[Ord. 6583, 9/4/2001]
The Common Council of the City of West Allis finds that public
nuisances exist in the City of West Allis in the operation of certain
establishments and the use or alteration of property in violation
of the building code, fire code, zoning code, and public health, safety,
morality and general welfare laws and ordinances, all of which interfere
with the interest of the public in the quality of life and total community
environment, the tone of commerce in the City, property values and
the public health, safety, morals, and welfare; the Common Council
further finds that the continued occurrence of such activities and
violations is detrimental to the health, safety, morals, and welfare
of the people of the City of West Allis and of the businesses thereof
and visitors thereto. It is the purpose of the Common Council to create
one standardized procedure for securing legal and equitable remedies
relating to the subject matter encompassed by this chapter, without
prejudice to the use of or procedures available under existing and
subsequently enacted ordinances, and to strengthen existing ordinances
on the subject.
[Ord. O 2005-0008, 2/1/2005]
The Common Council finds that any premises that has generated
three (3) or more calls for service for nuisance activities within
a sixty (60) day period has received more than the level of general
and adequate service and has placed an undue and inappropriate burden
on the taxpayers of the City. The Common Council therefore directs
the Police Chief, Fire Chief, Health Commissioner, Forester, Weed
Commissioner, Building Inspector, the Director of Public Works and
the City Attorney or their designees, as provided in this section,
to charge the owners of such premises the costs associated with abating
the violations at the premises at which nuisance activities chronically
occur.
No person shall erect, cause, continue, maintain, or permit
to exist any public nuisance within the City.
A "public nuisance" is a thing, act, occupation, condition,
or use of property which continues for such length of time as to:
(1)
Substantially annoy, injure or endanger the comfort, health, repose,
or safety of the public.
(2)
In any way render the public insecure in life or in the use and enjoyment
of property.
(3)
Greatly offend the public morals or decency.
(4)
Unlawfully and substantially interfere with, obstruct or tend to
obstruct or render dangerous for passage any street, alley, highway,
or other public way or the use of public property.
The following acts, omissions, places, conditions, and things
are specifically declared to be public nuisances, but such enumeration
shall not be construed to exclude other nuisances:
(1)
Nuisances Affecting Health, Welfare, and Enjoyment of Property.
(a)
Noxious Odors, Etc. Any use of property, substances, or things
within the City emitting or causing any foul, offensive, noisome,
noxious or disagreeable odors, gases, effluvia, or stenches extremely
repulsive to the physical senses of ordinary persons which annoy,
discomfort, injure, or inconvenience the health of any appreciable
number of persons within the City.
(b)
Street Pollution. Any use of property which causes any noxious
or unwholesome liquid or substance or any dirt, mud, sand, gravel,
stone, or other materials to flow into or be deposited upon any street,
gutter, alley, sidewalk, or public place within the City.
(c)
Release of Dust Into the Air. The handling, transportation,
or disposition of any substance or material which is likely to be
scattered by the air or wind, or is susceptible to being airborne
or wind-borne, or operating or maintaining or causing to be operated
or maintained any premises, open area, right-of-way, storage pile
of materials, vehicle, construction, demolition or wrecking operations,
stone or concrete crushing operation, or any other enterprise, which
involves any dust likely to be scattered by the wind or air, or susceptible
to being wind-borne or airborne such that there is a discharge of
any dust emissions and the visible settlement of dust on property
beyond the property on which it originated so as to damage or to interfere
with the use and enjoyment of adjacent properties, including public
property and right-of-way.
1.
"Dust" shall mean solid particulate matter released into or
carried in the air by natural forces, by any combustion, construction
work, or mechanical or industrial processes or devices.
2.
"Interfere with the use of adjacent properties" includes, but
is not limited to, requiring the owner, occupants, or users of the
adjacent property to close doors or windows on buildings or vehicles
to prevent dust from entering, requiring the owner or user of vehicles
or other tangible personal property to wipe, brush, wash, or blow
off accumulated dust prior to normal operation or use, or requiring
the sweeping, washing, or other cleaning of paved surfaces to prevent
further tracking or scattering of the dust.
(d)
General Pollution. Waste which is prepared or stored on any
premises in a manner which creates or may create a public health hazard,
safety hazard or blighting condition.
(2)
Nuisances Affecting Morals and Decency.
[Ord. O-2005-0008, 2/1/2005]
(a)
For the purposes of this section, "nuisance activity" means
any of the following activities, behaviors or conduct whenever engaged
in by premises owners, operators, occupants or persons associated
with the premises:
1.
Disorderly Houses. All disorderly houses, gambling houses and
buildings or structures kept or resorted to for the purpose of gambling,
or any drug or criminal gang houses as defined in sec. 823.113, (1)
and (1)(b) Wis. Stats., and all buildings or structures where the
sale, manufacture or delivery of drug paraphernalia as defined in
sec. 961.571(1)(a), Wis. Stats., occurs.
2.
Gambling Devices. The keeping of gambling devices as defined
in Section 9.08(1)(e) of the Revised Municipal Code.
3.
Unlicensed Sale of Liquor and Beer. All places where intoxicating
liquor or fermented malt beverages are sold, possessed, stored, brewed,
bottled, manufactured or rectified without a permit or license as
provided by the ordinances of the City.
4.
Continuous Violation of City Ordinances. Any place or premises
within the City where City ordinances or state laws relating to public
health, safety, peace, morals or welfare are repeatedly violated.
5.
Illegal Drinking. Any place or premises resorted to for the
purpose of drinking intoxicating liquor or fermented malt beverages
in violation of state laws.
6.
Establishment Violating Laws Related to Obscenity, Etc. Any
place or premises within the City where the laws related to obscenity
and related offenses set forth in secs. 944.20 to 944.34 of the Wisconsin
Statutes occur.
7.
An act of harassment as defined in sec. 947.013, Wis. Stats.
8.
Disorderly conduct as defined in sec. 947.01, Wis. Stats.
9.
Battery, substantial battery or aggravated battery as defined
in sec. 940.19, Wis. Stats.
10.
Littering of premises as defined in Section 7.05 of the West
All is Revised Municipal Code.
11.
Theft as defined in sec. 943.20, Wis. Stats.
12.
Arson as defined in sec. 943.02, Wis. Stats.
13.
Possession, manufacture or delivery of a controlled substance
or related offenses as defined in Chapter 961, Wis. Stats.
14.
Gambling as defined in sec. 945.02, Wis. Stats.
15.
Keeping an animal in violation of Section 7.12 of the West Allis
Revised Municipal Code.
[Ord. O-2007-0041, 10/16/2007]
16.
Trespass to land as defined in sec. 943.13, Wis. Stats., or
criminal trespass to dwelling as defined in sec. 943.14, Wis. Stats.
17.
Any conspiracy to commit, as defined in Section 6.02(5) of the
West Allis Revised Municipal Code or sec. 939.31, Wis. Stats., or
attempt to commit, as defined in sec. 939.32, Wis. Stats., any of
the activities, behaviors or conduct enumerated in Paragraphs (1)
to (16).
18.
Discharge of a firearm or air rifle as defined in Section 6.01(1)
and (2) of the West Allis Revised Municipal Code.
19.
Loitering as defined in Section 6.02(9) of the West Allis Revised
Municipal Code.
20.
Persons associated "with" means any person who, whenever engaged
in nuisance activity, enters, patronizes, visits or attempts to enter,
patronize or visit, or wishes to enter, patronize or visit, a premises
or person present on the premises, including any officer, director,
customer, agent, employee or independent contractor of a premises
owner.
(3)
Nuisances Affecting Peace and Safety.
(a)
Dangerous Signs and Billboards. All signs, billboards, awnings,
and other similar structures over or near streets, sidewalks, public
grounds, or places frequented by the public, so situated, constructed,
or maintained as to endanger the public safety.
(b)
Illegal Buildings. All buildings erected, repaired, altered,
or maintained without a permit or in violation of City ordinances
relating to materials and manner of construction of buildings.
(c)
Unauthorized Traffic Signs. All unauthorized signs, signals,
markings, or devices placed or maintained upon or in view of any public
highway or railway crossing which purport to be or may be mistaken
as official traffic control devices or railroad signs or signals or
which, because of their color, location, brilliance, or manner of
operation, interfere with the effectiveness of any such device, sign,
or signal.
(d)
Obstruction of Intersections. All trees, hedges, billboards,
or other obstructions which prevent persons driving vehicles on public
streets, alleys, or highways from obtaining a clear view of traffic
when approaching an intersection or pedestrian crosswalk.
