Fiscal Note
There may be a minor increase in General Fund revenues derived from fines, but no significant fiscal impact is anticipated.
Title
SUBSTITUTE Amending Secs. 32.05(3), 32.07(7)(b), 32.14(1) and 1.08(3)(a) of the Madison General Ordinances to require that tenants be informed in a notice of a specific font of their right to inspect photographic evidence and increasing various penalties.
Body
DRAFTER'S ANALYSIS: This ordinance requires that a notice be in a 10-point font that the tenant will be provided a copy of the photographs documenting any damage, waste or neglect of the premises being charged to the tenant if such notice is requested by the tenant. This ordinance also creates a bail deposit for 3rd offenses for a landlord removing or altering locks, removing doors or windows, or confiscating personal property in lieu of rent. It also creates bail deposits for existing ordinance provisions for a landlord entering a tenant's premises to show property without 24 hour notice, entering a tenant's premises without announcing presence, failure to provide complete "Tenants Rights and Responsibilities" to tenant, confiscation of a tenant's personal property, eviction of a tenant without following proper eviction procedure, and failure of a landlord to deliver possession of a dwelling to a tenant. This ordinance also increases the penalty range for violations of Chapter 32.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (3) of Section 32.05 entitled "Tenants Rights to Privacy and Exclusive Possession" of the Madison General Ordinances is amended to read as follows:
"(3) Any person who violates any provisions of this section or fails to comply with any of its requirements shall, upon conviction thereof, be subject to forfeiture of not more than one five thousand dollars ($1,000 5,000) and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense."
"(b) A written, itemized statement showing the specific reason or reasons for the withholding of the deposit or any portion of the deposit, applicable receipts and estimates including the necessary hours and the wage rate for the work done or to be done any rent credit due, and a notice, in a minimum of ten-(10) point font, that the tenant will be provided a copy of the photographs documenting any damage, waste or neglect of the premises being charged to the tenant if requested by the tenant in writing within 30 days of receipt of the notice. Upon receipt of a timely request, the landlord has 30 days to provide the tenant a copy of the photographs maintained by the landlord under Sec. 32.07(14)(a) documenting the damage, waste or neglect. The landlord shall not be held responsible for the inability of the Post Office to complete delivery of a first class letter."
3. Subsection (1) of Section 32.14 entitled "Penalties" of the Madison General Ordinances is amended to read as follows:
"(1) Any violation of any section of Chapter 32 of the Madison General Ordinances for which there is not provided a specific penalty shall be subject to a forfeiture of not less than sixty dollars ($60) nornot more than six hundred dollarstwo thousand dollars ($6002,000) upon conviction. Each day of violation shall be construed as a separate offense."
4. Subdivision (a) of Subsection (3) entitled "Schedule of Deposits" of Section 1.08 entitled "Issuance of Citations for Violations of Certain Ordinances and Providing a Schedule of Cash Deposits" of the Madison General Ordinances is amended by creating and amending therein the following:
"Removing or altering locks furnished with 32.05(1)(a) $600, 1st;
premises without consent of tenant. $1000, 2nd;
$1800, 3rd
Removing doors or windows without consent 32.05(1)(b) $600, 1st;
of tenant. $1000, 2nd;
$1800, 3rd
Confiscating tenants' personal property in 32.05(1)(c) $600, 1st
lieu of rent. $1000, 2nd;
$1800, 3rd
Entering tenant's leased premises to show 32.05(1)(e) $600
property for sale or lease without at least
24 hours notice.
Entering tenant's leased premises without 32.05(1)(f) $600
announcing presence and without identifying
self.
Failure to provide complete "Tenant Rights 32.06(2)(a) $600
and Responsibilities" to tenant at or prior to
signing of rental agreement.
Confiscation of personal property by landlord 32.12(3) $600, 1st;
without a proper lien agreement. $1000, 2nd;
$1800, 3rd
Eviction of a tenant other than by eviction 32.12(5) $600, 1st;
procedure specified in Wis. Stats. ch. 799. $1000, 2nd;
$1800, 3rd
Failure of landlord to deliver possession of 32.12(6) $600, 1st;
dwelling unit to tenant. $1000, 2nd;
$1800, 3rd"
EDITOR'S NOTE: New bail deposits must be approved by the Municipal Judge prior to adoption. This deposit has been so approved, provided the penalty range is increased.