[Adopted 2-10-2009 by Ord. No. 09-01]
A.
It is the purpose of this article to assure that rental housing in
the Village of Osceola is secure, safe, and sanitary and is so operated
and maintained as not to become a nuisance to the neighborhood or
to become an influence that fosters blight and deterioration or creates
a disincentive to reinvestment in the community. The operation of
rental residential properties is a business enterprise that entails
certain responsibilities. Operators are responsible to take such reasonable
steps as are necessary to assure that the citizens of the Village
who occupy such units may pursue the quiet enjoyment of the normal
activities of life in surroundings that are safe, secure and sanitary;
free from crimes and criminal activity, noise, nuisances or annoyances;
free from reasonable fears about safety of persons and security of
property; and suitable for raising children.
B.
Additionally, the Village has a need to communicate with the owner(s)
of rental properties in the Village from time to time to abate public
safety issues, nuisance complaints, or otherwise communicate information
to the property owner and occupants concerning the status of the home
or neighborhood, and to effectively conduct this communication, the
Village finds it necessary to know who owns, occupies, and manages
residential rental properties in the Village.
C.
It is the intent of this article to establish uniform standards that
are applicable to all rental dwellings in the Village. This article
does not apply to the portion of a rental dwelling that is occupied
by the owner. This article is being adopted under the powers granted
to the Village under § 61.34, Wis. Stats.
As used in this article, the following terms shall have the
meanings indicated:
A person designated by the owner of a rental property to
act on behalf of the owner.
This term shall include both applicants for licenses under
this article together with all persons who have been granted licenses
by the Village.
Any building which contains separate living facilities, including
provisions for sleeping, eating, cooking and sanitation, that is located
within the Village.
Another phrase meaning rental dwelling.
The premises' owner, operator, manager, resident, occupant,
guest or visitor.
A person, persons, firm, partnership, corporation, limited
liability company, or any other entity holding a property interest
to the subject real property. If more than one person or entity owns
the subject real property, "property owner" refers to each person
or entity holding any portion of the ownership interest in the property,
and the property owners' obligations in this chapter are joint
and several as to each property.
A building, or portion thereof, which is designed, used,
or intended to contain rental dwelling unit(s).
Any dwelling unit which is offered for rent, lease or hire
or which is rented, leased or hired. A dwelling unit shall be deemed
rented upon a property owner advertising the availability of the home
for rent, lease, or hire. The definition shall not apply to hotels,
motels, or other businesses providing lodging for less than 30 days
in succession at one time.
A tax parcel on which a rental building(s) or rental dwelling
unit(s) is located.
The Village of Osceola, Polk County, Wisconsin.
The duly appointed or authorized officer or employee of the
Village filling said position or his or her designee.
No property owner shall allow units in a rental building for
which a rental license has not been granted by the Village to be rented
or leased by or occupied by another person for purposes of human occupancy
as his or her domicile.
A.
Application for license.
(1)
Applications for a rental license shall be made in writing to the
Village Clerk by the owner of the rental property or his/her designated
agent. At the time of application, the Village Clerk shall provide
the applicant with a copy of this article. Prior to issuance or renewal
of a rental license, the owner shall submit a completed application
to the Village Clerk.
(b)
Before any license required by this article shall be issued
or renewed, the owner shall submit the following information on forms
provided by the Village:
[1]
Name, address and phone number of the property owner.
[2]
Name, address and phone number of the property manager if different
from the property owner.
[3]
Name, address and phone number of the designated agent.
[4]
The street address and property identification number of the
property.
[5]
Description of the number of units and number of bedrooms in
each unit offered for rent.
[6]
An acknowledgment that the owner or designated agent has received
a copy of this article.
(2)
It shall be the responsibility of each applicant to supply to the
Village Clerk a correct mailing address for notices under this chapter
and to supply a change of address to the Village within 10 days of
any such change. Notices shall be mailed by first-class mail to the
address provided by the applicant whose duty it remains at all times
to correct the records of the Village should the applicant change
its address.
