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2017-687 1 ORDINANCE NO. 2017-687 An Ordinance Amending Chapter 9.32 (Chronic Nuisance Premises) of the Code of General Ordinances to modify regulations for chronic nuisance properties. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: CHAPTER 9.32 CHRONIC NUISANCE PREMISES Sections: 9.32.010 Definitions. 9.32.020 Official Warning and Notice. 9.32.030 Abatement Plan. 9.32.040 Additional Nuisance Activity. 9.32.050 Appeal. 9.32.060 Violations—Penalties—Remedies—Injunctive and other relief. 9.32.010 – Definitions. The following terms shall be defined as follows in this chapter: A. Chief. The Chief of Police or his or her designee. B. Enforcement Action. Arrest, the issuance of a citation, the issuance of a written warning, issuance of a documented verbal warning, or the issuance of an order to correct. An arrest would count as an enforcement action if the original offense occurred at the premise and the arrestee is arrested later at another location. C. JGO. Janesville General Ordinance. D. Neighborhood and Community Services Director. The Neighborhood and Community Services Director or his or her designee. E. Nuisance Activity. Any of the following activities, behaviors or conduct occurring upon a premises: 1. POLICE NUISANCE ACTIVITY 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. 1 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. Homicide, as defined in SS 940.01 through SS 940.10, Wis. Stats. m. Recklessly Endangering Safety, as defined in SS 941.30, Wis. Stats. n. Prohibited Possession of a Firearm, as defined in SS 941.29, Wis. Stats. o. Carrying a Concealed Weapon, as defined in SS 941.23, Wis. Stats. p. Probation or Parole violations, as defined in SS 940.302, Wis. Stats. q. Human Trafficking, as defined in SS 940.302, Wis. Stats. r. Obstructing or resisting an officer, as defined in JGO 9.08. s. Disorderly houses, as defined in JGO 9.15. t. Gambling, as defined in JGO 9.18. u. Indecent exposure and/or public urination, as defined in JGO 9.21. v. Drug Houses and Criminal Gang Houses, Prostitution Houses and Gambling Houses, as defined in JGO 9.30. w. Disorderly conduct, as defined in JGO 9.39. x. Disturbing the peace by fighting, noise or other means, as defined in JGO 9.39. y. Curfew violations, as defined in JGO 9.50. z. Truancy, contributing to truancy, as defined in JGO 9.52. aa. Purchase or possession of cigarette or tobacco products by children, as defined in JGO 9.54. bb. Property offenses, as defined in JGO 9.66. cc. Weapons offenses, as defined in JGO 9.84. dd. Firearms offense, as defined in JGO 9.87. ee. Animal violations of any kind, as defined in JGO 6.04, 6.08, 6.12, 6.16, 6.20 and/or 6.22. ff. Fireworks, as defined in JGO 8.40. 2 gg. Underage alcohol activities, as defined in JGO 5.06. hh. Adult contributing, allowing, providing alcohol to underage persons activities, as defined in JGO 5.06 ii. 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 jj. Unsafe Burning, as defined in JGO 8.36. 2. CODE NUISANCE ACTIVITY a. Housing code violations, as defined in JGO 16.08. b. Abandoned, Unlicensed or Nonoperable vehicle violations, as defined in JGO 10.52. c. Nuisance violations, as defined in JGO 8.60. d. Zoning violations provided they are nuisance related and in a residential setting, as defined in JGO 18.24.070, 18.32.030, 18.32.070, and/or 18.36.020. F. Owner. The owner of the premises and his or her agents. G. 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. A multi-unit dwelling or complex will be considered one premise for the purposes of counting enforcement actions. This includes all individual residences and indoor and outdoor common areas associated with the multi-unit dwelling or complex. 9.32.020 — Official Warning and Notice. A. Whenever the Chief determines that two (2)) or more Police Nuisance Activities resulting in enforcement action have occurred at a premises on separate days during a 12-month period, only the Chief may notify the premises owner and tenant in writing by issuance of an Official Notice of Nuisance Activity. In reaching this determination, the Chief shall not count nuisance activities resulting in enforcement actions that were reported by the owner of the premises. Only the Chief may initiate and implement the procedure and enforcement for Police Nuisance Activities under this Chapter. B. Whenever the Neighborhood and Community Services Director determines that four (4) or more Code Nuisance Activities resulting in enforcement action have occurred at a premises on separate days during a 12-month period, only the Neighborhood and Community Services Director may notify the premises owner and tenant in writing. In reaching this determination, the Neighborhood and Community Services Director shall not count nuisance activities resulting in enforcement actions that were reported by the owner of the premises. Only the Neighborhood and Community Services Director may initiate and implement the procedure and enforcement for Code Nuisance Activities under this Chapter. 