[Adopted 8-8-2016 by Ord.
No. 03-16]
The Prescott Common Council finds that certain premises within
the City receive and require more than the general, acceptable level
of police services, place an undue and inappropriate burden on City
of Prescott taxpayers, and constitute public nuisances. Nuisance activity
contributes to the general decay of an affected neighborhood and negatively
impacts law-abiding residents in these neighborhoods. The vast majority
of properties with chronic nuisance activity are nonowner occupied.
This article is enacted to encourage premises owners to recognize
their responsibility to ensure that activities occurring on their
premises conform to the law and do not unduly burden the City's
police resources, and to provide a mechanism for the City to take
action against premises owners who fail to ensure premises they own
do not require a disproportionate level of police resources to be
devoted to such premises. This article provides a method for police
to use in a progressive manner when working with property owners to
abate nuisance activities occurring on their premises. Therefore,
the Common Council determines that the City will charge the owners
of such premises with the costs associated with abating nuisance activity
at premises where nuisance activities chronically occur. This section
is not intended to discourage crime victims or a person in legitimate
need of police services from requesting them.
For the purposes of this section:
The City of Prescott Police Department Chief of Police or
designee.
A premises that meets any of the following criteria:
A premises which has generated three or more calls for police
services that have resulted in enforcement action for nuisance activities
on three separate days within a ninety-day period. Three or more calls
for police services resulting in enforcement action for nuisance activities
includes enforcement action taken against any person associated with
the premises while at or within 200 feet of the premises for a nuisance
activity;
A premises for which a Pierce County Court of law has determined
that, pursuant to a search warrant request, probable cause exists
that manufacture, distribution or delivery of a controlled substance
has occurred on or in association with the premises within 30 days
prior to the date of the search warrant application; or
Is a premises which has had one enforcement action associated
with the premises resulting from the manufacture, delivery or distribution
of a controlled substance(s), as defined in Ch. 961, Wis. Stats.
The notice issued by the Chief of Police and referred to in § 443-14A of this article.
Any of the following: The physical arrest of an individual(s),
the issuance of a citation for a law violation and/or referral of
charges by the police to the District Attorney for prosecution for
nuisance activities.
Any of the following activities, behaviors or conduct:
An act of harassment as defined in § 947.013, Wis.
Stats.
Disorderly conduct as defined in § 947.01, Wis. Stats.
Crimes of violence as defined in Ch. 940, Wis. Stats.
Resisting or obstructing an officer as prohibited by § 946.41,
Wis. Stats.
Indecent exposure as prohibited by § 944.20(1)(b)
Wis. Stats.
Damage to property as prohibited by § 943.01, Wis.
Stats.
The production or creation of noises disturbing the peace, as prohibited by § 435-9.
Discharge of a firearm as prohibited by § 435-3.
Crimes involving illegal possession of firearms as defined in
§§ 941.23, 941.26, 941.28, 941.29 and 948.60, Wis.
Stats.
Trespass to land as defined in § 943.13, Wis. Stats, or criminal trespass to dwelling as defined in § 943.14, Wis. Stats, or unlawful trespass as prohibited in § 435-26.
Theft as defined in § 943.20, Wis. Stats.
Arson as defined in § 943.02, Wis. Stats.
Possession, manufacture, distribution or delivery of a controlled
substance or related offenses as defined in Ch. 961, Wis. Stats.
Maintaining a drug dwelling as defined in § 961.42,
Wis. Stats.
Any natural person, agent, association, firm, partnership,
corporation or other entity capable of owning, occupying or using
property in the City of Prescott.
Any person who, whenever engaged in a nuisance activity,
has entered, patronized, visited, or attempted to enter, patronize
or visit, or waited to enter, patronize or visit a premises or person
present on a premises, including, without limitation, any officer,
director, customer, agent, employee, or any independent contractor
of a property, person in charge, or owner of a premises.
Any person, in actual or constructive possession of a premises,
including, but not limited to, an owner or occupant of the premises
under his or her ownership or control.
