Madison, WI Header
File #: 83091    Version: Name: Updates to Chronic Nuisance Premises
Type: Ordinance Status: Passed
File created: 4/23/2024 In control: HOUSING STRATEGY COMMITTEE
On agenda: 6/4/2024 Final action: 6/4/2024
Enactment date: 6/25/2024 Enactment #: ORD-24-00037
Title: SUBSTITUTE: Amending Section 25.09 of the Madison General Ordinances related to Chronic Nuisance Premises: (1) to make it easier to declare a Chronic Nuisance Premises when the nuisance activity involves firearms and/or serious bodily injury or death, and shortening the period for declaring a Chronic Nuisance Premises based on nuisance activities not involving firearms or serious bodily injury or death; (2) adding four additional nuisance activities to Chronic Nuisance Activities Table 2; (3) adding a section to exempt certain victim-centered offenses such as domestic violence, from eligible nuisance activities; (4) administrative and reorganization of some subsections for easier comprehension.
Sponsors: Derek Field, Jael Currie, Yannette Figueroa Cole
Attachments: 1. 83091 Version 2 Body, 2. 83091 Version 1 Body

Fiscal Note

No City appropriation required.

Title

SUBSTITUTE: Amending Section 25.09 of the Madison General Ordinances related to Chronic Nuisance Premises: (1) to make it easier to declare a Chronic Nuisance Premises when the nuisance activity involves firearms and/or serious bodily injury or death, and shortening the period for declaring a Chronic Nuisance Premises based on nuisance activities not involving firearms or serious bodily injury or death; (2) adding four additional nuisance activities to Chronic Nuisance Activities Table 2; (3) adding a section to exempt certain victim-centered offenses such as domestic violence, from eligible nuisance activities; (4) administrative and reorganization of some subsections for easier comprehension.

Body

DRAFTER’S ANALYSIS:    The Chronic Nuisance Premises ordinance was enacted in 2009 at a time when nuisance activity associated with residential premises was related more to general quality of life issues rather than gun violence and other violent activity that deeply impacts residents’ ability to feel safe in their homes. The primary focus of this amendment is to make it easier and faster to declare a Chronic Nuisance Premises when there are firearm crimes and crimes involving serious bodily injury. This amendment adds the following four nuisance activities to the Chronic Nuisance Offenses Table 2: Robbery, receiving or concealing stolen property, mistreating/cruelty to animals, and possession, sale, or use of synthetic marijuana. The ordinance previously allowed for domestic violence offenses to be considered a nuisance activity under this ordinance subject to specific review by the Chief of Police and Office of the City Attorney. This amendment exempts domestic violence, and several other victim-centered offenses from this ordinance. Finally, there were several administrative/reorganization amendments intended to clarify some provisions and make comprehension easier.

 

The Substitute eliminates redundant language in section 2(a)(1); corrects paragraph 3(c)1 to provide the same 45 day time-frame for obtaining landlord training as mandated in paragraph 3(a)(1)g; and corrects paragraph numbering and reference in section 3(d) and 3(e).

 

 

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Please see Legistar File No. 83091 Version 2 - Body in Attachments