(e)
Low-Hanging Tree Limbs. All limbs of trees, bushes, shrubs,
or other plants which project over or into any public sidewalk, street,
or other public place and interfere with the full use and enjoyment
thereof.
(f)
Dangerous Trees. All trees which are a menace to public safety
because of disease or other condition of the tree or are the cause
of substantial annoyance to the general public.
(g)
Dilapidated Buildings. All buildings or structures so old, dilapidated,
or out of repair as to be dangerous, unsafe, unsanitary, or otherwise
unfit for human use.
(h)
Low-Hanging Wires and Cables. All wires and cables over streets,
alleys, or public grounds which are strung less than fifteen (15)
feet above the surface thereof.
(i)
Noisy Animals. The keeping or harboring of any animal which,
by frequent or habitual howling, yelping, barking, crowing, or making
of other noises, to the great discomfort of the peace and quiet of
the neighborhood or in such a manner as to materially disturb or annoy
persons in the neighborhood who are of ordinary sensibilities.
(j)
Obstructions of Streets; Excavations. All obstructions of streets,
alleys, sidewalks, or crosswalks and all excavations in or under the
same, except as permitted by the ordinances of the City but including
those which, although made in accordance with such ordinances, are
kept or maintained for an unreasonable or illegal length of time after
the purpose thereof has been accomplished or which do not conform
to the permit.
(k)
Blighted Buildings and Premises. Premises existing within the
City which are blighted because of faulty design or construction,
failure to maintain them in a proper state of repair, improper management,
or due to the accumulation thereon of junk or other unsightly debris,
structurally unsound fences and other items which depreciate property
values and jeopardize or are detrimental to the health, safety, enjoyment
of property, or welfare of the people of the City.
(l)
Suffocation Hazards. Any abandoned, unattended or discarded
ice box, refrigerator, walk-in cooler, or other container of any kind,
which has an air-tight door, left outside of any building or dwelling
without first removing the door from the said ice box, refrigerator,
walk-in cooler, or other container.
(m)
Excessive Noise. The making, continuation, or causing to be
made or continued any noise which either injures, endangers the comfort,
repose, health, or safety of another, or substantially annoys another
between the hours of 10:00 p.m. and 7:00 a.m. This provision shall
not apply to noise necessary for the protection or preservation of
property, or the health, or safety of a person or to emergency short-term
operations which are necessary to protect the public health, safety,
and welfare including emergency utility and public works operations.
[Ord. O-2005-0008, 2/1/2005; Ord. O-2007-0041 (repeal and
recreated), 10/16/2007]
(1)
Enforcement.
(a)
The Police Chief. Fire Chief, Health Commissioner, Forester.
Weed Commissioner, Building Inspector or the Director of Public Works
or one of their designees shall enforce those provisions of this chapter
that come within the jurisdiction of their offices, or the City Attorney
may represent their interests; and they shall make periodic inspections
and inspections upon complaint to ensure that such provisions are
not violated. No action shall be taken under this section to abate
a public nuisance unless the official has inspected or caused to be
inspected the premises where the nuisance is alleged to exist and
has satisfied himself or herself that a nuisance does, in fact, exist.
(b)
Whenever the Police Chief, Fire Chief. Health Commissioner,
Forester. Weed Commissioner, Building Inspector or the Director of
Public Works or one of their designees identifies that three (3) or
more nuisance activities have occurred at a premises on separate days
during a one-hundred-eighty-day period, that individual or the City
Attorney may notify the premises owner in writing that the premises
has become a chronic public nuisance. This notice shall be deemed
properly delivered if sent by either first class mail to the premises
owner's last known address or if delivered in person to the premises
owner. If the premises owner cannot be located, the notice shall be
deemed to be properly delivered if a copy is left at the premises
owner's usual place of abode in the presence of some competent
member of the family at least fourteen (14) years of age or a competent
adult currently residing there.
[Ord. O-2012-0002, 1/17/2012]
(c)
The notice shall contain: the legal description or street address
of the premises; a description of the nuisance activities 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; a statement that the premises owner shall within ten (10)
days respond to the appropriate office with either an appeal of the
designation or to propose a written course of action to abate the
nuisance activities.
(d)
Whenever the Police Chief, Fire Chief, Health Commissioner.
Forester, Weed Commissioner. Building Inspector, the Director of Public
Works, their designees, or the City Attorney determines that an additional
nuisance activity has occurred at a premises for which notice has
been issued, and either this nuisance activity has occurred not less
than fourteen (14) days after notice has been issued or a course of
action submitted pursuant to this section has not been completed,
the appropriate office may calculate the cost of enforcement for this
and any subsequent nuisance activities and may refer such cost to
the Clerk Treasurer. The premises owner shall be notified of the decision
to refer the cost of enforcement. Delivery of this notice, along with
a copy of the referral letter to the Clerk/Treasurer, shall be made
as set forth in Paragraph (a) of this section and shall contain: the
street address or legal description sufficient for identification
of the premises; a statement that the cost of enforcement has been
referred to the Clerk/Treasurer with concise description of the nuisance
activities and the relevant sections of the code; and a notice of
the premises owner's right to appeal pursuant to Section 18.04(6).
(e)
Violation. Each subsequent incident of nuisance activity shall
be deemed a separate violation.
(2)
Summary Abatement.
(a)
If the inspecting official determines that a public nuisance
exists within the City and that there is great and immediate danger
to the public health and safety, the official may, without notice
or hearing, issue an order reciting the existence of a public nuisance
constituting imminent danger to the public and requiring immediate
action be taken, as he deems necessary, to abate the nuisance. Notwithstanding
any other provisions of this subsection, the order shall be effective
immediately. Any person to whom such order is directed shall comply
with the order immediately.
(b)
Whenever the owner and/or occupant shall refuse or neglect to
remove or abate the condition meeting the criteria set forth in subsection
(2)(a), above, and described in the order, the inspecting official
shall, in his discretion, enter upon the premises and cause the nuisance
to be removed or abated and the City shall recover the expenses incurred
thereby from the owner or occupant of the premises or from the person
who has caused or permitted the nuisance by billing the owner and/or
occupant and placing the expenses on the property tax roll if said
expenses are not paid within thirty (30) days.
(3)
Abatement After Notice.
(a)
If the inspecting official determines that a public nuisance
exists, but that such nuisance does not threaten great and immediate
danger to the public, the official shall issue an order reciting the
existence of a public nuisance, and requiring the owner and/or occupant
of the premises to remove or abate the condition described in the
order within the time period specified therein. The order shall be
served personally on the owner of the premises, as well as the occupant,
or, at the option of the inspecting official, the notice may be mailed
to the last known address of the owner and occupant, to be served
by regular mail with return receipt. If the owner and the occupant
cannot be served, the order may be served by posting it on the main
entrance of the premises and by publishing as a Class 1 notice under
Wisconsin Statutes Chapter 985. The time limit specified in the order
runs from the date of service or publication.
(b)
If the owner or occupant fails or refuses to comply within the
time period prescribed, the inspecting official shall enter upon the
premises and cause the nuisance to be removed or abated and the City
shall recover the expenses incurred thereby from the owner or occupant
of the premises or from the person who has caused or permitted the
nuisance.
(4)
Other Methods Not Excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the City or its
officials in accordance with the laws of the State or the ordinances
of the City of West Allis. Where the provisions of this chapter conflict
with another section of the West Allis Revised Municipal Code, the
more stringent provision shall apply.
(5)
Court Order. Except when necessary under sub. (2), an official shall
not use force to obtain access to private property to abate a public
nuisance but shall request permission to enter upon private property
if such premises are occupied and, if such permission is denied, shall
apply to any court having jurisdiction for an order assisting the
abatement of the public nuisance.
(6)
Appeal. Appeal of the determination of the Police Chief, Fire Chief,
Health Commissioner. Forester, Weed Commissioner, Building Inspector,
the Director of Public Works, the City Attorney or their designees
that a nuisance or chronic nuisance premises exists, or the action
of the Clerk/Treasurer imposing a special charge against the premises,
may be submitted to the Administrative Appeals Review Board pursuant
to Section 2.48 of the Revised Municipal Code.
(7)
Relief from order. Any person affected by an order for Abatement
After Notice as provided under this section shall, pursuant to Chapter
68 of the Wisconsin Statutes, within thirty (30) days of the date
of service or publication of the order, apply to the Administrative
Appeals Review Board for review of the order to abate or remove the
nuisance, or be forever barred. The Board shall determine the reasonableness
of the order for abatement of the nuisance. Any person aggrieved by
the determination of the Administrative Appeals Review Board shall
appeal to the Circuit Court as provided in Wisconsin Statutes Chapter
68.