A place of abode, a residence, a house or multiple dwelling
unit for one or more persons, including lodging houses, hotels, motels
and tourist rooming houses, and associated common areas, yards and
parking lots. In the case of multiple dwelling units, "Premises",
as used in this section, may consist of any single unit providing
complete, independent living facilities for one or more persons, including
provisions for living, sleeping, eating, cooking and sanitation.
A.
Notice. Upon finding that a premises meets the definition of a chronic
nuisance premises, the Chief of Police may declare the premises a
chronic nuisance premises. The Chief of Police shall provide written
notice of his or her determination to the premises owner identified
by the City of Prescott Assessor's records for that premises.
The chronic nuisance premises notice ("CNP Notice") shall be deemed
delivered if sent either by first class mail to the premises owner's
last known address or 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 of it is left at the premises owner's
usual place of abode in the presence of some competent member of the
family at least 14 years of age, or a competent adult currently residing
there and who shall be informed of the contents of the CNP notice.
If a current address cannot be located, it shall be deemed sufficient
if a copy of the CNP notice is sent by first class mail to the last
known address of the owner as identified by the records of the City
Assessor. The CNP notice shall contain the following information:
(1)
Street address, parcel number or a legal description sufficient to
identify the premises.
(2)
A concise statement, including a description of the relevant activities
supporting the determination that the premises is a chronic nuisance
premises.
(3)
A statement that the owner shall immediately notify the Chief of
Police of any change in address to ensure receipt of future notices.
(4)
A statement that the cost of future enforcement may be assessed as
a special charge against the premises.
(5)
A statement that the owner shall, within 10 days of receipt of the
CNP notice, respond to the Chief of Police either with an appeal or
to propose a written course of action to abate the nuisance activities.
The statement shall direct the premises owner to schedule a meeting
with the Chief of Police to discuss the nuisance activity and the
premises owner's intent regarding abatement.
(6)
A statement that the premises owner shall, when appropriate, consider
and implement alternatives to eviction when formulating an abatement
plan.
(7)
A statement that the premises owner may be subject to a forfeiture
action with a penalty of not less than 500 nor more than $1,000 for
permitting a chronic nuisance premises and may be subject to imprisonment
for failure to pay such forfeiture.
B.
Determination.
(1)
In reaching a determination that a premises is a chronic nuisance
premises, activities that were reported to the police by the premises
owner or on-site premises manager shall not be included as nuisance
activities.
(2)
Section 968.075, Wis. Stats. broadly defines "domestic abuse." Therefore, in reaching a determination that a premises is a chronic nuisance premises, activities that are "domestic abuse" incidents pursuant to § 968.075, Wis. Stats., shall not be included as nuisance activities unless the incidents have been reviewed by the Chief of Police and a determination is made that, based upon the specific facts of each incident, the activities should be deemed Nuisance Activities under § 443-13. In determining whether to include such activities, the Chief of Police shall consider the strong public policy in favor of domestic victims reporting alleged abuses, and this article shall not operate to discourage such reports.
C.
Owner response.
(1)
If the owner responds to the CNP Notice pursuant to Subsection A with a nuisance abatement proposal, the Chief of Police may accept, reject or work with the owner to modify the proposal. The plan is acceptable if it can reasonably be expected to result in abatement of the nuisance activities described in the CNP notice within 60 days.
(2)
Premises owners shall be counseled regarding nuisance abatement methods
and strategies and shall be encouraged to submit a comprehensive nuisance
abatement plan that considers alternatives to eviction in situations
where eviction is not the sole remedy available to abate the nuisance
activity.
(3)
Premises owners shall be counseled regarding use of available resources,
including community service providers, when nuisance activity associated
with the premises is not caused or contributed to by the direct actions
of a tenant.
(4)
If the premises owner meets with the Chief of Police and presents an acceptable abatement plan and initiates action to abate the nuisance activities occurring on the premises, the Police Department will delay further enforcement of this article, including cost recovery under § 443-15A.
