Chronic Nuisance Premises.
Milwaukee Code of Ordinances § 80-10
in effect80-10. Chronic Nuisance Premises.
1. FINDINGS. The common council finds that any premises, including a manufactured home community, that has generated 3 or more responses from the police department for nuisance activities 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 city. The common council further finds that premises owners, and other parties conducting business activities upon the premises, that chronically fail to control the use of their property substantially interfere with the comfortable enjoyment of life, health and safety of the community. The common council therefore directs the chief of police, the commissioner of neighborhood services and the city attorney, as provided in this section, to charge the owners of such premises the costs associated with abating the violations at premises at which nuisance activities chronically occur.
2. DEFINITIONS. For the purposes of this section: a. “Chief of police” means the chief of the police department or the chief’s designee. The chief’s designee includes, but is not limited to, a commanding officer signing a notice under sub. 3-a-1 or 2 or any other specifically named designee in any notice under this section.
b. "Manufactured home community" means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located.
c. c-1.
“Nuisance activity” means any of the following activities, behaviors or conduct whenever engaged in by persons associated with a premises:
c-1-a. An act of harassment as defined in s. 947.013, Wis. Stats.
c-1-b. Disorderly conduct as defined in s. 106-1 of the code or s. 947.01, Wis. Stats.
c-1-c. Cruelty to animals or any other violation of s. 78-31.
c-1-d. Indecent exposure as defined in s. 106-5 of the code or s. 944.20(1)(b), Wis. Stats.
c-1-e. Keeping a place of prostitution as defined in s. 106-3 of the code or s. 944.34, Wis. Stats., or leasing a building for the purposes of prostitution as defined in s. 106-4 of the code.
c-1-f. Littering of premises as defined in s. 79-12.
c-1-g. Theft as defined in s. 110-16 of the code or s. 943.20, Wis. Stats.
c-1-h. Arson as defined in s. 943.02, Wis. Stats.
c-1-i. Possession, manufacture or delivery of a controlled substance or related offenses as defined in ch. 961, Wis. Stats.
c-1-j. Gambling as defined in ss. 107-1 and 2 of the code or s. 945.02, Wis. Stats.
c-1-k. Crimes against life and bodily security as enumerated in ss. 940.01 to 940.32, Wis. Stats., except as provided in subd. 2.
c-1-L. Crimes involving illegal possession or use of firearms as defined in ch. 941 and s. 948.60, Wis. Stats.
c-1-m. Keeping a prohibited dangerous animal as defined in s. 78-25.
c-1-n. Trespass to land as defined in s. 943.13, Wis. Stats., or criminal trespass to dwelling as defined in s. 943.14, Wis. Stats.
c-1-o. Any act of aiding and abetting, as defined in s. 50-18 or s. 939.05, Wis. Stats., of any of the activities, behaviors or conduct enumerated in subpars. a to L.
c-1-p. Any conspiracy to commit, as defined in s. 939.31, Wis. Stats., or attempt to commit, as defined in s. 939.32, Wis. Stats., any of the activities, behaviors or conduct enumerated in subpars. a to n.
c-1-q. Discharge of a firearm as defined in s. 105-35.
c-1-r. The production or creation of excessive noise as defined in s. 80-63.
c-1-s. Loitering as defined in s. 106-31.
c-1-t. Public drinking as defined in s. 106-1.8.
c-1-u. The sale, offering for sale, bartering or giving away of any intoxicating liquors or fermented malt beverages without a license as provided in s. 90-3-1 of the code or s. 125.04(1), Wis. Stats.
c-1-v. The operation of a convenience store in violation of any provision of ch. 68.
c-1-w. The possession of counterfeit items as defined by s. 132.02, Wis. Stats.
c-1-x. Selling or giving away tobacco products to persons under the age of 18 as defined in s. 106-30-2.
c-1-y. The possession, possession with intent to sell or deliver, or delivery of drug paraphernalia as defined in s. 106-36.
c-1-z. Owning, keeping, having or harboring any bird or animal that causes a disturbance of the peace as defined in s. 78-29.
c-1-aa. Misuse of emergency telephone numbers as defined in s. 105-77.
c-1-bb. Illegal sale, discharge and use of fireworks as defined in s. 105-47-1.
c-1-cc. Loitering-illegal drug activity as defined in s. 106-35.6.
c-1-dd. Truancy and contributing to truancy as defined in ss. 106-23.1 and 106-23.3.
c-1-ee. Underage alcohol activities, as defined in s. 90-18.
c-1-ff. Adult contributing, allowing, providing alcohol to underage persons activities, as defined in. s. 90-18.
c-1-gg. Robbery as enumerated in s. 943.32, Wis. Stats.
