Fiscal Note
The City Attorney's Office estimates that, under the provisions of the Ordinance, there may be 10 to 20 designations of Chronic Nuisance Premises annually. The City Attorney's Office has allocated a .75 FTE dedicated to the administration of nuisance cases. Funding for the position is included in the City Attorney operating budget. No additional appropriation is required for the City Attorney or the other City agencies to administer the provisions of the Ordinance, although there may be some future need for additional resources for costs such as court fees and service of papers if there is a significant increase in court actions. There may be some modest increase in General Fund revenues derived from forfeitures, penalties and fines associated with violations under the Chronic Nuisance Ordinance. If the Ordinance is repealed, City Attorney staff resources will be reallocated.
Title
SUBSTITUTE Repealing and recreating Section 25.09(12) of the Madison General Ordinances to eliminate the sunset provision and make this law permanent and retain an annual reporting requirement on the ordinance.
Body
DRAFTER'S ANALYSIS: This ordinance repeals the sunset provision for the Chronic Nuisance Premises ordinance, making the ordinance permanent, and recreates the subsection with a modified requirement that the Chief of Police annually report to the Common Council on the ordinance.
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The Common Council of the City of Madison do hereby ordain as follows:
Subsection (12) entitled "Sunset" of Section 25.09 entitled "Chronic Nuisance Premises" is repealed and recreated to read as follows:
"(12) Report. The Chief of Police shall annually report to the Common Council on the following:
(a) How many Premises were declared Chronic Nuisance Premises.
(b) How many Premises that were declared Chronic Nuisance Premises were abated and the length of time it took for abatement to occur.
(c) How often the Cost Recovery provision was used and the dollar amount collected under this provision."
EDITOR'S NOTE: Section 25.09(12) currently reads as follows:
"(12) Sunset. This ordinance shall automatically repeal on November 1, 2009.
(a) The Chief of Police shall submit an interim report to the Common Council by September 1, 2008, and a final report to the Common Council by September 1, 2009, indicating the following:
1. How many Premises were declared Chronic Nuisance Premises.
2. How many Premises that were declared Chronic Nuisance Premises were abated and the length of time it took for abatement to occur.
3. How many evictions were directly associated with a Premises being declared a Chronic Nuisance Premises.
4. How often the Cost Recovery provision was used and the dollar amount collected under this provision.
(b) The Department of Civil Rights shall submit an interim report to the Common Council by September 1, 2008, and a final report to the Common Council by September 1, 2009, indicating whether that Department had referrals for violation of Fair Housing Laws contained in Chapter 39 or any other elements of the Equal Opportunity Ordinance that were directly related to the application of this ordinance to a Premises."