[Ord. O-2005-0008, 2/1/2005; Ord. O-2007-0041, 10/16/2007]
In addition to any other penalty imposed by this chapter for
the erection, contrivance, creation, continuation or maintenance of
a public nuisance, the costs of abating the public nuisance and the
costs associated with enforcement once a premises has been designated
a "chronic nuisance premises," or is summarily abated under Section
18.04 of the Revised Municipal Code, shall be collected as a debt
from the owner, occupant, or person causing, permitting or maintaining
the nuisance; and if notice to abate the nuisance has been given to
the owner, such costs shall be assessed against the real estate as
a special charge.
In addition to other penalties provided in this chapter, any
person who shall violate any provision of this chapter, or any regulation,
rule or order made hereunder, or permit or cause a public nuisance,
shall forfeit not less than fifty dollars ($50) nor more than five
hundred dollars ($500) for each offense, together with the costs of
prosecution; and in default of payment of such forfeiture and costs,
by imprisonment in the Milwaukee County House of Correction or Milwaukee
County Jail until payment of such forfeitures and costs, but not in
excess of the number of days set forth in section 800.095(a) of the
Wisconsin Statutes, or by suspension of operating privileges, pursuant
to sections 343.30 and 345.47 of the Wisconsin Statutes. Each and
every day during which a violation continues constitutes a separate
offense. In addition, where appropriate, legal or equitable actions
may be commenced to enjoin any person, firm or corporation from violating
any of the provisions of this chapter.
If any provision, clause, sentence, paragraph, section, or part
of this chapter, or application thereof to any person, firm, corporation,
or circumstance, shall, for any reason, be adjudged by a court of
competent jurisdiction to be unconstitutional or invalid, said judgment
shall not affect, impair, or invalidate the remainder of this chapter
and the application of such provision to other persons, firms, corporations,
or circumstances, but shall be confirmed in its operation to the provision,
clause, sentence, paragraph, section, or part thereof directly involved
in the controversy in which such judgment shall have been rendered
and to the person, firm, corporation, or circumstance involved. It
is hereby declared to be the legislative intent of the Common Council
that this chapter would have been adopted had such invalid provision
or provisions not been included.
[Ord. O-2008-0022, 5/20/2008]
(1)
Definition. In this section, "graffiti" means any inscription, word,
figure or design marked, scratched, etched, drawn or painted with
spray paint, liquid paint, ink, chalk, dye or other similar substances
on buildings, construction sites, fences, structures, equipment and
similar places without the express permission of the owner or operator
of the property.
(2)
Public Nuisance. The Common Council hereby finds that graffiti is
detrimental to property values; degrades the community; causes an
increase in crime; is inconsistent with the City's property maintenance
goals and aesthetic standards; and, unless it is quickly removed from
public and private property, results in other properties becoming
the target of graffiti. Graffiti is hereby declared a public nuisance
as it affects the public health, safety and general welfare of the
community.
(3)
Graffiti Prohibited. No owner or operator of any real property within
the City may maintain or allow any graffiti to remain upon any building,
construction site, fence, structure, or equipment located on such
property when the graffiti is visible from the street or other public
or private property. No owner or operator of a dumpster or other receptacle
for temporary storage of discarded materials, garbage, waste, or other
miscellaneous items may maintain or allow any graffiti to remain upon
the dumpster or other receptacle.
(4)
Notification by Police Department.
(a)
Whenever a police officer determines that graffiti on any building,
construction site, fence, structure, dumpster or other receptacle,
or equipment within the City is visible from the street or other public
or private property, the police officer shall mail or cause to be
mailed, by first class mail to the last known address of the owner
or registered agent, a written order directing the owner to abate
the graffiti in a timely manner. The order shall include a description
of the graffiti and premises, a date of issue, a statement of the
consequences of the failure to remove the graffiti, an explanation
of the right to petition the Property Maintenance Code Appeals Board
for a hearing within twenty (20) days, a statement that any property
owner or registered agent who does not file a petition for a hearing
waives the right to assert that the graffiti did not meet the criteria
for removal under this section, and a statement informing the property
owner or registered agent that the property must be brought into compliance
within twenty (20) days. Such order shall also be posted on the front
door or other conspicuous place on the property.
(5)
Hearing and Appeals Procedure.
(a)
A property owner or registered agent may appeal the order to
the Property Maintenance Code Appeals Board, established pursuant
to Section 13.28(14), by filing a written request for a hearing with
the City Clerk within twenty (20) days of the date of the issuance
of the abatement order.
(b)
The appeal and hearing procedure shall conform to the standard
rules and hearing procedures of the Property Maintenance Code Appeals
Board. The appellant shall not be required to pay any appeals fees.
(c)
Upon receipt of the hearing request, the police officer shall
halt the abatement of the nuisance, pending the decision of the Property
Maintenance Code Appeals Board.
(d)
If the Property Maintenance Code Appeals Board upholds the abatement
of the nuisance, the property owner or registered agent may appeal
the decision within thirty (30) days to the circuit court.
(e)
If a property owner or registered agent does not file a timely
written request for a hearing with the Property Maintenance Code Appeals
Board, he or she waives the right to assert that the graffiti did
not meet the criteria for abatement under this section.
(6)
Abatement of Nuisance. Within twenty (20) days of the date of the
abatement order, if the property owner or registered agent has not
filed a petition or abated the nuisance, the City or a private contractor
at the City's direction may enter the property and abate the
graffiti upon exterior walls of buildings, fences, equipment, dumpsters
or other receptacles, and other structures on the property that are
visible from the street or other public or private property. The City
or private contractor shall make all reasonable efforts to minimize
damage from such entry. A property will be deemed abated when the
graffiti has been obliterated by primer paint, sandblasting, water
blasting, chemical solvents, or other means that serve to obliterate
the graffiti. Primer paint shall closely match the background color
or colors of the object being painted.
(7)
Costs. The cost of the graffiti abatement shall be collected as a
special charge against the property pursuant to Wis. Stat. Section
66.0627 for the costs of the services provided. If the special charge
is not paid within thirty (30) days, the special charge shall be deemed
delinquent. A delinquent special charge shall be a lien against the
property as of the date of delinquency. The delinquent special charge
shall be included in the current or next tax roll for collection and
settlement under Chapter 74, Wis. Stats.
[Ord. O-2008-0030, 8/5/2008; Ord. O-2015-0046, 9/15/2015]
(1)
Legislative Findings.
(a)
That there are a large number of vacant buildings scattered
throughout the City that are not properly maintained.
(b)
That such vacant buildings have reached a stage of disrepair
and deterioration with the yards of said buildings having become untended
and filled with junk so as to constitute a blighting influence.
(c)
That such vacant buildings are subject to exterior vandalism
and are broken into and subject to vandalism of the interior, are
used for unsanitary or immoral purpose, and are potential fire hazards.
(d)
That the state of disrepair and deterioration of such vacant
buildings creates a public nuisance, constitutes a hazard to the health,
safety and welfare of the public, and creates a blighting influence
on the surrounding neighborhood.
(2)
Definitions.
(a)
"Abandoned building" means a building or structure, as defined
in Section 12.06 of the Revised Municipal Code, that is vacant or
not occupied by a rightful owner or tenant and also has one or more
of the following characteristics:
1.
Is in violation of the lawn regulations set forth in Section
13.28(10)(b) of the Revised Municipal Code or the weed regulations
set forth in Sec. 66.0407 of the Wisconsin Statutes.
2.
Is in violation of the minimum standards for buildings and structures
set forth in Section 13.28(9) of the Revised Municipal Code.
3.
Has junk, refuse, rubbish, etc., strewn around or stored on
the property or otherwise has unlawful outdoor storage of materials
or has an abandoned vehicle or vehicles (as defined in Section 6.015
of the Revised Municipal Code) on the property.
4.
There are broken or open doors or windows or the exterior of
a building's structure otherwise is not secured from the elements
or entry by trespassers.
5.
Graffiti has not been removed from the buildings, structures,
or equipment on the property as required by Section 18.08 of the Revised
Municipal Code.
6.
The buildings, structures or premises are otherwise dilapidated
or deteriorated or create a dangerous condition.
7.
Snow and/or ice have been allowed to accumulate and remain on
the public sidewalk abutting the property contrary to Section 11.12
of the RMC.
