Number
131031
Version
ORIGINAL
Reference
Sponsor
ALD. BOHL, DAVIS, ZIELINSKI
Title
An ordinance relating to repeated occurrence of nuisance activities.
Sections
80-10-3-a-1-0 am
80-10-6-a-0 am
80-10-6-a-2 am
Analysis
Currently, whenever the chief of police determines that the police department has responded to 3 or more nuisance activities that have occurred at a premises on separate days during a 30-day period or that the police department has responded to 2 or more nuisances of certain types that have occurred at a premises within one year, the chief of police may notify the premises owner or other responsible party in writing that the premises is a nuisance.
Under this ordinance, each separate and distinct incident shall constitute a nuisance activity such that multiple separate and distinct incidents occurring at a premises on a single day will be considered separate nuisance activities.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 80-10-3-a-1-0 of the code is amended to read:
80-10. Chronic Nuisance Activities.
3. PROCEDURE. a. Notices.
a-1. Whenever the chief of police determines that the police department has responded to 3 or more nuisance activities that have occurred at a premises [[on separate days]] during a 30-day period or that the police department has responded to 2 or more nuisances of the types defined in sub. 2-c-1-e, i to L that have occurred at a premises within one year, the chief of police may notify the premises owner or other responsible party in writing that the premises is a nuisance. >>For purposes of this section, each separate and distinct incident shall constitute a nuisance activity, and 2 or more separate and distinct incidents occurring on the same day shall be counted separately.<< This notice shall contain:
Part 2. Section 80-10-6-a-0 is amended to read:
6. CHRONIC NUISANCE PREMISES.
a. Whenever a premises owner or other responsible party has been notified that a nuisance exists at his or her premises and has been billed [[on]] >>for<< 3 or more separate [[dates]] >>nuisance activities<< within a one-year time period for the costs of enforcement, the chief of police may designate the premises as a chronic nuisance premises. Delivery of this notice shall be made as set forth in sub. 3-b. The chronic nuisance premises letter shall contain:
Part 3. Section 80-10-6-a-2 of the code is amended to read:
a-2. A statement that the premises owner or other responsible party has been billed, [[on]] >>for<< 3 or more separate [[dates]] >>nuisance activities<<, for the costs of enforcement within a one-year time period, along with a concise description of the nuisance activities, bills and relevant sections of the code.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB148453-1
TWM:lp:
11/8/2013