c-1-hh. Receiving or concealing stolen property as enumerated in s. 943.34, Wis. Stats.
c-1-ii. The sale of cigarettes in a form other than as a package or container on which a stamp is affixed under s. 139.32(1), Wis. Stats., as provided in s. 106-30-3-c.
c-1-jj. The possession, sale or use of synthetic marijuana, as provided in s. 105-50.
c-1-kk. Operating or carrying on the business of being a secondhand dealer without having first obtained a secondhand dealer’s license, as provided in s. 92-2-2.
c-1-LL. Motor vehicle repair, service or maintenance on any lot used wholly or in part for residential purposes as defined in s. 295-503-3-b.
c-1-mm. On-street motor vehicle repair as defined in s. 105-66.
c-1-nn. Excessive false alarms, as defined in s. 105-75-15-a.
c-2. “Nuisance activity” does not include activities, behaviors or conduct that results in a call for assistance made by the owner or occupant requesting law enforcement services related to any of the following:
c-2-a. “Domestic abuse,” as defined in s. 813.12(1)(am), Wis. Stats.
c-2-b. “Sexual assault,” as described in ss. 940.225, 948.02, and 948.025, Wis. Stats.
c-2-c.
“Stalking,” as described in s. 940.32, Wis. Stats.
d. “Other responsible party” means any individual or entity other than the owner of the premises that is licensed or subject to license in the operation of a business upon the premises.
e. “Person associated with a premises” means the premises owner, operator, manager, resident, occupant, guest, visitor, patron or employee or agent of any of these persons.
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 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:
a-1-a. The street address or legal description sufficient for identification of the premises.
a-1-b. A description of the nuisance activities that have occurred at the premises.
a-1-c. A statement indicating that the cost of future enforcement may be assessed as a special charge against the premises, or referred or collection, and that the owner or other responsible party may be cited under sub. 6.
a-1-d. Examples of nuisance abatement measures.
a-1-e. A statement that the premises owner or other responsible party shall within 10 days either respond to the chief of police with an acceptable, written course of action to abate the nuisance activities at the premises or file an appeal pursuant to sub. 5-a.
a-2. Whenever the chief of police determines that modification of an accepted written course of action is necessary to abate nuisance activities at the premises, the chief of police shall notify the premises owner or other responsible party in writing that the written course of action must be modified. This notice shall contain:
a-2-a. The street address or legal description sufficient for identification of the premises.
a-2-b. A description of the nuisance activities that have occurred at the premises that require modification of the accepted written course of action.
a-2-c. A copy of the previously-accepted written course of action.
a-2-d. A statement indicating that the cost of future enforcement may be assessed as a special charge against the premises, or referred for collection, and that the owner or other responsible party may be cited under sub. 6.
a-2-e. A statement that the premises owner or other responsible party shall within 10 days, respond to the chief of police with an acceptable, modified written course of action to abate the nuisance activities at the premises.
b. A notice under par. a shall be deemed to be properly delivered if sent either by first class mail to the premises owner’s or other responsible party’s last known address or if delivered in person to the premises owner or other responsible party. If the premises owner or other responsible party cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the premises owner’s or other responsible party’s usual place of abode or regular business in the presence of some competent member of the family at least 14 years of age or a competent adult currently residing or conducting business 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 or other responsible party as identified by the records of the commissioner of assessments, to the appropriate licensing authority or the commissioner of neighborhood services.
c. Upon receipt of the nuisance premises notice or a demand for modification notice, the premises owner or other responsible party shall respond within 10 days to the chief of police with a written course of action or modified written course of action outlining the abatement actions the premises owner or other responsible party will take in response to the notice. Upon review of the written course of action or modified written course of action, the chief shall accept or reject the proposed course of action.
c-1. If the proposed course of action is accepted, the chief shall inform the owner or other responsible party of same and permit the owner or other responsible party 45 days to implement the accepted course of action. If the premises owner or other responsible party has implemented the accepted written course of action within 45 days, no further action by the department may be taken except that if nuisance activity continues, the chief may request the premises owner or other responsible party to modify the accepted written course of action.
c-2. If the premises owner or other responsible party fails to respond, proposes a course of action that is rejected by the chief of police, or fails to implement an accepted written course of action, the chief shall notify the premises owner or other responsible party that the cost of future enforcement may be assessed as a special charge against the premises, or referred for collection, and that the owner or other responsible party may be cited under sub. 6.
d. The chief of police may calculate the cost of police services and refer the cost to the commissioner of neighborhood services or the city attorney for subsequent nuisance activities occurring at the premises within one year of the date of a notice under par. a provided such nuisance activity occurs under one of the following circumstances:
d-1. 13 days after notice was given pursuant to sub. 3-a if the premises owner or other responsible party fails to respond, or proposes a course of action that is rejected by the chief of police.