(3)
The Village Clerk shall not issue or renew a rental license to any
rental property owner who at the time of his or her application has
any outstanding financial obligations to the Village which remain
in whole or in part unpaid as of the time of filing of the application.
Obligations subject to this limitation shall include those which are
in the name of the property owner, whether or not associated with
the management of the rental property in question or which pertain
to the rental property itself. Until all such obligations, together
with applicable interest and penalties, have been paid to the Village,
the Village Clerk shall withhold the granting or renewal of all licenses
under this chapter to the applicant.
(4)
Any outstanding public safety, life safety, or nuisance code violations
involving the rental property may be cause to withhold the issuance
of a license.
(5)
The license fee shall be due and payable to the Village of Osceola,
by January 31, commencing January 1, 2009, and shall be for a three-year
period. In addition, a license shall be required within 30 days from
the time that a dwelling unit becomes a rental dwelling unit. If the
required fee is not paid in either of the required times as set forth
above, a late payment fee of $50 will be assessed.
C.
Provisional licenses. Rental properties on which an individual dwelling
unit has generated two or more police or fire calls during the one-year
period immediately preceding the date an application is filed, either
for initial or renewal licensing, shall be subject to being processed
for a provisional license. The Village Clerk shall, at the time an
application is submitted for processing, make inquiry of the Police
Chief and Fire Chief to determine whether or not to treat a property
owner's application as one for provisional licensing. This shall
apply both with respect to rental properties which have been previously
licensed, those which are currently licensed and those which are being
converted to a rental property.
(1)
Police and fire calls that are counted in determining whether a provisional
license is required include the following types of calls or events:
(b)
Calls or events categorized as Part One crimes in the Uniform
Crime Reporting System, including homicide, rape, robbery, aggravated
assault, burglary, theft, auto theft and arson;
(c)
Calls or events categorized by the Police Department as miscellaneous
juvenile status crimes, liquor offenses or curfew violations; disturbing
the peace or harassing communications; property damage; criminal damage
to property or trespass; fire alarms as designated by the Fire Chief;
public disturbance or nuisance activity; loud party or noise complaints;
disorderly juveniles; assault in the fifth degree or non-domestic-related
assaults. The Chief of Police will maintain for public inspection
a description of the coding system and a list of the codes and crimes
included within each of these categories of calls or events;
(d)
The Chief of Police has the discretion to count multiple incidents
as a single call and to exclude certain incidents in appropriate cases.
(2)
Calls will not be counted for purposes of determining whether a provisional
license is required where the victim and suspect are "family or household
members" as defined in § 968.075, Wis. Stats., and where
there is a report of "domestic abuse" as defined in the § 813.12,
Wis. Stats. (violation of court orders).
(3)
The Police Chief will provide by mail to each provisional licensee a monthly report of calls described in Subsection C(1)(a) above.
(4)
A provisional licensee will be eligible to apply for a regular license
after police and fire calls are reduced to the level that qualifies
for a regular license and have been maintained at that level for at
least 12 consecutive months.
D.
Mitigation plan.
(1)
The applicant for a provisional license must submit for Board review a mitigation plan for the license period. The mitigation plan must describe steps proposed by the applicant to reduce the number of police and fire calls described in § 172-37A, to a level that qualifies for a regular license. The mitigation plan may include, but is not limited to, such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, and provision of security personnel.
(2)
The application with a proposed mitigation plan will be presented
to the Village Clerk together with a recommendation by the Police
Chief as to the disposition of the plan. Upon receipt, the application
shall be scheduled for review by the Village Board. After giving the
applicant an opportunity to be heard and present evidence, the Board
will approve, disapprove, or approve with conditions the application
and the mitigation plan. If the Board disapproves an application and
mitigation plan or approves it with conditions, it will state its
reasons for so doing in writing.
