Fiscal Note
No appropriation is required.
Title
SUBSTITUTE - Amending Section 25.09 of the Madison General Ordinances to change various provisions of the Chronic Nuisance Premises ordinance recommended by the Equal Opportunities Commission.
Body
DRAFTER'S ANALYSIS: The changes in this ordinance are recommended by the Equal Opportunities Commission. The changes are as follows: Change #1, Subsection 2(a)2.: now requires charges for manufacture, distribution or delivery of a controlled substance to be filed by the District Attorney before the incident can be considered a "nuisance activity". Previously, if a Dane County Court of law determined, based upon a search warrant request, that probable cause existed that the manufacture, distribution or delivery of a controlled substance occurred on or in association with a property, that finding could be used to declare the property a Chronic Nuisance Premises; Change #2, Subsection (2)(c): changes the definition of "enforcement action" by requiring the issuance of a citation for a law violation and/or the filing of charges by the District Attorney or city Attorney for prosecution for nuisance activities. The change also deletes from the definition of "Enforcement Action" citations or referral of charges by the Division of Building Inspection; Change #3, Subsection 3(a)6.: removes the word "consider" from the sentence and requires owners, when appropriate, to implement alternatives to eviction when formulating an abatement plan; Change #4: 3(b)2. is amended to exclude domestic abuse incidents from being considered "nuisance activities; Change #5, Subsection 3(b)3.b.: removes the word "consider" from the paragraph and now requires a property owner to implement alternatives to evictions in situations where eviction is not the sole remedy to abate the nuisance activity. Change #6, Subsection (6)(a): adds members of a tenant's household as a group that can't be evicted or retaliated against for complaining or being co...
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