d-2. 45 days after a proposed course of action was accepted by the chief of police and the premises owner or other responsible party failed to properly implement the accepted course of action.
d-3. After the administrative review board of appeals affirms the nuisance premises determination as provided in s. 320-11 if an appeal is timely filed pursuant to sub. 5-a.
e. The chief of police shall notify the premises owner or other responsible party of the decision to refer the cost of police services by copy of the chief’s cost referral letter to the commissioner of neighborhood services or, alternatively, the chief of police shall notify the responsible party of the decision to refer the cost of police services by copy of the chief’s referral letter to the city attorney for collection and to the appropriate licensing authority. Delivery of this notice shall be made as set forth in sub. 3-b. The cost referral letter shall contain:
e-1. The street address or legal description sufficient for identification of the premises.
e-2. A statement that the chief of police has referred the cost of enforcement to the commissioner or to the city attorney and to the appropriate licensing authority, with a concise description of the nuisance activities and the relevant sections of the code.
e-3. A notice of the premises owner’s or other responsible party’s right to appeal pursuant to sub. 5-b.
e-4. A statement that each subsequent incident of nuisance activity may be deemed a separate violation.
e-5. A statement that whenever a premises owner or other responsible party has been billed, on 3 or more separate dates, for the costs of enforcement within one year, he or she may be issued a citation of not less than $1,000 nor more than $5,000 after notification by the chief of police that the premises is a chronic nuisance due to the premises owner’s or other responsible party’s failure to abate the nuisance activities.
4. COST RECOVERY. a. Upon receipt of a cost referral letter from the chief of police pursuant to sub. 3-d, the commissioner of neighborhood services shall charge any premises owner found to be in violation of this section the costs of enforcement, including administrative costs, in full or in part. All costs so charged are a lien upon such premises and may be assessed and collected as a special charge. The commissioner shall establish a reasonable charge for the costs of administration and enforcement of this section.
b. Upon receipt of a cost referral letter from the chief of police pursuant to sub. 3-d, the city attorney shall initiate a collections action against any other responsible party found to be in violation of this section for the costs of enforcement, including administrative costs, in full or in part. The city attorney shall establish a reasonable charge for the costs of administration and enforcement of this section.
5. APPEAL. a. Appeal of a determination that a premises is a nuisance under sub. 3-a-1 shall be submitted to the administrative review board of appeals as provided in s. 320-11 within 10 days from the date of the notice.
b. Appeal of the subsequent cost referral by the chief of police pursuant to sub. 3-d shall be submitted to the administrative review board of appeals as provided in s. 320-11 within 30 days from the date of the cost referral letter.
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 for 3 or more separate 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:
a-1. The street address or legal description sufficient for identification of the premises.
a-2. A statement that the premises owner or other responsible party has been billed, for 3 or more separate 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.
a-3. A statement that any subsequent incident of nuisance activity shall be subject to a forfeiture of not less than $1,000 nor more than $5,000 for failure to abate the nuisance activity.
a-4. A statement that each subsequent incident of nuisance activity may be deemed a separate violation.
b. Any person failing to abate nuisance activities after receiving notice under par. a shall be subject to a forfeiture of not less than $1,000 nor more than $5,000 for failure to abate the nuisance activity. Upon default of payment, the premises owner shall be imprisoned in the county jail or house of correction for a period of not less than 40 days nor more than 90 days.
7. EVICTION OR RETALIATION PROHIBITED. 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 because that tenant complained to the chief of police about nuisance activities on the landlord’s premises. It shall be presumed that any attempt to increase charges, reduce services, or to otherwise harass or retaliate against the tenant during the 12-month period following receipt of the complaint by the chief of police constitutes unlawful retaliation under this subsection. This presumption shall be rebutted by the preponderance of evidence that the actions taken by the landlord were based upon good cause. “Good cause” as used in this subsection 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. 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 sub. 2-c-1-a to hh; for the commission of waste upon the premises; violating the terms and conditions of the lease agreement or periodic tenancy or as otherwise provided in ch. 704, Wis. Stats., and ch. ATCP 134, Wis. Adm. Code. 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. Any person violating par. a shall be subject to a forfeiture of not less than $100 nor more than $2000 for each violation and in default of payment thereof, be imprisoned in the county jail or house of correction for a period of not less than 4 days nor more than 80 days.
8. SUBSEQUENT NOTICE OF NUISANCE ACTIVITY. Nothing in this section shall prevent or prohibit the chief of police from issuing or reissuing a notice under sub. 3-a-1 regarding subsequent nuisance activity at a premises.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH80.pdf#page=4Fetched: 10/26/2026