(3)
The licensee must comply with the mitigation plan as approved or
modified by the Board. No later than the 10th day after each calendar
month, the licensee will mail or deliver to the Police Chief a written
report describing all steps taken in furtherance of the mitigation
plan during the preceding month.
E.
Agent required. Any rental property owner who does not live in the
state or, if the owner is other than a natural person, which entity
does not maintain a place of business in the state shall appoint a
natural person as agent who resides in Wisconsin, preferably within
Polk County, Wisconsin, upon whom notices may be served pertaining
to the administration of this article or any other provisions of the
Village Code pertaining to the licensed rental dwelling. It is not
sufficient for purposes of meeting the requirement that a corporation
have an office in this state that it has designated a registered agent
for purposes of service of process upon it. Agents designated under
this requirement shall have the ability to personally inspect the
dwelling and attend to solving any problems brought to his or her
attention by the Village.
F.
Initial license issuance. Upon the adoption of this article with respect to all rental dwellings for which license applications have been submitted prior to March 31, 2009, the Village Clerk shall provide a rental license to all rental property owners whose rental dwelling units were previously inspected and for which any violations have been cured by December 31, 2008, and to all rental property owners whose rental dwelling units have not been inspected. All rental property owners whose rental dwelling units were previously inspected and for which any violations are still outstanding at December 31, 2008, shall be issued provisional licenses. Additionally, those rental properties that have previously been declared a nuisance property pursuant to Village Code § 160-9 shall be issued provisional licenses. Regular licenses shall be issued to all other rental property owners. All licenses will be issued upon receipt of a properly executed application for licensing and receipt of the appropriate fee.
G.
License terms; method of renewal.
(1)
Phase-in of renewal. Renewal applications for rental properties licensed
as of the effective date of this article shall be processed in accordance
with the following provisions:
(a)
Properties which have had an inspection and been found in compliance
or have corrected all violations by the initial due date will not
need reinspection in order to be eligible for their first license
renewal.
(b)
Licenses issued for properties last inspected before December
31, 2007, and where violations were not corrected by the initial due
date shall expire on and require a new inspection before December
31, 2010.
(2)
Each new (nonrenewal) license issued pursuant to this section, and
each renewal license issued after the phase-in period, shall expire
on the December 31 in the third year following the year of issuance.
The Village Clerk shall mail renewal applications for license to the
rental property owner or the designated agent on or before November
1 of the year the license expires. Failure to receive a renewal application
for license from the Village Clerk shall not excuse the owner from
meeting the license requirements.
(3)
The license period shall commence on January 1. A rental license
shall be issued for a period of three years.
H.
Transfer of license. A rental license is transferable to any person
who has actually acquired legal ownership of a licensed building for
the unexpired portion of the term for which it was issued or reissued,
provided that the application to transfer such registration is filed
with the Village within 30 days of closing and the transferee is not
disqualified from holding a license due to prior revocation or suspension
of a rental license or because of nonpayment of financial obligations
to the Village. Additionally, in order for a property to be eligible
for a license transfer, all fees, charges, interest, and penalties
outstanding against the property shall be paid to the Village prior
to approval of a license transfer. Each rental license shall terminate
the day following closing of a rental property transfer upon either
of the following events:
I.
License suspension, revocation, denial and nonrenewal.
(1)
The Village Board may revoke, suspend, deny or decline to renew any
license issued under this article upon the following grounds:
(2)
No action will be taken by the Village Board to revoke, suspend,
deny, or not renew a rental license without holding a public hearing
upon written notice which is sent to the property owner and affected
tenants a minimum of 10 days prior to the hearing.
(3)
The Board shall give due regard to the frequency and seriousness
of the violations, the ease with which such violations could have
been cured or avoided and good faith efforts to comply and shall issue
a decision to deny, not renew, suspend or revoke a license only upon
written findings.
(4)
The Board may suspend, revoke, deny or not renew a license for part
or all of a rental property.
(5)
Upon a decision to revoke, suspend, deny or not renew a license,
no new application for the same facility will be accepted for a period
of time specified in the Board's written decision, not exceeding
one year. Such new applications shall be accompanied by a reinstatement
fee as required by this article.
(6)
A written decision to revoke, suspend, deny or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be re-let or occupied. Revocation, suspension, denial or nonrenewal of a license shall not excuse the owner from compliance with all terms of this article for as long as any units in the facility are occupied. Failure to comply with all terms of this article during the term of revocation, suspension, denial or nonrenewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of nonrenewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation, denial or nonrenewal specified in the Village Board's written decision or in Subsection D of this section.
J.
Obligations of licensee.
(1)
Report changes in ownership. The licensee must report to the Village Clerk any changes in the identity of the owner, including a change in the majority shareholder or shareholders and officers in the case of corporations. The licensee must report a change in ownership at least 30 days before closing. Barring full compliance with § 172-36H, above, a license issued under this article shall not be transferred to the new owner of the rental property.
(2)
Display. Licenses issued under this subsection must be displayed
on the premises of the rental property and produced upon demand of
a prospective tenant or officer of the Village of Osceola.
(3)
Tenant register. The licensee must, as a continuing obligation of
its license, maintain a current register of tenants and other persons
who have a lawful right to occupancy the rental units. In its application,
the licensee must designate the person or persons who will have possession
of the register.
A.
Nuisance activity.
(1)
The Village Board finds that any rental dwelling unit which has generated
two or more nuisance calls within a twelve-month period to the fire
or police departments has received more than the level of general
and adequate police and fire services and places an undue pressure
and inappropriate burden upon the taxpayers of the Village. The Village
Board further finds that owner(s) of rental properties who chronically
fail to control the use of their properties substantially interfere
with the comfortable enjoyment of life, health and safety of the community.
The Village Board therefore directs the Chief of Police to charge
owners of such properties with the costs of abating nuisance violations
at their rental properties at which such nuisance activities chronically
occur and, in appropriate cases, to process revocation or suspension
of or alteration of a license to provisional status.
(2)
For purposes of this section, "nuisance activity" includes the following
activities, behavior or conduct whenever engaged in by a person on
the rental property:
(a)
Violation of laws relating to the possession of controlled substances as defined in § 961, Wis. Stats., and/or § 168-1 of this Code.
(b)
Violation of § 947.01 (disorderly conduct), Wis. Stats., and § 168-6 of this code (public nuisances).
(c)
The unlawful sale of intoxicating liquor or 3.2% malt liquor.
(e)
Violation of laws relating to prostitution as defined in § 944, Wis. Stats., or § 160-4 of this Code.
(f)
Unlawful use or possession of a firearm or weapon in violation of § 941.20, Wis. Stats., or § 168-2 of this Code.
(g)
Violation of § 946.41, Wis. Stats., or § 168-1 of this Code, (interference with a peace officer).
(i)
Indecent exposure.
(j)
Theft.
(k)
Crimes of violence described in § 940, Wis. Stats.
(l)
Crimes involving illegal possession of firearms as defined in
§§ 941.23, 941.26, 941.28, 941.29 and 948.60, Wis.
Stats.
(m)
Gambling as defined in § 945.02, Wis. Stats.
(n)
The production or creation of excessive noise.
(o)
The sale, offering for sale, bartering or giving away of any
intoxicating liquors or fermented malt beverages under circumstances
in which a license is required under § 125, Wis. Stats.
(p)
Battery, or substantial or aggravated battery, as defined in
§ 940.19, Wis. Stats.
(q)
The selling or giving away of tobacco products to persons under
the age of 18 years.
(r)
The owning, keeping, having or harboring of any animal or bird
which causes a disturbance of the peace.
(s)
Misuse of emergency telephone numbers.
