Section 823.113. Drug or criminal gang house a public nuisance.

 

(1)  Any building or structure that is used to facilitate the delivery, distribution or manufacture, as defined in s. 961.01 (6) , (9) and (13) respectively, of a controlled substance, as defined in s. 961.01 (4) , or a controlled substance analog, as defined in s. 961.01 (4m) , and any building or structure where those acts take place, is a public nuisance and may be proceeded against under this section.

(1m)  

(a) In this subsection, “criminal gang" has the meaning given in s. 939.22 (9) .

(b) Any building or structure that is used as a meeting place of a criminal gang or that is used to facilitate the activities of a criminal gang, is a public nuisance and may be proceeded against under this section.

(2)  If a nuisance exists, the city, town or village where the property is located may maintain an action in the circuit court to abate the nuisance and to perpetually enjoin every person guilty of creating or maintaining the nuisance, the owner, lessee or tenant of the building or structure where the nuisance exists and the owner of the land upon which the building or structure is located, from continuing, maintaining or permitting the nuisance.

(3)  If the existence of the nuisance is shown in the action to the satisfaction of the court, either by verified complaint or affidavit, the court shall issue a temporary injunction to abate and prevent the continuance or recurrence of the nuisance, including the issuance of an order requiring the closure of the property. Any temporary injunction issued in an action begun under this subsection shall be issued without requiring the undertaking specified in s. 813.06 .

(4)  In ruling upon a request for closure, whether for a defined or undefined duration, the court shall consider all of the following factors:

(a) The extent and duration of the nuisance at the time of the request.

(b) Prior efforts by the defendant to comply with previous court orders to abate the nuisance.

(c) The nature and extent of any effect that the nuisance has upon other persons, such as residents or businesses.

(d) The effect of granting the request upon any resident or occupant of the premises who is not named in the action, including the availability of alternative housing or relocation assistance, the pendency of any action to evict a resident or occupant and any evidence of participation by a resident or occupant in the nuisance activity.

1989 a. 122 ; 1993 a. 98 ; 1995 a. 448 . An order under this section for closure and sale of an apartment house did not violate the constitutional protection against excessive fines. City of Milwaukee v. Arrieh, 211 Wis. 2d 764 , 565 N.W.2d 291 (Ct. App. 1997), 96-0482 .