(5)
If the premises owner ceases to cooperate with the efforts to abate
the nuisance activities, the Chief of Police will reinstitute enforcement
of this article and the premises owner will be sent a change in status
letter. This letter will document the police department, efforts to
contact and/or obtain cooperation of the owner.
(6)
Failure by the premises owner to respond within 10 days as directed
in this subdivision shall result in a forfeiture of $1,000 plus court
costs and fees. Whenever the Chief of Police determines that any of
the following have occurred:
(a)
A premises owner has failed to respond to the CNP Notice in
§ 443-43A; or
(7)
Then the Chief of Police may calculate the cost of enforcement to
abate this and any subsequent nuisance activities and may refer such
cost to the Finance Director so that the cost may be billed to the
premises owner.
(8)
The Chief of Police shall notify the premises owner of the decision to refer the cost of enforcement to the Finance Director. Delivery of this notice, along with a copy of the Chief's referral letter to the Finance Director, shall be made as set forth in Subsection A. The notice shall contain:
A.
Cost recovery. The Chief of Police shall keep an accurate account of the cost of enforcement and shall report it to the Finance Director. The Finance Director shall establish a reasonable charge for the costs of enforcement of this section. Upon receipt of a notice from the Chief of Police issued pursuant to § 443-13, the Finance Director shall charge any premises owner found to be in violation of this section the costs of enforcement in full or in part. Such costs shall be billed to the premises owner by invoice sent by regular mail and must be paid within 30 days of the date on the invoice. Any unpaid invoice shall be a lien on such premises and may be assessed and collected as a special charge pursuant to Wis. Stats. administrative fee § 66-0627, of $100 shall be added to the cost of enforcement charged to the benefited premises any time the premises is declared a chronic nuisance premises.
B.
Suspension of cost recovery. If after the receipt of a billing notice
from the Finance Director, the premises owner develops an acceptable
plan and initiates action to abate nuisance activities occurring on
the premises, the Chief of Police will suspend further enforcement
of this article. The premises owner is still responsible for any enforcement
costs incurred prior to the premises owner's submitting an abatement
plan, including the administrative fee. If the premises owner ceases
to cooperate with the efforts to abate the nuisance activities, the
Chief of Police will reinstitute enforcement of this article after
sending the premises owner a change in status letter.
C.
Forfeiture. A forfeiture action may be commenced by the Chief of
Police for each enforcement action for nuisance activity occurring
after the premises has been declared a chronic nuisance premises.
The forfeiture shall be not less than $500 nor more than $1,000 for
each enforcement action.
A.
It shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant or otherwise retaliate against any tenant that complained to the Chief of Police about nuisance activities on the landlord's premises. It shall be unlawful for a landlord, or any person acting as an agent for the landlord, to intimidate or actively discourage a tenant and/or persons associated with a tenant, from calling the police to report nuisance activity associated with a premises. It shall be presumed that any attempt to increase charges, reduce services, or to otherwise harass or retaliate against the tenant during the twelve-month period following receipt of the complaint by the Chief of Police 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. 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 § 443-13; violating the terms and conditions of the lease agreement or periodic tenancy or as otherwise provided in Ch. 704, Wis. Stats. and Wis. Admin. Code Ch. A134. A landlord's failure to renew a lease agreement or periodic tenancy upon expiration of such lease agreement or periodic tenancy shall not be deemed a violation of this subsection.
B.
"Good cause," as used in this section, 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.
The public nuisance created by a chronic nuisance premises shall
be deemed abated when no enforcement action to address nuisance activities
occurs for a period of six consecutive months from the date stated
on the notice declaring the premise a chronic nuisance premises generated
for a period of six consecutive months from the date stated on the
notice declaring the premises a chronic nuisance premises.
The provisions of any part of this section are severable. If
any provision or subsection hereof or the application thereof to any
person or circumstances is held invalid, the other provisions, subsections
and applications of such ordinance to other persons or circumstances
shall not be affected thereby. It is declared to be the intent of
this section that the same would have been adopted had such invalid
provisions, if any, not been included herein.
The Chief of Police shall annually report to the Common Council
on the following:
