Posted: July 8, 2009

Whitefish Bay — A new chronic nuisance ordinance similar to those in Milwaukee and Madison will help police deal with suspected drug houses and other problem properties.

Police Chief Robert Jacobs said most people respond to warnings or citations for various nuisance violations and do not require the tougher provisions of the ordinance adopted by the Village Board Monday night.

But for those problem properties, the ordinance would allow eviction of the resident and fines between $1,000 and $5,000 per day.

Trustee Richard Foster wanted to know if the ordinance would have helped police deal with repeated complaints about suspicious drug activity at Matthew Laughrin's residence on Berkeley Boulevard. Laughrin is accused of giving drugs to a 15-year-old Whitefish Bay girl the night before she died in March.

Jacobs said it may have helped. "I can think of only one other situation in my tenure (here) where it may have helped," he said.

The ordinance allows police to designate a property as a chronic nuisance after at least three enforcement activities for nuisance violations and/or five building inspection enforcements over a one-year period, or after a court finds it to be a drug house.

A number of offenses can lead to the designation, including drug activity, disorderly conduct, violent crimes, illegal possession of firearms, indecent exposure, prostitution, loitering, damage to property, and discharge of a firearm.

"You can't be too broad," Jacobs said. "We have been dealing recently with one neighbor who didn't like the other's wind chimes."

As originally presented to the board, the ordinance would have given the building inspector the authority to declare a property a chronic nuisance but Trustee Tom Fehring objected.

"I am hesitant to give him added authority," Fehring said.

The board agreed and changed the ordinance to allow only the police chief the authority to declare a property a chronic nuisance.

Village Attorney Christopher Jaekels said he walked a fine line in drafting the ordinance. "We didn't want to cast a net so broad that it would get a person for not painting their house," he said.

Under the ordinance, the Police Department will issue a notice of chronic nuisance to a property owner, who will have 10 days to respond.

If the problem is not resolved, the owner would face the fines and possible eviction.