The Village Board finds that any residential property that has generated three or more calls for police service for nuisance activities in one month, or six or more calls in a period of 12 months, has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the Village. The Village Board further finds that residential property owners are in a better position than commercial property owners to control who enters their property and to control the activities which take place thereon, as opposed to commercial property owners, which often hold their properties open to the public. The Village Board further finds that as a matter of policy it does not want to discourage commercial property owners from reporting offenses committed against them.
The Village Board therefore directs the Chief of Police and the Village Clerk, as provided in this article, to charge the owners of such property the costs associated with providing police and administrative services for purposes of abating the violations at property where nuisance activities occur.
As used in this article, the following terms shall have the meanings indicated:
- CHRONIC NUISANCE PROPERTY
- Any residentially zoned or residentially used parcel of land or structure which has generated three or more calls for police service for nuisance activities on separate days in one month, or six or more calls in a twelve-month period.
- A. Any of the following activities, behaviors, or conduct whenever engaged in by property owners, operators, tenants, occupants, or persons associated with a property:
- (1) An act of harassment as defined in § 947.013, Wis. Stats.
- (3) Battery, substantial battery or aggravated battery as defined in § 940.19, Wis. Stats.
- (4) Indecent conduct as defined in § 944.20(1), Wis. Stats.
- (5) Prostitution or keeping a place of prostitution, or leasing a building for the purposes of prostitution as defined in § 944.30 and § 944.34, Wis. Stats.
- (6) Theft as defined in § 943.20, Wis. Stats.
- (7) Arson as defined in § 943.02, Wis. Stats.
- (8) Possession, manufacture or delivery of a controlled substance or related offenses as defined in Ch. 961, Wis. Stats.
- (9) Gambling or other offenses as defined in Village of Elm Grove Code § 171-10 and § 945.02, Wis. Stats.
- (10) Trespass as to building and land as defined in § 943.13, Wis. Stats., or criminal trespass to dwelling as defined in § 943.14, Wis. Stats.
- (11) Discharge of a firearm as defined in Village of Elm Grove Code § 147-1.
- (14) Intoxicating liquor and fermented malt beverage violations as defined in Village of Elm Grove Code Chapter 171.
- (15) Owning, keeping, having or harboring any bird or animal that causes a disturbance of the peace as defined in Village of Elm Grove Code Chapter 95.[Amended 4-28-2009]
- (16) Selling or giving away tobacco products to persons under the age of 18 as defined in § 134.66, Wis. Stats.
- (17) Illegal sale, discharge and use of fireworks as defined in Village of Elm Grove Code Chapter 153.
- (18) Misuse of emergency telephone numbers as defined in Village of Elm Grove Code § 66-11.
- (19) Removal of snow and ice as defined in Village of Elm Grove Code § 243-15.
- (20) Zoning violations as defined in Village of Elm Grove Code Chapter 335.
- (21) Any other offense against peace and good order as defined in Chapter 208.
- B. Exception. Any offenses that may be listed under Subsection A of this definition which are determined to be a domestic violence event as described under § 968.075, Wis. Stats., shall not be considered a nuisance activity for purposes of this article.
- PERSON ASSOCIATED WITH
- Any person who, whenever engaged in a nuisance activity, enters, patronizes, visits, or attempts to enter, patronize or visit, a property, including any officer, director, customer, agent, employee or independent contractor of a property owner, tenant, or occupant.
- Any residentially zoned or residentially used parcel of land or structure.
- VERIFIABLE EVENT
- An event that is initially observed by a police officer, or a call for service that is reported to the Police Department by a known person who is identifiable to support the event, or a call for service that is reported to the Police Department by an unknown person if the event is substantiated by a police officer, or a witness; and the call for service was made.
It shall be unlawful for any property owner, operator, tenant, occupant, or person associated with a property to allow the establishment of, to keep, or to maintain a chronic nuisance property.
Whenever the Chief of Police determines that two nuisance activities have occurred at a property on separate days during any twelve-month period, the Chief of Police may notify the property owner that the property is in danger of becoming a chronic nuisance property.
Whenever the Chief of Police determines that three nuisance activities have occurred at a property on separate days during any calendar month, or six nuisance activities have occurred at a property during a twelve-month period, and said nuisance activities are verifiable events, the Chief of Police shall notify the property owner in writing that the property is a chronic nuisance property, and any further violations within said month or twelve-month period will be cause for levying a special charge against the property pursuant to this article.
The notice described in Subsection B shall be deemed to be properly delivered if sent either by first-class mail to the property owner's last known address or if delivered in person to the property owner. If the property owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the property 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 notice. 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 records of the tax roll.
The notice shall contain:
The street address or a legal description sufficient for identification of the property.
A description of the nuisance activities that have occurred at the property and a statement indicating that the cost of future enforcement or abatement will be assessed as a special charge against the property.
A statement that the property owner shall, within 10 days, respond to the Chief of Police to propose a written course of action to abate the nuisance activities which is acceptable to the Chief.
If the property owner fails to respond within the ten-day period with a written course of action, after receiving a notice pursuant to § 208-15D(3) and it is the third nuisance activity within a calendar year or the sixth nuisance activity within a twelve-month period (per § 208-15B), then it shall become a verifiable event and shall become billable according to § 208-16B.
Each nuisance activity which is a verifiable event following issuance of the notice provided pursuant to § 208-15B, and occurring within the month or twelve-month period in which said notice is provided, shall constitute a separate violation of this article.
Cost recovery. Upon notification from the Chief of Police that a chronic nuisance property has been identified, the Village Clerk shall charge any property owner found to be in violation of this article the costs of police service to the property associated with abatement, including administrative costs, in full or in part. Such costs shall be imposed as a special charge pursuant to § 66.0627, Wis. Stats. Such costs shall be due in full within 30 days. Pursuant to § 66.0627, Wis. Stats., all costs so charged and not paid when due are a lien upon such property and may be assessed and collected as a special charge on the next property tax bill if not paid within the thirty-day period. Interest at 1% per month shall be assessed on any unpaid balance. The Village shall establish a reasonable charge for the costs of administration and enforcement imposed hereunder.
Any person aggrieved by the determination of the Chief of Police issued pursuant to § 208-15A or B or the levying of any special charges pursuant to this article is able to appeal solely to the Board of Trustees. Any appeal to the Board of Trustees under this article shall be made within 10 business days of the date that the Chief of Police issued the decision being appealed from to the Village Clerk. The Board shall consider the matter at the next available regular Board of Trustees meeting. Based upon testimony provided by both the applicant and the Chief of Police, and after consideration of the health, safety and welfare of the Village, the Board may affirm, reverse, or modify the Police Chief's initial decision.