AB525: Bill Text

LRB-2493/3

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1999 - 2000 LEGISLATURE

1999 Assembly BILL 525

October 12, 1999 - Introduced by Representatives Underheim, Ainsworth, Kelso, Sykora and Walker, cosponsored by Senators Roessler, Rosenzweig, Darling and Plache. Referred to Committee on Housing.

AB525,1,4 An Act to amend 704.17 (1) (c), 704.17 (2) (c), 704.17 (3) (b), 823.113 (title) and 893.80 (7); and to create 823.113 (1g) of the statutes; relating to: making a building used to sell an alcoholic beverage without a license or permit a public nuisance.

Analysis by the Legislative Reference Bureau

Under current law, if a building is used to deliver, distribute or manufacture a controlled substance or to facilitate the activities of a criminal gang, that building is a public nuisance. The city, town or village where the nuisance occurs may bring an action under current law to abate the nuisance and enjoin the persons involved from continuing the nuisance. Currently, if an action is brought to abate the nuisance, the owner of the property may appear and, upon agreeing to abate the nuisance and filing appropriate sureties with the court, the court may dismiss the action. Under current law, if the owner does not make an appearance and agree to abate the nuisance, the court may order the removal of all property from the building, closure of the building and sale of the property and building.

Currently, if a law enforcement agency of the city, town or village notifies a property owner that property occupied by his or her tenant is a public nuisance because of the delivery, distribution or manufacture of a controlled substance on the property or because the property is used to facilitate the activities of a criminal gang, the landlord may give the tenant a five-day notice to vacate the property. The tenant, under current law, has the right to contest the allegation that the property is a nuisance.

This bill adds buildings or structures where the sale of alcoholic beverages occurs without a required license, permit or other authorization to those that are public nuisances and subjects those buildings and structures to the abatement procedures and landlord eviction processes summarized above.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB525, s. 1 Section 1. 704.17 (1) (c) of the statutes is amended to read:

AB525,2,14 704.17 (1) (c) A property owner may terminate the tenancy of a week-to-week or month-to-month tenant if the property owner receives written notice from a law enforcement agency of a city, town or village, as defined in s. 165.83 (1) (b), that a nuisance under s. 823.113 (1), (1g) or (1m) (b) exists in that tenant's rental unit or was caused by that tenant on the property owner's property and if the property owner gives the tenant written notice requiring the tenant to vacate on or before a date at least 5 days after the giving of the notice. The notice shall state the basis for its issuance and the right of the tenant to contest the termination of tenancy in an eviction action under ch. 799. If the tenant contests the termination of tenancy, the tenancy may not be terminated without proof by the property owner by the greater preponderance of the credible evidence of the allegation in the notice from the law enforcement agency of a city, town or village that a nuisance under s. 823.113 (1), (1g) or (1m) (b) exists in that tenant's rental unit or was caused by that tenant.

AB525, s. 2 Section 2. 704.17 (2) (c) of the statutes is amended to read:

AB525,3,9 704.17 (2) (c) A property owner may terminate the tenancy of a tenant who is under a lease for a term of one year or less or who is a year-to-year tenant if the property owner receives written notice from a law enforcement agency of a city, town or village, as defined in s. 165.83 (1) (b), that a nuisance under s. 823.113 (1), (1g) or (1m) (b) exists in that tenant's rental unit or was caused by that tenant on the property owner's property and if the property owner gives the tenant written notice requiring the tenant to vacate on or before a date at least 5 days after the giving of the notice. The notice shall state the basis for its issuance and the right of the tenant to contest the termination of tenancy in an eviction action under ch. 799. If the tenant contests the termination of tenancy, the tenancy may not be terminated without proof by the property owner by the greater preponderance of the credible evidence of the allegation in the notice from the law enforcement agency of a city, town or village that a nuisance under s. 823.113 (1), (1g) or (1m) (b) exists in that tenant's rental unit or was caused by that tenant.

AB525, s. 3 Section 3. 704.17 (3) (b) of the statutes is amended to read:

AB525,3,23 704.17 (3) (b) A property owner may terminate the tenancy of a tenant who is under a lease for a term of more than one year if the property owner receives written notice from a law enforcement agency of a city, town or village, as defined in s. 165.83 (1) (b), that a nuisance under s. 823.113 (1), (1g) or (1m) (b) exists in that tenant's rental unit or was caused by that tenant on the property owner's property and if the property owner gives the tenant written notice to vacate on or before a date at least 5 days after the giving of the notice. The notice shall state the basis for its issuance and the right of the tenant to contest the termination of tenancy in an eviction action under ch. 799. If the tenant contests the termination of tenancy, the tenancy may not be terminated without proof by the property owner by the greater preponderance of the credible evidence of the allegation in the notice from the law enforcement agency of a city, town or village that a nuisance under s. 823.113 (1), (1g) or (1m) (b) exists in that tenant's rental unit or was caused by that tenant.

AB525, s. 4 Section 4. 823.113 (title) of the statutes is amended to read:

AB525,3,25 823.113 (title) Drug, alcohol or criminal gang house a public nuisance.

AB525, s. 5 Section 5. 823.113 (1g) of the statutes is created to read:

AB525,4,4 823.113 (1g) Any building or structure where the sale of an alcohol beverage, as defined in s. 125.02 (1), takes place in violation of s. 125.04 (1), is a public nuisance and may be proceeded against under this section.

AB525, s. 6 Section 6. 893.80 (7) of the statutes is amended to read:

AB525,4,10 893.80 (7) No suit may be brought against the state, any city, town or village or any governmental subdivision or agency thereof of the state, city, town or village or against any officer, official, agent or employe of any of those entities who, in good faith, acts or fails to act to provide a notice to a property owner that a public nuisance under s. 823.113 (1), (1g) or (1m) (b) exists.

AB525, s. 7 Section 7. Initial applicability.

AB525,4,13 (1) This act first applies to violations committed on the effective date of this subsection.

AB525,4,14 (End)