(t)
An act of harassment as defined at § 947.013, Wis.
Stats.
(u)
Possession, manufacture or delivery of a controlled substance
or related offenses as defined in § 961, Wis. Stats.
B.
Enforcement and administration.
(1)
The Police Chief is responsible for enforcement and administration
of this section. The Police Chief may delegate authority to take any
action authorized under this section.
(2)
Upon determination by the Police Chief that a nuisance activity, as described in Subsection B(1), has occurred on a licensed rental property, the Police Chief will give notice to the licensee of the violation and direct the licensee to take steps to prevent further violations.
(3)
If a second instance of nuisance activity of the licensed rental property occurs within three months of an incident for which a notice in Subsection B(2) was given, the Police Chief will notify the licensee of the violation and will require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further nuisance activity of the premises. This written report must be submitted to the Police Chief within five days of receipt of the notice of nuisance activity of the premises and must detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three months.
(4)
If a third instance of nuisance activity of the licensed rental property
occurs within three months after any two previous instances of nuisance
activity for which notices were given to the licensee pursuant to
this subsection, the rental license for the properties may be denied,
revoked, suspended or not renewed. The Police Chief will initiate
an action to deny, revoke, suspend, or not renew a license under this
section. The Police Chief will give written notice to the licensee
of a hearing before the Village Board to consider such denial, revocation,
suspension or nonrenewal. Such written notice will specify all violations
of this section and state the date, time, place and purpose of the
hearing. The hearing will be held no less than 10 days and no more
than 30 days after giving such notice. Following the hearing, the
Village Board may deny, revoke, suspend or decline to renew the license
for all or any part or parts of the licensed premises or may grant
a license upon such terms and conditions as it deems necessary to
accomplish the purposes of this section.
(5)
Provisional license status after third instance of disorderly use.
(a)
After a third instance of disorderly use of the licensed rental property as defined in Subsection B(4), the Police Chief may place the rental property license into provisional license status under § 172-36C. A licensee may request the Police Chief to reconsider the determination to place the license into provisional status if the licensee disputes the occurrence of a third instance of disorderly use of the licensed property. A request for reconsideration must be submitted in writing to the Police Chief within 10 days after the licensee has received notice that the license will be placed into provisional status.
(b)
In addition to or in lieu of seeking to revoke, suspend or nonrenew a license, the Police Chief shall assess against the property all costs of responding to the third and any additional instances of nuisance activity on the rental property within a twelve-month period of time after the first instance of nuisance activity to which the Village responded. Notice of such assessment shall be provided to the owner and shall be referred to the Village Clerk for collection purposes in accord with § 160-12.
(6)
If a licensee brings an eviction action against a resident as a result
of nuisance activity as defined in this section, and the licensee
does not prevail in the eviction action, the instance of nuisance
activity will be excluded by the Police Chief for enforcement purposes
under this subsection.
(7)
For purposes of this subsection, second and third instances of disorderly
use will be those which:
No licensee shall evict, threaten to evict, or take any other
punitive action against any tenant who, by reason of good faith, calls
Village officials related to public safety or property maintenance
concerns. This section shall not prohibit the eviction of tenants
from a rental dwelling for unlawful conduct of a tenant or invitee
for violations of any rules, regulations, or lease terms other than
a prohibition against contacting Village officials.
When the conduct of any license holder or its agent, representative, employee or lessee or the condition of its dwelling is detrimental to the public health, safety and general welfare as to constitute a public nuisance under Chapter 160 of the Village Code, the Police Department or other persons designated by the Village Board shall have the authority to take any enforcement actions provided by that chapter along with summarily condemning or posting for no occupancy such area of the rental dwelling.
If any section, subsection, sentence, clause or phrase of this
article is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this article.
Any person violating any provision of this article or any order,
rule, or regulation made hereunder shall be subject to a minimum forfeiture
of $500 for each offense.
