D. Chapter 68 of the Wisconsin Statutes shall not apply to such an appeal
nor shall any other provision of state law or city ordinance to the contrary. The
appellate procedure set forth herein shall govern and be exclusive.
E. Upon receipt of the written appeal, the Clerk shall set the matter for a
public hearing for a regularly scheduled meeting of the Common Council not less than
thirty (30) days nor more than sixty (60) days after the filing of the written appeal.
F. The Clerk shall provide written notice to the appellant and to the Chief of
Police of such Common Council meeting hearing date, time and place.
G. The parties may agree to continuances and stipulations as to procedure
and substance, but in no event shall the hearing be continued beyond the time set forth
in subparagraph C.
H. The hearing shall be open to the public, recorded by a sound recording
device and the recording preserved for seven years by the City Clerk. A party may
request a court reporter but the requesting party shall pay all costs of the court reporter
in advance regardless of the determination of the appeal.
I. The appellant and the Chief of Police may each present witnesses who
testify upon oath after being duly sworn-in by the City Clerk, the Deputy City Clerk or
any other person authorized by law to administer oaths.
J. After the hearing, the Common Council in open session shall deliberate
and then make a determination by recorded motion, second and vote with a majority of
Council Members voting governing.
K. The City Clerk-Treasurer shall adjust all invoices, tax and related City
records in accord with the Council's determination.
9.30.060 Violations -- Penalties -- Remedies -- Injunctive and other relief. In
addition to the special charges authorized and described above, the following penalties,
remedies and other cumulative and not exclusive, may be jointly and severally sought
and/or employed by the City, and may be ordered and/or imposed, as applicable, by the
courts:
A. First Offense. Any person who shall violate any provision of this
chapter or any regulation, rule, or order made hereunder shall forfeit and pay to the City
not less than $100 nor more than $1,000, together with the costs of prosecution.
B. Subsequent Offenses. Any person who shall violate any provision of
this chapter or any regulation, rule, or order made hereunder within twenty four (24)
months after committing a previous violation shall forfeit and pay to the City not less
than $200 nor more than $5,000, together with the costs of prosecution.
C. Each and every day that a violation occurs, continues and/or remains
present constitutes a separate offense.
D. The City, in addition to the above monetary penalty(ies) and special
charges may from time to time seek and obtain, and the court may order, temporary
and/or permanent injunctive relief, abatement, and such other legal and/or equitable
relief, remedies, judgments, and/or orders of the court against any person(s) and/or
property(ies) as the court may, from time to time, deem necessary, appropriate and/or
desirable to effectuate the intent of this chapter and the public good, peace, order,
welfare, and/or safety.
E. In addition to the above penalties, relief and remedies, the Common
Council may refuse to issue or not-renew any license or permit to the owner of the
premises and/or the premises, after conducting a public hearing thereon.
F. It shall be the responsibility of the convicted person(s) to immediately
abate each and every violation upon the premises property as expeditiously as possible,
unless otherwise directed by the City or the court.
G. This chapter is cumulative in its legal affect and is not in lieu of any and all
other legal and equitable remedies under City ordinances, state statutes, state
administrative codes, and common law, including, but not limited to, forfeiture of the
property to the City under this chapter and/or the applicable state statutes."
ADOPTED:
December 11, 2006
Motion by: DeGarmo
Second by: Wellnitz, Tom
Councilmember Aye Nay Pass Absent
Brien X
Wellnitz, Tom X
Williams X
Brunner X
Wellnitz, Tim X
DeGarmo X
Addie X
APPROVED:
~C~
Steven E. Sheiffer, City Manag ~
ATTEST:
) '-/l-J fo(;,
APPROVED AS TO FORM:
11::1/ ):};zL
City Attorne .
Proposed by: Police Chief
Prepared by: Police Chief and City Attorney
J:\Attorney\Word\City Attorney\Ord Draft\Chronic Nuisance Premises REVISED.doc