Village of Baldwin, WI Nuisance Properties

The Village Board finds that any premises that generates four or more responses in a one-year period by the Police Department, the Building Inspector, or the Health Department for nuisance activities, as defined in § 406-2 below, has received more than the level of general and adequate Village service and has placed an undue and inappropriate burden on the taxpayers of the Village. The Village Board therefore authorizes the Chief of Police, as provided in this chapter, to require the premises' owners to comply with nuisance abatement plans and to charge the owners of such premises the costs associated with abating the violations at the premises where nuisance activities chronically occur.

The Village Board further finds that individuals should have no fear in calling the police at any time and that no one, including the owner of a premises, tenants of a premises, or any Village officials, including police officers, should in any way attempt to discourage anyone from calling the police.

§ 406-2 Definitions.

The following terms shall be defined as follows in this chapter:

BUILDING INSPECTOR RESPONSE

The Baldwin Building Inspector went to the premises for an inspection at the premises, and as a result thereof, a citation is issued for a violation of the Building or Zoning Code.

CHIEF

The Chief of Police or his or her designee.

HEALTH DEPARTMENT RESPONSE

A member of the St. Croix County Health Department or other health department having jurisdiction went to the premises for an inspection at the premises, and as a result thereof, a citation is issued for a violation of any provision of the Baldwin Code that the Health Department is responsible for enforcement.

OWNER

A person who has legal title or possession, charge, care or control of premises, including as executor, administrator, trustee, or guardian of the estate of a person or property.

PERSON

Includes a corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, limited liability company or any other legal entity.

PERSON ASSOCIATED WITH PREMISES

The premises' owner, operator, manager, resident, occupant, guest, visitor, or person present on the premises (other than trespasser) or employee or agent of any of the above persons associated with the premises.

POLICE DEPARTMENT RESPONSE

At least one sworn on-duty Baldwin police officer went to a premises and the event is logged in the Police Department's record of police activity.

PREMISES

An individual building, dwelling, or dwelling unit and associated common areas or vacant land.

"Nuisance activity" means any of the following activities, behaviors, or conduct whenever engaged in by persons associated with a premises that causes or results in:

(1)

An act of harassment, as defined in § 947.013, Wis. Stats.

(2)

Disorderly conduct, as defined in § 947.01, Wis. Stats.

(3)

Battery, substantial battery, or aggravated battery, as defined in § 940.19, Wis. Stats.

(4)

Lewd and lascivious behavior, as defined in § 944.406, Wis. Stats.[1]

[1]

Editor's Note: See § 944.20, Wis. Stats.

(5)

Prostitution, as defined in § 944.30, Wis. Stats.

(6)

Theft, as defined in § 943.406, Wis. Stats.[2]

[2]

Editor's Note: See § 943.20, Wis. Stats.

(7)

Receiving stolen property, as defined in § 943.34, Wis. Stats.

(8)

Arson, as defined in § 943.02, Wis. Stats.

(9)

Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Ch. 961, Wis. Stats.

(10)

Gambling, as defined in § 945.02, Wis. Stats.

(11)

Trespassing, as defined in §§ 943.13 and 943.14, Wis. Stats.

(12)

The execution of arrest or search warrants at a particular premises.

(13)

Alcohol violations, as defined in the Village Code and § 125.07, Wis. Stats.

(14)

Obstructing or resisting an officer, as defined in § 946.41, Wis. Stats.

(15)

Violation of occupancy restrictions, as defined in the Village Municipal Code (VMC).

(16)

Village of Baldwin Building Inspector response where the Police Department also responds or any Building Inspector response that results in the issuance of a citation for violation of the Village Zoning or Building Code.

(17)

Health Department response where the Police Department also responds or any Health Department response that results in the issuance of a citation for violation of the Village Code.

(18)

Public indecency prohibited, VMC § 190-3.

(19)

Animals, VMC Chapter 205.

(20)

Fireworks, VMC Chapter 307.

(21)

Curfew, VMC § 361-1.

(22)

Truancy, VMC § 361-6.

(23)

Purchase or possession of tobacco products, VMC § 361-8.

(24)

Public nuisances affecting peace and safety, VMC § 405-5.

(25)

Regulation of firearms, explosives and other missiles, VMC § 428-3.

(26)

Loud and unnecessary noise prohibited, VMC § 428-9.

(27)

Disorderly conduct, VMC § 428-10.

(28)

Failure to obey a lawful order; resisting an officer, VMC § 428-12.

(29)

Gambling, lotteries, fraudulent devices and practices prohibited, VMC § 428-17.

(30)

Minimum property maintenance standards, VMC § 445-1.

(31)

Contributing to the delinquency of a child, VMC § 428-1.

(32)

Underage drinking violations, VMC § 1-5, and Chapter 349 of this Code generally.

(33)

Any conspiracy to commit, as defined in § 939.31, Wis. Stats., or attempt to commit, as defined in § 939.32, Wis. Stats., any of the activities, behaviors, or conduct enumerated in this Subsection B.

(34)

Violations of Chapter 463, "Rental Housing," of this Code, generally.

§ 406-3 Procedure.