3 • C. The Chief and Neighborhood and Community Services Director may jointly agree to initiate, implement and enforce this Chapter in the event that an aggregate of four (4) or more combined Police Nuisance Activities and Code Nuisance Activities, in any combination thereof, resulting in enforcement action have occurred at a premises on separate days during a 12 month period. D. 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. E. The 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 or Neighborhood and Community Services Director, as applicable, may determine appropriate under the particular facts and circumstances. F. The Chief or Neighborhood and Community Service Director can notify the premises owner and tenant in writing by issuance of the Official Notice of Nuisance Activity without having prior issued an Official Warning of Nuisance Activity. 9.32.030 -Abatement plan. Any owner receiving an Official Notice of Nuisance Activity shall personally meet with the City Official — Chief or Neighborhood and Community Services Director -- who issued the notice, or with his/her the applicable City Official's designee, within five (5) days of receipt of such notice, or have the meeting scheduled. The Chief or Neighborhood and Community Services Director, as applicable, and person owner 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 Neighborhood and Community Services Director, as applicable, or his/her the applicable City Official's designee, a detailed written abatement plan designed to forthwith and 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. The owner of the premise shall maintain a current list of all tenants, occupants, residents, and sub lessees authorized to occupy the building or buildings on such property. The owner of the premise will provide a sample copy of their lease agreement used for the premise. The owner of the premise will maintain a detailed inspection log of the premise. Upon verbal or written request to the owner, the lease agreement, tenant list, and inspection log shall be made available to the Chief or Neighborhood and Community Services Director within 48 hours. The owner shall comply with other reasonable requests for made by the Chief or Neighborhood and Community Services Director. The abatement plan will be in effect for a 12-month period. If additional nuisance activity occurs on the premise, the abatement plan may be continued by the Chief or Neighborhood Services Director, for an additional 12- month period. 9.32.040 - Additional Nuisance Activity. Whenever the Chief or Neighborhood and Community Services Director, as applicable, determines that: 1. Additional nuisance activity and/or enforcement action has/have occurred upon a premises for which the Chief's written 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 written 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 or Neighborhood and Community Services Director, as applicable may issue a municipal ordinance citation to the owner of the premise for violation of 9.32.030 Abatement Plan Violation. 4 The Chief or Neighborhood and Community Services Director, as applicable may also 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 or Neighborhood and Community Services Director, as applicable 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 or Neighborhood Services Director's, as applicable, 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 ninety (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 or Neighborhood and Community Services Director, as applicable, 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, recording 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 or Neighborhood and Community Services Director, as applicable, 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. I. 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. 5 J. The City Clerk-Treasurer shall adjust all invoices, tax and related City records in accord with the Council's determination. 9.32.060 Violations -- Penalties -- Remedies -- Injunctive and other relief. In addition to the special charges authorized and described above, the following penalties, remedies and other relief are 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. 6 ADOPTED: August 14, 2017 Motion by: Gruber Second by: Wolfe APPROVED: Councilmember Aye Nay Pass Absent • Conley Farrell X Mark A. Freitag, City Manager Gruber X Jorgensen X ATT : Javgar‘ / Marklein X / Williams X �ijta Wolfe X Ir_vid . Godek, City Clerk-Treasurer APPROVED AS TO FORM: Cr->� J Assk City Attorney Proposed by: Neighborhood and Community Services Department Prepared by: City Manager's Office 7