The following terms shall be defined as follows in this article:
BUILDING INSPECTOR
The Building Inspector/Zoning Administrator for the City
of Lake Geneva or his or her designee.
CHIEF
The Chief of Police or his or her designee.
ENFORCEMENT ACTION
Arrest, the issuance of a citation, or the issuance of a
written warning, or the issuance of an order to correct.
MCCLG
Municipal Code of the City of Lake Geneva, Wisconsin.
NUISANCE ACTIVITY
Any of the following activities, behaviors or conduct occurring
upon a premises:
(1)
a.
An act of harassment, as defined in W.S.A. § 947.013.
b.
Disorderly conduct, as defined in W.S.A. § 947.01.
c.
Battery, substantial battery, or aggravated battery, as defined
in W.S.A. § 940.19.
d.
Lewd and lascivious behavior, as defined in W.S.A. § 944.20.
e.
Prostitution, as defined in W.S.A. § 944.30.
f.
Theft, as defined in W.S.A. § 943.20.
g.
Receiving stolen property, as defined in W.S.A. § 943.34.
h.
Arson, as defined in W.S.A. § 943.02.
i.
Possession, manufacture, or delivery of a controlled substance
or related offenses, as defined in W.S.A. Ch. 961.
j.
Gambling, as defined in W.S.A. § 945.02.
k.
Trespassing, as defined in W.S.A. §§ 943.13 and
943.14.
l.
Obstructing or resisting an officer, as defined in W.S.A. § 946.41.
m.
Disorderly houses, as defined in W.S.A. § 944.34.
n.
Gambling place as defined in W.S.A. § 945.01(4).
o.
Drug houses and criminal gang houses, as defined in W.S.A. § 823.113.
p.
Curfew violations, as defined in MCCLG Section
50-81.
q.
Truancy, contributing to truancy, as defined in MCCLG Sections
50-56 and
50-59.
r.
Purchase or possession of cigarette or tobacco products by children, as defined in MCCLG Section
50-41.
s.
Damage to property defined in W.S.A. § 943.01.
t.
Weapons offenses, as defined in MCCLG Section
50-3 and
50-4.
u.
Animal violations of any kind, as defined in MCCLG Chapter
10.
v.
Fireworks, as defined in MCCLG Section
30-116.
w.
Underage alcohol activities, as defined in MCCLG Section 90-60(c).
x.
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.
(2)
a.
Housing code violations, as defined in MCCLG Chapter
14.
b.
Abandoned, unlicensed or nonoperable vehicle violations, as defined in MCCLG Section
74-214.
c.
Nuisance violations, as defined in MCCLG Chapter
46.
d.
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.
OWNER
The owner of the premises and his or her agents.
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 associate common areas thereof
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.
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) 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) 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) 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 article 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
article and/or the applicable state statutes.