Whenever the Chief determines that the Police Department, Building Inspector or Health Department has responded to four or more nuisance activities that have occurred at a premises during any consecutive twelve-month period, the Chief may notify the premises' owner in writing that the premises constitutes a chronic nuisance. In calculating the requisite nuisance activities, the Chief may count separate qualifying nuisance activities occurring on the same day (as long as they are distinct in time) or different days. The Chief may consider whether or not to count a qualifying nuisance activity when it is reported by a person associated with the premises under circumstances that would encourage and not penalize reporting and that it would facilitate police response for the benefit of the community.

(1)

The notice shall contain the street address or legal description sufficient to identify 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, and a notice as to the appeal rights of the owner.

(2)

Pursuant to § 66.0627(7), Wis. Stats., Police Department responses related to a) domestic abuse, as defined in § 813.12(1)(am), b) sexual assault, as described under §§ 940.225, 948.02, and 948.025, or c) stalking, as described in § 940.32, shall not be used in calculating the nuisance activities to constitute a chronic nuisance.

The notice required in Subsection A immediately above shall be deemed to be properly delivered if sent either by first-class mail to the premises' owner's last known address (deemed delivered on the third day after depositing in mail) or if delivered in person to the premises' owner. 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 the Village's records.

Exception to § 406-3A. Whenever the Chief determines that the Police Department has responded to two or more nuisance activities related to the manufacture or delivery of controlled substances or related offenses, as defined in Chapter 961 of the Wisconsin Statutes, that have occurred at a premises during any consecutive thirty-six-month period, the Chief may notify the premises' owner in writing that the premises constitutes a chronic nuisance.

§ 406-4 Abatement plan.

Any owner receiving notice pursuant to § 406-3 shall meet with the Chief within five days of receipt of such notice. The parties shall review the nuisance activities occurring at the premises for the purpose of determining the appropriate abatement plan for the premises. If the parties cannot agree, the Chief shall prepare an abatement plan that best provides for the protection of the public health, safety and welfare. Within 10 days of this meeting, unless the Chief agrees in writing to a longer period, the owner shall comply with the abatement plan agreed upon with or prepared by the Chief to end the nuisance activity on the premises. The plan shall also specify a name, address, telephone number and, if applicable, a fax number and e-mail address of a person living within 60 miles of the premises who can be contacted in the event of further police, fire, or inspection contact.

§ 406-5 Violations and penalties.

Any person failing to comply with the abatement plan under § 406-04 shall be subject to a penalty as provided under § 1-4 of the Village Code.

§ 406-6 Additional nuisance activity.

Whenever the Chief determines that 1) additional nuisance activity has occurred within 12 months of the last nuisance activity at a premises for which notice has been issued pursuant to § 406-3, 2) that this additional nuisance activity has occurred not less than 15 days after notice had been served, and 3) that reasonable efforts have not been made to abate the nuisance activity, then the Chief may calculate the cost of police, Building Inspector or Health Department response for this additional and any subsequent nuisance activities occurring within 12 months of the last nuisance activity and shall prepare a statement of such costs to be assessed to the owner of the premises and collected as a special charge against the property pursuant to § 66.0627, Wis. Stats. The Chief shall send the assessment of the cost of police response to the premises' owner and notify the owner in writing that the assessment must be paid within 30 days or it will be levied and collected as a special charge pursuant to § 66.0627, Wis. Stats. This assessment of police, Building Inspector or Health Department costs and the notice shall be prepared and delivered pursuant to § 406-3, and the Chief shall send a copy to the Village Administrator.

§ 406-7 Eviction or retaliation prohibited.

It shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant or otherwise retaliate against any tenant because that tenant reported to the police or any other Village[1] about nuisance activity on the landlord's premises. It shall be presumed that any attempt to increase charges, to reduce services, or to otherwise harass or retaliate against the tenant during the twelve-month period following receipt of the complaint by the Chief constitutes unlawful retaliation under this subsection. Such presumption shall be rebutted by the preponderance of evidence that the actions taken by the landlord were based upon good cause. "Good cause," as used in this subsection, means that a landlord must show good cause for his or her actions, other than one related to or caused by the operation of this section. Notwithstanding the foregoing, a tenant's lease agreement or periodic tenancy may be terminated for a failure to pay rent; committing nuisance activity as defined in § 406-2; violating the terms and conditions of the lease agreement or periodic tenancy or as otherwise provided in Ch. 709, Wis. Stats., and ATCP 134, Wis. Adm. Code. A landlord's failure to renew a lease agreement or periodic tenancy upon expiration of such lease agreement or periodic tenancy shall not, by itself, be deemed a violation of this subsection.

[1]

Editor's Note: So in original.

Any person violating the above section shall be subject to a penalty as provided under § 1-4 of the Village Code.

§ 406-8 Appeal.

The Chief's decision under §§ 406-3, 406-4 or 406-6 may be appealed to the Board of Appeals in accordance with the provisions of Sec. 7.100[1] of the Village Code, except that any appeal of the Chief's decision under §§ 406-3 or 406-4 must be filed within 15 days of receipt of the written decision or order being appealed. The Board of Appeals, after a hearing, may affirm, reverse or remand with recommendations any order, requirement, decision or determination of the Chief made under this article. The Board of Appeals shall decide all appeals under this article within 30 days after final hearing and shall transmit a signed copy of the Board's decision to the appellant and to the Chief.

[1]

Editor's Note: See § 7-9, Administrative appeal, in this Code.