City of Milwaukee - File #: 070318

• File #: 070318
• Version: 0
• Type: Ordinance
• Status: Passed
• File created: 5/30/2007
• In control: PUBLIC SAFETY COMMITTEE
• Final action: 6/19/2007
• Effective date: 7/7/2007
• Title: An ordinance relating to regulation of chronic nuisance premises.
• Sponsors: ALD. DONOVAN, ALD. BAUMAN, ALD. ZIELINSKI
• Indexes: NUISANCES

Date	Ver.	Action By	Action	Result	Tally
7/6/2007	0	CITY CLERK	PUBLISHED
6/26/2007	0	MAYOR	SIGNED
6/19/2007	0	COMMON COUNCIL	PASSED	Pass	14:0
6/7/2007	0	CITY CLERK	Sponsor added
6/7/2007	0	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Appearances: Deputy Inspector Anna Ruzinski, Milwaukee Police Department. Deputy City Attorney Linda Burke. Assistant City Attorney Adam Stephens. Martin Collins, Commissioner of Neighborhood Services. Attorney Heiner Geise appeared in opposition of the proposed changes to Chapter 80-10 of the Milwaukee Code of Ordinances. Assistant City Attorney Stephens summarized the following changes to Chapter 80-10 of the Milwaukee Code of Ordinances: The ordinance: 1. Modifies the definition of “nuisance activity” to include crimes of violence, crimes involving illegal possession of firearms, the possession of counterfeit items and the possession of and delivery of drug paraphernalia. 2. Modifies the definition of a “person associated with the premises” to specifically exclude a person present on the premises, such as a trespasser. 3. Adds a definition of “chief of police”. 4. Permits the use of code provisions for additional nuisance activities that occur more than twice within a year. 5. Requires the police department to include examples of nuisance abatement measures during the initial nuisance notice. 6. Provides for appeal to the administrative review board upon receipt of the initial notice letter. 7. Specifies the premises owner’s responsibilities for complying with the ordinance. 8. Clarifies the police time-frame in which to respond to an owner’s response or lack of response to a nuisance notice. 9. Establishes a time-frame of one year in which a premises owner and the police department may invoke the ordinance. 10. Streamlines the procedure for the issuance of a chronic nuisance premises citation. 11. Permits the issuance and re-issuance of nuisance notices without limitation. Mr. Collins requested the following section of File Number 070318 be changed and an amendment be submitted at the next Common Council meeting. d-3. After the administrative review appeals board affirms the nuisance premises determination as provided in s. 320-11 if an appeal ( if) timely filed pursuant to sub 5-a. The following administrative amendment was made to the following section of Common Council File #070318 at committee: d-3. After the administrative review appeals board affirms the nuisance premises determination as provided in s. 320-11 if an appeal ( is) timely filed pursuant to sub 5-a. Alderman Witkowski requested that the City Attorney's Office provide clarification prior to the June 19th Common Council meeting, as to whether trailer homes are considered a premise similar to a duplex and apartment, and whether they are governed under the regulations of 80-10 of the Milwaukee Code of Ordinances.	Pass	4:0
5/31/2007	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
5/30/2007	0	COMMON COUNCIL	ASSIGNED TO

Number
070318
Version
ORIGINAL
Reference

Sponsor
ALD. DONOVAN, BAUMAN AND ZIELINSKI
Title
An ordinance relating to regulation of chronic nuisance premises.
Sections
80-10 rc
Analysis
This ordinance revises current code provisions relating to chronic nuisance premises to streamline the procedure and resolve certain ambiguities that have arisen at the administrative appeals board.

The ordinance:
1. Modifies the definition of “nuisance activity” to include crimes of violence, crimes involving illegal possession of firearms, the possession of counterfeit items and the possession of and delivery of drug paraphernalia.

2. Modifies the definition of a “person associated with the premises” to specifically exclude a person present on the premises, such as a trespasser.

3. Adds a definition of “chief of police”.

4. Permits the use of code provisions for additional nuisance activities that occur more than twice within a year.

5. Requires the police department to include examples of nuisance abatement measures during the initial nuisance notice.

6. Provides for appeal to the administrative review board upon receipt of the initial notice letter.

7. Specifies the premises owner’s responsibilities for complying with the ordinance.

8. Clarifies the police time-frame in which to respond to an owner’s response or lack of response to a nuisance notice.

9. Establishes a time-frame of one year in which a premises owner and the police department may invoke the ordinance.

10. Streamlines the procedure for the issuance of a chronic nuisance premises citation.

11. Permits the issuance and re-issuance of nuisance notices without limitation.

Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 80-10 of the code is repealed and recreated to read:

80-10. Chronic Nuisance Premises.

1. FINDINGS. The common council finds that any premises that has generated 3 or more calls for police service for nuisance activities ...