[Added 5-13-2013 by Ord. No. 13-16]
The following terms shall be defined as follows in this article:
The Building Inspector/Zoning Administrator for the City
of Lake Geneva or his or her designee.
The Chief of Police or his or her designee.
Arrest, the issuance of a citation, or the issuance of a
written warning, or the issuance of an order to correct.
Municipal Code of the City of Lake Geneva, Wisconsin.
Any of the following activities, behaviors or conduct occurring
upon a premises:
An act of harassment, as defined in W.S.A. § 947.013.
Disorderly conduct, as defined in W.S.A. § 947.01.
Battery, substantial battery, or aggravated battery, as defined
in W.S.A. § 940.19.
Lewd and lascivious behavior, as defined in W.S.A. § 944.20.
Prostitution, as defined in W.S.A. § 944.30.
Theft, as defined in W.S.A. § 943.20.
Receiving stolen property, as defined in W.S.A. § 943.34.
Arson, as defined in W.S.A. § 943.02.
Possession, manufacture, or delivery of a controlled substance
or related offenses, as defined in W.S.A. Ch. 961.
Gambling, as defined in W.S.A. § 945.02.
Trespassing, as defined in W.S.A. §§ 943.13 and
943.14.
Obstructing or resisting an officer, as defined in W.S.A. § 946.41.
Disorderly houses, as defined in W.S.A. § 944.34.
Gambling place as defined in W.S.A. § 945.01(4).
Drug houses and criminal gang houses, as defined in W.S.A. § 823.113.
Curfew violations, as defined in MCCLG Section 50-81.
Purchase or possession of cigarette or tobacco products by children, as defined in MCCLG Section 50-41.
Damage to property defined in W.S.A. § 943.01.
Animal violations of any kind, as defined in MCCLG Chapter 10.
Fireworks, as defined in MCCLG Section 30-116.
Underage alcohol activities, as defined in MCCLG Section 90-60(c).
Any conspiracy to commit, as defined in W.S.A. § 939.31,
or attempt to commit, as defined in W.S.A. § 939.32, any
of the criminal activities, behaviors, or conduct enumerated above.
Housing code violations, as defined in MCCLG Chapter 14.
Abandoned, unlicensed or nonoperable vehicle violations, as defined in MCCLG Section 74-214.
Nuisance violations, as defined in MCCLG Chapter 46.
Zoning violations, provided that they are nuisance related and
in a residential setting, as defined in City of Lake Geneva Zoning
Ordinance Sections 98-701 through 98-730.
The owner of the premises and his or her agents.
An individual dwelling unit; any property or premises used
for residential purposes, whether or not owner-occupied; an individual
business or commercial property; and associate common areas thereof
(a)Â
Whenever the Chief determines that four or more police nuisance activities
resulting in enforcement action have occurred at a premises on separate
days during a twelve-month period, only 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. Only the Chief may
initiate and implement the procedure and enforcement for police nuisance
activities under this article.
(b)Â
Whenever the Building Inspector determines that four or more code
nuisance activities resulting in enforcement action have occurred
at a premises on separate days during a twelve-month period, only
the Building Inspector may notify the premises owner and tenant in
writing. In reaching this determination, the Building Inspector shall
not count nuisance activities resulting in enforcement actions that
were reported by the owner of the premises. Only the Building Inspector
may initiate and implement the procedure and enforcement for code
nuisance activities under this article.
(c)Â
The Chief and Building Inspector may jointly agree to initiate, implement
and enforce this article in the event that an aggregate of four 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 twelve-month period.
(d)Â
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)Â
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 Building Inspector,
as applicable, may determine appropriate under the particular facts
and circumstances.
Any owner receiving such notice shall meet with the City official,
Chief or Building Inspector, who issued the notice, or with the applicable
City official's designee, within five days of receipt of such notice.
The Chief or Building Inspector, as applicable, and owner shall review
the problems occurring upon the premises and/or property. Within 10
days of this meeting, the owner shall submit to the Chief or Building
Inspector, as applicable, or 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
60 miles of the premises who can be contacted in the event of further
police, fire, or inspection activities and/or contact.
Whenever the Chief or Building Inspector, as applicable, determines
that: additional nuisance activity and/or enforcement action has/have
occurred upon a premises for which the written notice has been issued
under this article; and this additional nuisance activity and/or enforcement
action has/have occurred more than 15 days after the written notice
was served; and reasonable effort has not been made by the owner of
the premises to abate the nuisance activity; then the Chief or Building
Inspector, as applicable, may calculate all of the costs, 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 Building Inspector, 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.
(a)Â
Appeal by affected property owner. An affected owner of the premises
may appeal the Police Chief's or Building Inspector'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
article in the manner set forth in this subsection.
(b)Â
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 90 days of the invoice from the City Clerk.
(c)Â
The appeal shall be considered only if filed prior to the time that
any unpaid special charges imposed against the premises/property under
this article are turned over by the Treasurer onto the tax roll.
(d)Â
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)Â
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 30 days nor more than 60 days after the filing
of the written appeal.
(f)Â
The Clerk shall provide written notice to the appellant and to the
Chief of Police or Building Inspector, as applicable, of such Common
Council meeting hearing date, time and place.
(g)Â
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 Subsection (c).
(h)Â
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)Â
The appellant and the Chief of Police or Building Inspector, as applicable,
may each present witnesses who testify upon oath after being duly
sworn-in by the City Clerk, the Assistant City Clerk or any other
person authorized by law to administer oaths.
[Amended 11-10-2014 by Ord. No. 14-08]
(j)Â
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)Â
The Treasurer shall adjust all invoices, tax and related City records
in accord with the Council's determination.
[Amended 11-10-2014 by Ord. No. 14-08]
In addition to the special charges and penalties for the individual
offenses 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 for violations under this article,
and may be ordered and/or imposed, as applicable, by the courts:
(a)Â
First offense. Any person who shall violate any provision of this
article or any regulation, rule or order made hereunder shall forfeit
and pay to the City not less than $100 nor more than $500, together
with the costs of prosecution.
(b)Â
Subsequent offenses. Any person who shall violate any provision of
this article or any regulation, rule, or order made hereunder within
24 months after committing a previous violation shall forfeit and
pay to the City not less than $300 nor more than $900, together with
the costs of prosecution.
(c)Â
Each and every day that a violation occurs, continues and/or remains
present constitutes a separate offense.
(d)Â
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 article and the public
good, peace, order, welfare, and/or safety.
(e)Â
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)Â
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)Â
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
article and/or the applicable state statutes.