(3)
Prohibition. No owner of any real property may maintain, allow or
suffer an abandoned building to exist within the City.
(4)
Notification to Owner. The Director of Building Inspections and Neighborhood
Services, Director of Public Works, or Health Commissioner or his
or her designee shall mail or cause to be mailed, by first class mail
to the last known address of the owner, a written order directing
the owner to abate the specified conditions that constitute an abandoned
building in a timely manner. The order shall include a list or description
of the factors that are causing the blight or nuisance, a date of
issue, a statement of the consequences of the failure to comply, an
explanation of the right to petition the Property Maintenance Code
Appeals Board for a hearing within ten (10) days, a statement that
any property owner who does not file a petition for a hearing waives
the right to assert that the property does not meet the definition
of an abandoned building, and a statement informing the property owner
that the property must be brought into compliance within ten (10)
days. Such order shall also be posted on the front door or other conspicuous
place on the property.
(5)
Appeal and Hearing Procedure.
(a)
A property owner may appeal the order to the Property Maintenance
Code Appeals Board, established pursuant to Section 13.28(14) of the
Revised Municipal Code, by filing a written request for a hearing
with the City Clerk within ten (10) days of the issuance of the abatement
order.
(b)
The appeal and hearing procedure shall conform to the standard
rules and procedures of the Property Maintenance Code Appeals Board.
(c)
Upon receipt of the hearing request, the Director of Building
Inspections and Neighborhood Services, Director of Public Works, or
Health Commissioner or his or her designee shall halt the abatement
process under Subsection (6), pending decision of the Property Maintenance
Code Appeals Board.
(d)
If the Property Maintenance Code Appeals Board upholds the determination
that the property is an abandoned building, the owner may appeal the
decision within thirty (30) days to the Circuit Court of Milwaukee
County.
(e)
If a property owner does not file a timely written request for
a hearing before the Property Maintenance Code Appeals Board, he or
she waives the right to assert that the property is not an abandoned
building and in need of abatement under this Section.
(f)
Emergency Procedure. Notwithstanding the notice provisions of
Subsection (4) and the appeal procedures of Subsection (5), the Director
of Building Inspections and Neighborhood Services, Director of Public
Works, or Health Commissioner or his or her designee may take immediate
steps, including taking action through a private contractor, to abate
a condition or conditions that create an immediate threat to health
or safety. The owner of the property may contest the need for such
action and/or the cost thereof after the abatement, following the
hearing procedures set forth in Subsection (5).
(6)
Abatement of Nuisance. Within ten (10) days of the date of the abatement
order, if the owner has not filed an appeal or abated the nuisance,
the Director of Building Inspections and Neighborhood Services, Director
of Public Works, or Health Commissioner or his or her designee, or
a private contractor chosen by the Director of Building Inspections
and Neighborhood Services, Director of Public Works, or Health Commissioner
or his or her designee, may enter the property and abate the conditions
that give rise to the property being an abandoned building, except
that the Director of Building Inspections and Neighborhood Services,
Director of Public Works, or Health Commissioner, or his or her designee,
or contractor may not occupy the premises or cause them to be occupied
unless the City is the owner or otherwise has legal care and custody
of the property. A property will be deemed abated when the criteria
establishing an abandoned building have been removed, corrected or
repaired.
(7)
Continuity of Abandoned Status. Once a property has been declared a nuisance abandoned property, the Director of Building Inspections and Neighborhood Services, Director of Public Works, or Health Commissioner or his or her designee shall continue to correct such deficiencies as they exist until the owner petitions the official who made the declaration and demonstrates that the owner can maintain the premises in conformance with State law and City ordinances. The petition shall be in writing to the official who made the nuisance determination. The official shall render a decision within thirty (30) days of receipt of the petition or the petition shall be deemed granted and the property will be removed from the list of nuisance abandoned properties. The determination of the declaring official may be appealed by an interested party as provided in Subsection (5).
(8)
Costs. The cost of abatement shall be collected as a special charge
against the property pursuant to Wis. Stat. Sec. 66.0627 for the costs
of the services provided. If the special charge is not paid within
thirty (30) days, the special charge shall be deemed delinquent. A
delinquent special charge shall be a lien against the property as
of the date of delinquency and shall be included in the current or
next tax roll for collection and settlement under Chapter 74, Wis.
Stat.
(9)
Prohibition and Penalties. No person shall remove, alter, deface,
damage, or tamper with any items, including signs, locks, boards,
or any other materials, used by a City Building Inspector or his or
her designee to post or secure any nuisance abandoned property. Any
person violating this Subsection shall be required to forfeit not
less than five hundred dollars ($500.00) nor more than one thousand
dollars ($1,000.00). For a second or subsequent violation, the person
shall be required to forfeit not less than one thousand dollars ($1,000.00)
nor more than two thousand dollars ($2,000.00). The person shall be
required to pay the costs of prosecution. In default of payment thereof,
the person shall be imprisoned in the Milwaukee County House of Correction
until such forfeiture and costs are paid, but not more than the number
of days set forth in Sec. 800.095(4) of the Wisconsin Statutes, or
by suspension of the defendant's operating privilege, pursuant
to Secs. 343.30 and 345.47 of the Wisconsin Statutes. Each and every
day that an offense occurs or continues constitutes a separate offense.
[Ord. O-2015-0042, 9/1/2015; Ord. O-2016-0018, 3-15-2016]
(1)
Findings. The Common Council finds that a significant relationship
exists among properties in the foreclosure process, the prevalence
of blight and abandoned buildings, increased calls for police service,
higher incidence of fires, both accidental and intentional, and decline
and disinvestment in neighborhoods. Property owners involved in foreclosure
have less incentive to maintain their properties, and properties in
foreclosure have a higher incidence of building code violations than
properties not in foreclosure. The foreclosure process may also result
in abandonment. Abandoned buildings become havens for vandalism, arson
and drug crimes, draining valuable governmental resources and creating
a significant reduction in quality of life for the surrounding neighborhood.
Registration, inspection and aggressive monitoring of properties in
the foreclosure process help to stabilize and improve affected neighborhoods
and aid in code enforcement efforts, as well as public safety. A mortgagee
that does not register, inspect, secure, and maintain, as required
in this section, places an undue and inappropriate burden on the taxpayers
of the City and poses an increased risk to public health, safety and
welfare.
(2)
Purpose and Scope. The purpose of this section is to establish a
registration program to monitor all real properties pending foreclosure
to identify at-risk properties and to regulate the securing and maintenance
of abandoned properties in foreclosure. This section is intended to
reduce and prevent neighborhood blight; to ameliorate conditions that
threaten public health, safety and welfare; to promote neighborhood
stability and occupancy by preserving the condition and appearance
of properties; and to maintain property values and assessments. It
is declared a matter of public policy and an exercise of the City's
police power that mortgagees initiating foreclosure proceedings against
a property are required to register with the City of West Allis. This
registration process will give City departments the means of contacting
those responsible for the foreclosure proceedings and mortgages at
issue, those responsible for the inspections required in this section,
and those responsible for the securing and maintenance of abandoned
property as required in this section. The purpose of the registration
fee is to partially recover administrative costs associated with this
registry. Nothing in this section shall be construed as waiving, relieving,
or otherwise excusing an owner of property from complying with applicable
building codes and ordinances. The owner shall at all times comply
with applicable building codes and ordinances, and the owner shall
at all times remain responsible and liable therefor. Nothing in this
section is intended to affect the right to foreclose as provided by
state law.
(3)
Definitions. In this section:
(a)
"Abandoned property" means any real property that is in mortgage
default, bank owned (REO) and/or is vacant as a result of the relinquishment
of occupancy, possession or control by a mortgagor and those claiming
by, through or under the mortgagor, including tenants, whether or
not the mortgagor relinquished equity and title. A property may be
deemed abandoned when there is evidence of conditions, taken separately
or as a whole, which would lead a reasonable person to conclude that
the property is abandoned, including:
1.
Violation of the lawn regulations as set forth in Section 13.28(10)(b)
of the Revised Municipal Code or the weed regulations set forth in
Sec. 66.0407 of the Wisconsin Statutes.
2.
Accumulation of newspapers, circulars, flyers, or mail.
3.
Past-due utility notices.
4.
Accumulation of junk, litter, trash, or debris.
5.
Absence of window treatments, such as blinds, curtains, or shutters.
6.
Absence of furnishings and personal items.
7.
Statements by neighbors, delivery agents, or similarly situated
persons that the property is vacant.
8.
