ORDINANCE #O21-4237 AN ORDINANCE INTRODUCED BY POLICE CHIEF NICK ALEXANDER OF THE CITY AMENDING SECTION 86-13, CHRONIC NUISANCE PREMISES, OF THE CODE OF ORDINANCES.

Published May 14, 2021 at 3:01 AM

ORDINANCE #O21-4237
AN ORDINANCE INTRODUCED BY POLICE CHIEF NICK ALEXANDER OF THE CITY AMENDING SECTION 86-13, CHRONIC NUISANCE PREMISES, OF THE CODE OF ORDINANCES.
The Common Council of the City of Superior, Wisconsin, does ordain as follows:
SECTION 1. Section 86-13, Chronic Nuisance Premises of the City Code of Ordinances is hereby amended to read as follows:
Sec. 86-13. Chronic nuisance premises.
(a) Definitions. The following terms shall be defined as follows in this section:
Chief. The chief of police or his or her designee.
Enforcement action. Arrest, the issuance of a citation, or the issuance of a written warning.
Nuisance activity. Any of the following activities, behaviors, or conduct occurring on a premises:
(1) An act of harassment, as defined in Wis. Stats. § 947.013 and section 86-21 of this Code.
(2) Disorderly conduct, as defined in (Wis. Stats. § 947.01 and section 86-5 of this Code.
(3) Battery, substantial battery, or aggravated battery, as defined in (Wis. Stats. § 940.19.
(4) Lewd and Lascivious Behavior, as defined in Wis. Stats. § 944.20.
(5) Prostitution, as defined in Wis. Stats. § 944.30.
(6) Theft, as defined in Wis. Stats. § 943.20.
(7) Receiving stolen property, as defined in Wis. Stats. § 943.34.
(8) Arson, as defined in Wis. Stats. § 943.02.
(9) Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Wis. Stats. ch. 961.
(10) Gambling, as defined in Wis. Stats. § 945.01.
(11) Animal violations, as defined in Chapter 22 of this Code.
(12) Trespassing, as defined in Wis. Stats. §§ 943.13 and 943.14, subsection 86-5(4) of this Code.
(13) Weapons violations, as defined in section 86-74 of this Code.
(14) Underage drinking, as defined in section 14-1 of this Code.
(15) Procuring beer or alcohol for a minor, as defined in Wis. Stats. ch. 125 and adopted through section 14-1 of this Code.
(16) Crimes of violence as defined in Wis. Stats. Chapter 940.
(17) Obstructing or resisting an officer as defined in Wis. Stats. § 946.71 and §102-1 of this Code.
(18) Damage to property as defined in Wis. Stats. §943.01 and § 86-8 of this Code.
(19) The execution of arrest or search warrants at a particular location.
(20) Any conspiracy to commit, as defined in Wis. Stats. § 939.31, or attempt to commit, as defined in Wis. Stats. § 939.32, any of the activities, behaviors, or conduct enumerated in subsections (1) through (19) above, if applicable.
Premises. Any property used as a residence or a business, including buildings and yards and common areas or spaces (all units in an apartment building shall be considered as one premises).
(b) Notice. Whenever the chief determines that three or more nuisance activities resulting in enforcement action have occurred at a premises on separate days during a 12-month period, the chief may notify the premises owner or management agent in writing. In reaching this determination, the chief shall not count nuisance activities that were reported by the owner or manager of the premises. 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 and a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises. The notice shall be delivered certified mail to the record owner or management agent of the property in question.
(c) Abatement plan. Any owner or agent receiving notice pursuant to the provision above shall meet with the chief or his/her designee within seven business days of receipt of such notice. The parties shall review the problems occurring at the property. Within ten calendar days of this meeting, the owner or agent shall submit to the chief, or his/her designee, an abatement plan to end the nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, fire, or inspection contact. The contact information as required by the plan shall be placarded by the chief or his/her designee on the exterior of the property in conspicuous locations and shall remain placarded for the duration of the chronic nuisance declaration and while the abatement plan is in place. The placard may only be removed by the authority of the chief or his/her designee. Any person who defaces or removes the contact information placard shall be subject to a forfeiture of no less than $100.00, plus costs and assessments.
(d) Additional nuisance activity. Whenever the chief determines that additional nuisance activity has occurred at a premises for which notice has been issued pursuant to subsection (b) above, that this nuisance activity has occurred not less than 17 days nor more than 180 days after notice has been issued, and that reasonable efforts have not been made to abate the nuisance activity, the chief may calculate the cost of police response and enforcement for this and any subsequent nuisance activities and cause such charges and administrative costs to be assessed and collected as a special charge.
(e) First offense. Any person who shall violate any provision of this section or any regulation, rule or order made hereunder, including the obligation to timely attend an abatement meeting or to timely submit an abatement plan pursuant to subsection (c) above, shall forfeit not less than $250.00 nor more than $1,000.00, plus costs.
(f) Subsequent offenses. Any person who shall violate any provision of this section or any regulation, rule, or order made hereunder within 24 months after committing a previous violation of this section shall forfeit not less than $500.00 nor more than $2,000.00, plus costs.
(g) No limitation of authority. This section shall in no way limit the authority of the City of Superior, or any citizen to abate a public or private nuisance according to law.
SECTION 2. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence or clause or phrase or portion thereof.
SECTION 4. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law.
Passed and adopted this 4th day of May, 2021.
(May 14, 2021)
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