Any of the items specified in Sec. 846.102(2), Wis. Stats.
9.
Violation of the minimum standards for buildings and structures
set forth in Section 13.28(9) of the Revised Municipal Code.
10.
Broken or open doors or windows or the exterior of a building's
structure otherwise is not secured from the elements or entry by trespassers.
11.
Graffiti has not been removed from the buildings, structures,
or equipment on the property as required by Section 18.08 of the Revised
Municipal Code.
12.
The buildings, structures, or premises are otherwise dilapidated,
deteriorated, or create a dangerous condition.
13.
Snow and/or ice have been allowed to accumulate and remain on
the public sidewalk abutting the property contrary to Section 11.12
of the Revised Municipal Code.
14.
Any real property located in the City, whether vacant or occupied,
that is encumbered by a mortgage in default, is subject to an ongoing
foreclosure action by the mortgagee or trustee, is subject to an application
for a tax deed or pending tax assessor's lien sale, or has been
the subject of a foreclosure sale where the title was transferred
to the beneficiary of a mortgage involved in the foreclosure and any
properties transferred under a deed in lieu of foreclosure/sale.
(b)
"Accessible structure" means a building that is accessible through
a compromised door, wall, window, or similar building feature and
that is unsecured in a manner that allows access to interior space
by unauthorized persons.
(c)
"Agent" means a person or entity, including a servicing company,
acting on behalf of the mortgagee regarding the mortgage or mortgage
loan, the foreclosure proceedings, or the mortgaged property, including
the inspection, maintenance and securing duties required in this section,
except that an attorney shall not be deemed to be an agent if the
attorney is retained solely to represent the mortgagee or agent in
connection with the foreclosure proceedings in court.
(d)
"Department" means the City of West Allis Department of Building
Inspection and Neighborhood Services.
(e)
"Director" means the Director of the City of West Allis Department
of Building Inspection and Neighborhood Services.
(f)
"Foreclosure" means the process prescribed by Chapter 846, Wis.
Stats. and the process for nonjudicial sale authorized by a power
of sale clause in a mortgage.
(g)
"Mortgage" means a written instrument creating a lien on real
property whereby the property is used as security or collateral for
performance of an act or payment of funds. For purposes of this section,
mortgage also includes a land contract.
(h)
"Mortgagee" means the person or entity that lends money to a
borrower for the purpose of purchasing a piece of real property or
the person or entity to which the mortgage has been granted or assigned.
(i)
"Mortgagor" means the person or entity that obtained a mortgage
to purchase or refinance a piece of real property.
(j)
"Occupied property" means a residential property with a structure
on which any person, including an owner, operator, or tenant, but
not a trespasser, lives, sleeps, cooks, or otherwise maintains actual
possession.
(k)
"Person" means any person, firm, organization, or corporation.
(l)
"Residential property" means a property used in whole or in
part for residential purposes, including single-family, two-family,
and multifamily dwelling; mixed-use commercial and residential structures,
but not residential condominium units.
(m)
"Servicing company" means a person or entity that provides services
to the mortgagee or to an agent of a mortgagee, including debt servicing,
collection of payments, administration of escrow and insurance accounts,
managing loss mitigation, foreclosing, and securing and managing properties
on behalf of the mortgagee or the mortgagee's agent.
(4)
Registration Required.
(a)
Within five (5) working days of filing with the court of the
foreclosure proceedings against a residential property, the mortgagee
or agent shall register the property in the name of the mortgagee
with the Department on a form or by an electronic process prescribed
by the Director. This form shall include all of the following:
1.
Information identifying the property by address and tax key
number.
2.
The mortgagor of record and the mortgagee of record.
3.
The Register of Deeds recording document number for the mortgage
being foreclosed and the date of recording.
4.
The current owner of the note or instrument secured by the mortgage,
and the registered agent and registered office for that owner.
5.
The date of recording of the lis pendens for commencement of
the foreclosure proceedings.
6.
The case number of the foreclosure action and the plaintiff
in the foreclosure action.
7.
The servicing company or other agent acting on behalf of the
mortgagee, and the registered agent and registered office for that
servicing company or agent.
8.
Contact information for a person with the mortgagee or agent
who will be responsible for inspecting, securing, and maintaining
the property as required under this section.
(b)
A mortgagee or agent for a residential property in foreclosure
proceedings for whom the proceedings were initiated prior to the effective
date of this section and who remains subject to the foreclosure proceedings
shall register with the City within thirty (30) days of the effective
date of this section. The mortgagee or agent shall be subject to the
requirements of this section, except for the initial inspection under
Subsection (7)(a).
(5)
Amendment. Within twenty (20) days of a change in information for
the registration of a property, including a change in ownership of
the mortgage or a change in agent, servicing company or contact person,
the mortgagee or the mortgagee's agent shall file an amended
registration with the Department on a form or by an electronic process
prescribed by the Director.
(6)
Termination of Registration.
(a)
To terminate a registration, the mortgagee or the mortgagee's
agent shall file a registration termination with the Department on
a form or by an electronic process prescribed by the Director within
ten (10) days of either of the following, whereupon the duties of
the mortgagee or the agent under this section shall cease:
1.
A court-confirmed sale of the property in foreclosure with the
deed having been issued in the foreclosure proceedings and the deed
or evidence of the deed having been recorded in the Register of Deeds
office.
2.
A court order dismissing the foreclosure proceedings and a discharge
of the lis pendens having been recorded in the Register of Deeds office.
(c)
If the court dismisses the foreclosure proceedings due to a
discharge or satisfaction of the mortgage, the mortgagee or agent
shall also provide with the termination filing the Register of Deeds
recording information for the discharge or satisfaction of the mortgage.
(7)
Inspection of Abandoned Property.
(a)
Initial Inspection. Whenever a mortgagee or agent initiates
foreclosure proceedings against a property, the mortgagee or agent
shall cause a physical inspection to be made of the property not later
than thirty (30) days from the date of filing of the foreclosure proceedings.
One (1) or more photographs shall be taken of the property accurately
portraying the condition of the exterior premises. Photographs shall
be dated and preserved.
(b)
Periodic Inspections. The mortgagee or agent shall perform a
reinspection of the property subject to the foreclosure proceedings
at least once every thirty (30) days following the initial inspection
until a registration termination is filed. One (1) or more photographs
shall be taken at each reinspection and shall be dated and preserved.
(c)
Records. A mortgagee or agent shall maintain written records,
including photographs, of any inspection or reinspection required
by this section, and, in the case of abandoned property, records of
actions taken under Subsection (9). Written records and photographs
of inspection and reinspection shall be made available to the Department
upon request.
(8)
Notification of Abandoned Property. If inspection of the property required under Subsection (7) shows the property is abandoned, or if the mortgagee or agent otherwise becomes aware of abandonment, the mortgagee or agent shall file notification of the abandoned property within five (5) business days on a form or by an electronic process prescribed by the Director or his or her designee, that includes a description of the external condition of the property and whether there is an accessible structure on the property. The notification filing shall identify the person authorized by the mortgagee to enter upon the property and to conduct repairs or maintenance and secure access, as required in Subsection (9).
(9)
Duty to Secure, Maintain, and Post Abandoned Property.
(a)
The property maintenance duties of a mortgagee or agent with
an abandoned property shall be limited to the following:
1.
Ensuring that there are no accessible structures on the premises.
2.
Ensuring that there are no conditions upon the property presenting
an immediate risk to public health, safety, or welfare, including:
a.
Removing or abating fire hazards.
b.
Removing or containing potentially toxic materials and explosives.
c.
Securing the perimeters of swimming pools, ponds, or other bodies
of water.
d.
Maintaining public walkways and thoroughfares free from ice,
snow, mud, and other debris consistent with the requirements of Section
11.12 of the Revised Municipal Code.
e.
Mowing grass and eliminating weeds and other plant growth consistent
with the requirements of Section 13.28(10)(b) of the Revised Municipal
Code or the weed regulations set forth in Sec. 66.0407 of the Wisconsin
Statutes.
(b)
A mortgagee or agent shall include a statement in the abandonment
notification identifying action taken or planned to be taken to comply
with the requirements of Subsection (9)(a).
(c)
Upon filing notification of the abandoned property or at the
time that notification is required to be made, and until there has
been a registration termination filed regarding the abandoned property,
the Director may make a finding that the condition of the property
constitutes an immediate threat to public health, safety and welfare
and, upon such finding, may issue a written order to the mortgagee
or agent, or both, to abate the condition. Upon failure to comply
with the Director's order within ten (10) days, the mortgagee
or agent, or both, shall be responsible and shall be subject to a
penalty in the same manner and to the same extent as the owner of
the property under any of the following Revised Municipal Code sections:
1.
Sections 7.05 and 7.051, refuse and recycling collection; littering
of premises.
2.
Sections 11.07(7) and 11.12, sidewalks to be kept clean and
unobstructed.
3.
Section 6.015, abandoned vehicles.
4.
Section 18.03, public nuisances.
5.
Section 7.035, noise control.
6.
Section 7.06, noxious chemicals.
7.
Section 13.35, swimming pools.
8.
Section 18.08, graffiti abatement.
9.
Sections 13.28(9) and 13.28(10), maintenance of premises.
10.
Section 7.14(3), rat harborages.
11.
Section 13.18, condemnation of unsafe structures.
(d)
The minimum requirements of a mortgagee or agent for preservation
and protection of residential property, absent a specific order of
the Director to abate a condition of the premises, shall be consistent
with 24 CFR 203.377 and the rules, regulations and other requirements
published by the Federal Housing Administration (FHA) of the United
States Department of Housing and Urban Development for the preservation
and protection of single-family residential properties secured by
FHA loans, as those requirements may be amended by FHA mortgagee letters
or otherwise, and as applied by the FHA to the State of Wisconsin,
including guidelines related to winterization and heating systems.
The Director may issue a written order to the mortgagee or agent,
or both jointly and severally, to abate the condition. The mortgagee
or agent, or both, shall be held liable for failure to abate and for
repayment to the City of the reasonable costs incurred by the City
related to abatement of conditions that are subject to FHA guidelines
specified in this subsection, or which are subject to an order under
Subsection (9)(c) and which threaten public health, safety, and welfare.
(e)
A mortgagee or agent, upon receiving information or determining
that the residential property is abandoned, and until the property
is no longer abandoned, shall post and maintain signs affixed or adjacent
to all entrances to the building indicating:
(10)
Fees.
(a)
The fee for registration of property pending foreclosure shall
be three hundred dollars ($300) and shall be due upon registration.
(b)
The registration form and fee may be transmitted electronically
or by any other means to be determined by the Director or his or her
designee. The annual registration shall be valid from the date the
property was initially obligated to register pursuant to the governing
ordinance, the registration form is completed and filed with the Department
or its designee and the registration fee is received by the Department
or its designee.
(c)
There shall be no fee for filing an amended registration or
for filing a registration termination.
(11)
Penalties.
(a)
Failure to Register or to File Amendment. Any mortgagee or agent
that fails to register as required under Subsection (4), fails to
file an amendment as required under Subsection (5), or fails to file
a termination as required under Subsection (6), shall be jointly and
severally responsible, and, upon conviction, shall forfeit not less
than five hundred dollars ($500) nor more than two thousand dollars
($2,000), together with the cost of the prosecution. In default of
payment thereof, the person shall be imprisoned in the Milwaukee County
House of Correction until such forfeiture and costs are paid, but
not more than the number of days set forth in Section 800.095(1)(b)1
of the Wisconsin Statutes. Each and every day that an offense continues
constitutes a separate offense.
(b)
Failure to Inspect. Any mortgagee or agent that fails to inspect
or reinspect a property as required under Subsection (7) shall be
jointly and severally responsible, and, upon conviction, shall forfeit
not less than two hundred fifty dollars ($250) nor more than one thousand
dollars ($1,000), together with the cost of the prosecution. In default
of payment thereof, the person shall be imprisoned in the Milwaukee
County House of Correction until such forfeiture and costs are paid,
but not more than the number of days set forth in Section 800.095(1)(b)1
of the Wisconsin Statutes. Each and every day that an offense continues
constitutes a separate offense.
(c)
Failure to Notify about Abandoned Property. Any mortgagee or
agent that fails to file notification of an abandoned property as
required under Subsection (8) shall be jointly and severally responsible
and, upon conviction, shall forfeit not less than five hundred dollars
($500) nor more than two thousand dollars ($2,000) together with the
cost of the prosecution. In default of payment thereof, the person
shall be imprisoned in the Milwaukee County House of Correction until
such forfeiture and costs are paid, but not more than the number of
days set forth in Section 800.095(1)(b)1 of the Wisconsin Statutes.
Each and every day that an offense continues constitutes a separate
offense.
(d)
Failure to Secure and Maintain Abandoned Property. Any mortgagee
or agent having a duty to register abandoned property that fails its
duty to secure and maintain the property as required under Subsection
(9) shall be jointly and severally responsible, and, upon conviction,
shall forfeit not less than eight hundred dollars ($800) nor more
than two thousand five hundred dollars ($2,500), together with the
cost of the prosecution. In default of payment thereof, the person
shall be imprisoned in the Milwaukee County House of Correction until
such forfeiture and costs are paid, but not more than the number of
days set forth in Section 800.095(1)(b)1 of the Wisconsin Statutes.
Each and every day that an offense continues constitutes a separate
offense.
(e)
Failure to Maintain Records or to Post. Any mortgagee or agent
that fails to maintain or provide records required in Subsection (7),
or to post signage as required in Subsection (9) shall be jointly
and severally responsible, and, upon conviction, shall forfeit not
less than one hundred dollars ($100), nor more than five hundred dollars
($500), together with the cost of the prosecution. In default of payment
thereof, the person shall be imprisoned in the Milwaukee County House
of Correction until such forfeiture and costs are paid, but not more
than the number of days set forth in Section 800.095(1)(b)1 of the
Wisconsin Statutes. Each and every day that an offense continues constitutes
a separate offense.
[Ord. O-2015-0042, 9/1/2015; Ord. O-2016-0018, 3-15-2016]
(1)
Findings. The Common Council recognizes the findings in Section 18.10(1),
and further finds that a significant relationship exists among mortgage
loan defaults, blighted properties, and decline and disinvestment
in neighborhoods. Property owners in default under mortgage loans
face financial difficulty, may face foreclosure or collection proceedings,
and may struggle to remain in ownership or to maintain or repair their
properties, leading to code violations and public health, safety,
and welfare concerns. Without the registration requirement of this
section, mortgagees and agents might not provide address-specific
default information. Registration of properties in mortgage loan default
may help connect borrowers to beneficial information, programs, and
resources, including those provided by nonprofit organizations and
other third-party providers, such as credit counseling and information
about foreclosure avoidance, loan modification, forbearance, repayment
plans, and refinancing possibilities. Registration may also identify
properties at risk of disinvestment and decline, future foreclosure,
and possible abandonment.
(2)
Purpose and Scope. The purpose of this section is to establish a
registration program to identify properties and owners at risk for
foreclosure, risk of being non-code-compliant, or risk of or in abandonment;
to identify properties experiencing disinvestment or lack of maintenance
and repair; and to provide opportunities for connecting owners to
beneficial information, programs, and resources. This section is intended
to promote and retain home ownership and occupancy, to reduce blight
and disinvestment, and to maintain property values and assessments.
It is declared a matter of public policy and an exercise of the City's
police power that a mortgagee who has sent a notice of default to
a mortgagor regarding a mortgage loan against a property is required
to register with the City of West Allis or its designee, periodically
inspect the property, and report abandonment. The purpose of the registration
fee is to partially recover administrative costs associated with this
registry. Nothing in this section shall be construed as waiving, relieving,
or otherwise excusing an owner of property from complying with applicable
building code or other code provisions, and the owner shall at all
times remain responsible and liable therefor. Nothing in this section
is intended to affect the right to foreclose on a property as provided
by state law or the duty of a mortgagee or agent to preserve and protect
property under 24 CFR 203.377, and the rules, regulations and other
requirements published by the Federal Housing Administration (FHA)
of the United States Department of Housing and Urban Development for
the preservation and protection properties secured by FHA loans, as
those requirements may be amended by FHA mortgagee letters or otherwise,
and as applied by the FHA to the State of Wisconsin, including guidelines
related to winterization and heating systems.
(3)
Definitions. In this section:
(a)
"Abandoned property" has the definition provided in Section
18.10(3)(a).
(b)
"Accessible structure" has the definition provided in Section
18.10(3)(b).
(c)
Agent" means a person or entity, including a servicing company,
acting on behalf of the mortgagee regarding the mortgage, the mortgage
loan in default, or the mortgaged property, including acting to perform
the inspection and other duties required in this section, except that
an attorney shall not be deemed to be an agent if the attorney is
retained solely to represent the mortgagee or agent in connection
with the default or enforcement of remedies regarding the default.
(d)
"Default" means a default by the mortgagor to the mortgagee
or owner of the note of loan payments or other covenants that caused
the mortgagee or agent or servicing company to send a notice of default
to the mortgagor; the sending of which will permit foreclosure against
the residential property if the default is not cured.
(e)
"Department" has the definition provided in Section 18.10(3)(d).
(f)
"Director" has the definition provided in Section 18.10(3)(e).
(g)
"Foreclosure" has the definition provided in Section 18.10(3)(f).
(h)
"Loan" means the debt, repayment of which is secured by the
mortgage.
(i)
"Mortgage" has the definition provided in Section 18.10(3)(g).
(j)
"Mortgagee" has the definition provided in Section 18.10(3)(h).
(k)
"Mortgagor" has the definition provided in Section 18.10(3)(i).
(l)
"Occupied property" has the definition provided in Section 18.10(3)(j).
(m)
"Person" has the definition provided in Section 18.10(3)(k).
(n)
"Residential property" has the definition provided in Section
18.10(3)(l).
(o)
"Servicing company" has the definition provided in Section 18.10(3)(m).
(4)
Registration Required. Within five (5) working days after the mortgagee
or agent sends a notice of default to the mortgagor regarding a mortgage
loan, the mortgagee or agent shall register the property in the name
of the mortgagee with the Department or its designee on a form or
by an electronic process prescribed by the Director that includes:
(a)
Information identifying the property by address and tax key
number.
(b)
The mortgagor of record and mortgagee of record.
(c)
The Register of Deeds recording document number for the mortgage
and the date of recording.
(d)
The current owner of the note or instrument secured by the mortgage
and the registered agent and registered office for that owner.
(e)
The date the notice of default was sent to the mortgagor.
(f)
The servicing company or other agent acting on behalf of the
mortgagee and the registered agent and registered office for that
servicing company or agent.
(g)
Contact information for a person with the mortgagee or agent
responsible for inspections required under this section.
(h)
Contact information for a person with the mortgagee or agent
who can provide an itemization of amounts needed to cure the default
and information regarding foreclosure avoidance or loss mitigation
programs or options offered by the mortgagee or agent.
(i)
Whether the mortgagee or agent collects money in escrow for
payment of property taxes or insurance against the property.
(5)
Amendment. Within twenty (20) days of a change in information in
the registration, including a change in the ownership of the mortgage
or a change in agent, servicing company, or contact person, the mortgagee
or agent shall file an amended registration with the Department or
its designee on a form or by an electronic process prescribed by the
Director.
(6)
Termination. The mortgagee or agent shall file a registration termination
with the Department or its designee on a form or by an electronic
process prescribed by the Director within ten (10) days of any of
the following, whereupon the duties of the mortgagee or the agent
under this section shall cease:
(a)
A cure or satisfaction of the default, by means other than a
deed to the mortgagee or agent, whether by payment, loan modification,
loan refinancing, repayment plan, or short sale with a recorded satisfaction
of the subject mortgagee and a recorded deed or evidence of a deed
to a person other than the mortgagee or the mortgagee's agent.
(b)
If there has been a recorded deed from the mortgagor to the
mortgagee or agent, upon the recording of a subsequent deed in the
Register of Deeds office from the mortgagee or agent to a third party.
(c)
A recorded mortgage satisfaction concerning the mortgage loan
in default.
(d)
Registration under Section 18.10 due to initiation of proceedings
to foreclose the mortgage.
(7)
Inspection of Property.
(a)
Initial Inspection. Whenever a mortgagee or agent registers
a loan in default under this section, the mortgagee or agent shall
cause a physical inspection to be made of the property not later than
thirty (30) days from the date of registration. One (1) or more photographs
shall be taken of the property accurately portraying the condition
of the exterior premises. Photographs shall be dated and preserved.
(b)
Periodic Inspections. The mortgagee or agent shall perform a
reinspection of the property subject to the default at least once
every sixty (60) days following the initial inspection until such
time as a registration termination is filed. One (1) or more photographs
shall be taken at each reinspection and shall be dated and preserved.
(c)
Records. A mortgagee or agent shall maintain written records,
including photographs, of any inspection or reinspection required
by this section, including records relating to Subsection (6). Written
records and photographs of inspection and reinspection shall be made
available to the Department upon request.
(8)
Notification of Abandoned Property. If inspection of the property required under Subsection (7) shows the property is abandoned, or if the mortgagee or agent otherwise becomes aware of abandonment, the mortgagee or agent shall file notification of the abandoned property within five (5) business days on a form with the Department or its designee or by an electronic process prescribed by the Director that includes a description of the external condition of the property, whether there is an accessible structure on the property, and the contact information for a person with the mortgagee or agent responsible for inspection and securing of the property. If there is an accessible structure, the mortgagee or agent shall secure it so there are no accessible structures.
(9)
Fees.
(a)
The fee for registration of property with a mortgage loan in
default shall be three hundred dollars ($300) and shall be due upon
registration.
(b)
The registration form and fee may be transmitted electronically
or by any other means to be determined by the Director or designee.
The annual registration shall be valid from the date of the initial
obligation to register the property pursuant to City Ordinance, the
registration form is completed and filed with the Department or its
designee, and the registration fee is received by the Department or
its designee.
(c)
There shall be no fee for filing an amended registration or
for filing a registration termination.
(10)
Penalties.
(a)
Failure to Register or to File Amendment. Any mortgagee or agent
that fails to register as required under Subsection (4), fails to
file an amendment as required under Subsection (5), or fails to file
a termination as required under Subsection (6), shall be jointly and
severally responsible, and, upon conviction, forfeit not less than
five hundred dollars ($500) nor more than two thousand dollars ($2,000),
together with the cost of the prosecution. In default of payment thereof,
the person shall be imprisoned in the Milwaukee County House of Correction
until such forfeiture and costs are paid, but not more than the number
of days set forth in Section 800.095(1)(b)1 of the Wisconsin Statutes.
Each and every day that an offense continues constitutes a separate
offense.
(b)
Failure to Inspect. Any mortgagee or agent that fails to inspect
or reinspect a property as required under Subsection (7) shall be
jointly and severally responsible, and, upon conviction, forfeit not
less than two hundred fifty dollars ($250) nor more than one thousand
dollars ($1,000), together with the cost of the prosecution. In default
of payment thereof, the person shall be imprisoned in the Milwaukee
County House of Correction until such forfeiture and costs are paid,
but not more than the number of days set forth in Section 800.095(1)(b)1
of the Wisconsin Statutes. Each and every day that an offense continues
constitutes a separate offense.
(c)
Failure to Notify about Abandoned Property. Any mortgagee or
agent that fails to file notification about abandoned property as
required under Subsection (8) shall be jointly and severally responsible,
and, upon conviction, forfeit not less than eight hundred dollars
($800) nor more than two thousand five hundred dollars ($2,500), together
with the cost of the prosecution. In default of payment thereof, the
person shall be imprisoned in the Milwaukee County House of Correction
until such forfeiture and costs are paid, but not more than the number
of days set forth in Section 800.095(1)(b)1 of the Wisconsin Statutes.
Each and every day that an offense continues constitutes a separate
offense.
(d)
Failure to Secure Accessible Abandoned Property. Any mortgagee
or agent having a duty to file notification of abandoned property
that fails its duty to secure the property as required under Subsection
(8) shall be jointly and severally responsible, and, upon conviction,
forfeit not less than eight hundred dollars ($800) nor more than two
thousand five hundred dollars ($2,500), together with the cost of
the prosecution. In default of payment thereof, the person shall be
imprisoned in the Milwaukee County House of Correction until such
forfeiture and costs are paid, but not more than the number of days
set forth in Section 800.095(1)(b)1 of the Wisconsin Statutes. Each
and every day that an offense continues constitutes a separate offense.
(e)
Failure to Maintain Records. Any mortgagee or agent that fails
to maintain records required in Subsection (7) shall be jointly and
severally responsible, and, upon conviction, forfeit not less than
one hundred dollars ($100) nor more than five hundred dollars ($500),
together with the cost of the prosecution. In default of payment thereof,
the person shall be imprisoned in the Milwaukee County House of Correction
until such forfeiture and costs are paid, but not more than the number
of days set forth in Section 800.095(1)(b)1 of the Wisconsin Statutes.
Each and every day that an offense continues constitutes a separate
offense.
[Ord. O-2017-0039, 11/7/2017]
(1)
Findings. In order to promote safe and orderly public places and
commercial properties, the Common Council finds that any commercial
property that has facilitated or been the location of three (3) or
more nuisance activities in a one-hundred-eighty-day period, may be
required to install a security camera system to help ensure the safety
and welfare of the people of the City of West Allis.
(2)
Definitions.
(a)
"Commercial Property" means use of property that is not classified
by the City Assessor as residential and includes classifications of
mixed use, multifamily, commercial, manufacturing, industrial and
institutional property classifications.
(b)
"Incident" means separate acts of nuisance activity. A single
incident that incorporates multiple nuisance activities at the same
time will only be counted as one (1) incident. Multiple separate incidents
in one (1) day will constitute separate incidents for counting purposes.
(c)
"Occupant" means one who has possessory rights in, or control
over, certain property or premises.
(d)
"Owner" means each person or legal entity who jointly or severally
is vested with all or part of legal title to (or beneficial ownership
of) the premises, and who has the right to use and enjoyment of the
premises. The term includes, but is not limited to, a mortgagee in
possession, a trustee, a trust, a life estate holder, a condominium
association, a land-contract buyer, a general partnership, a limited
partnership, a limited liability company, a cooperative, and a corporation
or other property ownership type.
(e)
"Nuisance Activities" includes those activities or acts as described
in Subsection 18.03(2). "Nuisance activities" also includes:
1.
Acts against life or bodily security as enumerated in Sections
940.01 through 940.32, Wis. Stat.
2.
Acts against property as enumerated in Sections 943.01 through
943.50, Wis. Stat.
3.
Acts involving illegal possession or use of firearms as enumerated
in Ch. 941 and Section 948.60, Wis. Stat.
4.
Keeping a place of prostitution as defined in Section 944.34,
Wis. Stat., or leasing a building that is being used to violate Section
944.34, Wis. Stat.
(3)
Procedure. Whenever the Police Chief or one of his/her designees identifies that three (3) or more nuisance activities have occurred at a commercial property in separate incidents during a one-hundred-eighty-day period, the Police Chief, designee, or the City Attorney may issue the premises owner or occupant a written order to install and maintain a surveillance system for a nuisance commercial property (hereafter "order"), to notify the owner or occupant of his/her requirement to install a security camera system in compliance with Subsection (4) of this section. The premises owner or occupant shall have sixty (60) days from the date of the notification to install and maintain for two (2) years, a security camera pursuant to Subsection (4).
(a)
This notice shall be deemed properly delivered if sent by either
first class mail to the premises owner's or occupant's last
known address or if delivered in person to the premises owner or occupant.
If the premises owner or occupant cannot be located, the notice shall
be deemed to be properly delivered if a copy is left at the premises
owner's or occupant's usual place of abode in the presence
of some competent member of the family at least fourteen (14) years
of age or a competent adult currently residing there. If a current
address cannot be located, it shall be deemed sufficient if a copy
of the notice is sent by first-class mail to the last known address
of the owner as identified by records kept by the West Allis Assessor's
Office.
(b)
The notice shall contain: the legal description or street address
of the premises; a description of the nuisance activities 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 via Section 18.04 for ongoing nuisance activity; a statement
that the premises owner or occupant shall within sixty (60) days from
the date of notification, comply with the requirements of Subsection
(4); and a notice of the premises owner's or occupant's
right to appeal pursuant to Subsection (5).
(c)
Failure of the commercial property owner or occupant to comply
with the order for a security system as outlined in this section may
constitute grounds for nonrenewal, suspension, or revocation of a
license or permit for the premises and/or declaration that the property
is a chronic public nuisance under West Allis RMC Section 18.04 of
this code.
(4)
Security Camera Requirements. Any premises owner or occupant subject to Subsection (3) shall comply with the following regulations:
(a)
Security cameras shall be installed and maintained in proper
working order and operate during all hours that the commercial property
is open to customers or employees. Each security camera shall display
an accurate date and time stamp on each image and produce retrievable
images suitable for permanent police records.
(b)
Security cameras shall be installed so as to provide clear images
of the entire premises including areas as specified on a license or
permit as well as the public right-of-way abutting the premises and
any off-street parking lot used by patrons and/or employees. In addition,
at least one security camera shall provide an overall view of each
counter and register area, and at least one security camera shall
be positioned to provide a clear, identifiable, full-frame image of
the face of each person entering and leaving commercial properties
at each entrance and exit. Security camera view shall not be obstructed
by premises fixtures or displays. The police may encourage the commercial
property to position and use additional security cameras to bolster
overall crime-prevention efforts.
(c)
Surveillance video quality must be of a sufficient resolution
for persons to be easily identified by law enforcement and to aid
in the investigation of incidents at the premises. If the surveillance
video system implemented by the premises owner or occupant is of insufficient
video quality, the Police Department, License and Health Committee,
or Safety and Development Committee may require additional action
by the premises owner or occupant to bring the surveillance video
system up to sufficient quality and/or the noncompliance may result
in a violation and penalties for violating the ordinance.
(d)
If a time lapse surveillance system is used, said system and
interval of image recording must be approved by the Chief of Police
or his/her designee to ensure that the system is sufficiently capable
of providing sufficiently reliable surveillance. Once approved, the
interval of recording shall not be changed without approval of the
Chief of Police or his/her designee.
(e)
All security camera footage recordings shall be stored and maintained
by the owner or occupant in good viewing order for at least thirty
(30) days after the original recording.
(f)
All camera footage shall be made available upon request, within
the requested time frame, to the License and Health Committee, the
Safety and Development Committee, and/or to law enforcement officers.
Employees at the commercial property must be able to make duplicate
copies of video recordings during hours that the property is open
to customers or employees.
(g)
Security camera systems shall be capable of copying all images
in an accessible form while maintaining the native format. Digital
video recordings made by security camera systems on a disk storage
format, such as CDs or DVDs, shall be copied onto a disk storage format
whenever the system's video recording media reaches capacity,
but not less frequently than once every thirty (30) days. All security
camera footage requested by the License and Health Committee, the
Safety and Development Committee, or law enforcement officers shall
be provided on a disk storage format, such as CD-Rs or DVD-Rs. Security
camera system playback software needed to view recorded images shall
be copied onto each disk storage format used to store recorded video
images.
(h)
On-duty commercial property employees or managers, whether employed
by the premises owner or premises occupant, shall provide a copy of
recorded digital images to law enforcement officers immediately upon
request. If the request cannot be immediately complied with, no surveillance
footage may be deleted or purged from the system until the officer's
request for surveillance recordings has been fulfilled.
(i)
The surveillance security cameras shall be maintained in proper
working order for a period of at least two (2) years from the date
of delivery of the notice in Subsection (3).
(5)
Order to remain. The order to install and maintain a surveillance system for a nuisance commercial property shall remain with either the owner or the occupant for the duration of the time prescribed in Subsection (3) unless the owner or occupant is granted relief under Subsection (7) applies.
(a)
If the order to install and maintain a surveillance system for
a nuisance commercial property has been made to an occupant of a nuisance
commercial property, said order will remain with that occupant for
the time prescribed in Subsection (3) so long as that entity remains
in the City of West Allis. An occupant or entity subject to said order
cannot circumvent the order by moving to a new location within the
City of West Allis.
(b)
If the order to install and maintain a surveillance system for
a nuisance commercial property has been made to an owner of a nuisance
commercial property, said order will remain on the nuisance commercial
property location for the time prescribed in Subsection (3).
(6)
Relief from Order. An owner or occupant subject to an order by the Police Chief or his/her designee pursuant to Subsection (3) may submit a petition for relief from order to the Administrative Appeals Review Board pursuant to Section 2.48 of the Revised Municipal Code.
(7)
Procedure for Petition for Relief from Order. Any person affected
by an order issued under this section shall, within thirty (30) days
of the date of service or publication of the order, or within thirty
(30) days of a change in occupancy or ownership, or circumstances
of the commercial property subject to the order, apply to the Administrative
Appeals Review Board for review of the order, or be forever barred.
The Board shall determine the reasonableness of the order. Any person
aggrieved by the determination of the Administrative Appeals Review
Board shall appeal to the Circuit Court as provided in Wisconsin Statutes
Chapter 68.
(8)
Penalties. Any commercial property owner or occupant who violates
any of the provisions of this section shall, upon conviction, forfeit
not less than five hundred dollars ($500) nor more than one thousand
dollars ($1,000), and in default of payment thereof, be imprisoned
as provided by law. Each and every day of the violation constitutes
a separate offense.
