Bill:
This is a big topic for inquiry, one fraught with legal and tactical questions.
Do we know what really works?
How do we find out?
Do we know which cities have the best program? What the cost might be for Lakewood?
Is there political will to do so?
Many people own rentals, who might not see this as optimal for their interests.
For DIY civic problem solvers, inquiry into the ownership of the properties is the first step.
Obviously the situation is not unique to Lakewood.
What/where are the best practices?
Has anyone scanned for such?
I provide this capture from Green Bay, because it seems a fairly typical exercise in community frustration with deteriorating properties.
Are any such discussions as these occurring in Council Committees?
If so, are they different or the same?
“13. REQUEST BY ALD. THEISEN TO REVIEW THE POLICE CALLS TO 724 AND 728 CROOKS STREET.
Ald. Theisen appeared before the committee and said he has been hearing from some of the people in the neighborhood of problems at these two addresses. He spoke to Officer Swanson of the Police Department. He has observed the area from time to time and found there was a lot of activity and people hanging around. He contacted the County Supervisor. Little kids are running around without supervision. Maybe Social Services should take a look at it.
Officer Swanson, Community Police Officer, Green Bay Police Department, appeared before the committee and said there is a lot he would like to tell but can’t tell. He said it is long term solving. Ald. Theisen mentioned kids running the streets. Human Services is cutting their budget. We can’t look to them. We look for the parents or relatives and are lucky to get anything further out of that. It’s a sign of a growing community. As far as things going on, they respond to what they know about. They need in-put.
Officer Swanson continued to say they reviewed 722, 724 and 728 Crooks Street. The reviewed the complaints in an effort to see about nuisance. None met that criteria. If it doesn’t meet that criteria, they will not continue. There could be a nuisance and it would be handled as a Civil action. There is quite a variety of activity going on there. The landlord has already served an eviction at 722 Crooks Street. He said property owners need to screen tenants carefully so that there isn’t a constant turnover of bad tenants moving into these places. He said the search of the records goes back for about a year. Listed below are some of the activities.
Some activities going on at 722 Crooks Street are as follows:
July 10, 2003 – Complaint about loud music. When police arrived there was no loud music.
July 12, 2003 – Disturbance, two people arrested, underage problem, jumping out in traffic.
September 1, 2003 – Loud music, upper, issued written warning tickets. When they issue tickets later, they have this information.
September 4, 2003 – Suspicious, drug call, tenants being evicted.
September 12, 2003 – Partying, running around the yard yelling, alcohol was contributing factor.
September 12, 2003 – Male breaking windows, underage intoxicated juvenile, taken in.
Some activities going on at 724 Crooks Street are as follows:
April 21, 2003 – People running around yelling, officers found juveniles using alcohol.
April 22, 2003 – Children walking around, no parent available.
July 15, 2003 – Dog doing its job on somebody’s yard. Person came by later and picked it up.
July 29, 2003 – Disturbance, neighborhood children fighting.
Michelle Clemens, 806 Crooks Street, appeared before the committee and said Officer Swanson is not mentioning a lot of calls. Some of these complaints are not on the reports.
Officer Swanson said if they arrive at a wrong address, they will radio in to change the address to reflect where the activity takes place. If not, it is out of their control.
Some activities going on at 728 Crooks Street are as follows:
October 3, 2002 – Males arguing – looking to see if it is nuisance property.
Ald. Theisen said a substantial number of police calls are not warranted, but when they are warranted a number of times they should take in the nuisance ordinance. Attorney Schimmel said a number of calls resulting in enforcement action constitutes nuisance. Whether warning, verbal or written, they are all enforcement action. Three calls within thirty days is considered a nuisance. Officer Swanson said he is applying written warning. Ald. Theisen wondered if verbal warning works if you can get it out of the record. Attorney Schimmel said yes, however right now there is difficulty getting information from the system at the Police Department. They are trying to find a way to do that better.
Ald. Theisen then wondered if in a particular instance there is a problem, if testimony of officer and neighbors would help. Attorney Schimmel said yes, but we need a program written where it pops up when there are three calls within thirty days.
Officer Swanson said 728 Crooks Street has a problem where people get kicked out. New people start coming in and they get calls again. Over a year you see patterns, but not for 30 days. On October 3 family members didn’t want to press charges, no citations issued.
July 14, 2003 – 8 year old driving a Saturn car around the block, no citation issued because parents would have to pay for it. Attorney Schimmel said this can be counted against the property owner as a nuisance. Officer can tell them to correct the problem or get a citation.
July 15, 2003 – 10 people outside and children, man running around and yelling, profanity, somebody aiming with hose.
July 31, 2003 – Disturbance – 20 people outside, kids on top of cars, screaming. When officers arrived, persons involved doing nothing at the time.
August 18, 2003 – Somebody tried to get through window, jumped into Lexus before police arrived.
August 20, 2003 – Suspicious.
August 22, 2003 – Male problems with children
August 25, 2003 – Loud music from car.
August 27, 2003 – Stolen bike.
September 1, 2003 – Flash symbols, said not gang related.
Ald. Nicholson asked Officer Swanson if he and other Community Officer Blindauer have been addressing this situation and getting with the neighborhood association. He wondered why he is communicating at this meeting. Officer Swanson said he can’t explain what they are doing as it could harm their investigation. They met with the neighborhood association out there and have been given ways to speed up the investigation. He advised that they write information and numbers down for them. Dispatch will give the information to officers to handle at that time. Instead of spending 12-16 hours a day trying to find out who the people are, if they could write it down would speed up the situation. They are acting on it and expect good results on this investigation. Lt. Nick said one landlord is very cooperative and the tenants are evicted.
Ald. Theisen said he understands what Officer Swanson is saying as far as what action is being taken. He talked to Officers Swanson and Belongia and believes this is a public forum that they can all hear at the same time as to what is going on. He said he understands the language of the law. If someone makes a valid complaint about loud music and there is no loud music when the officer arrives, it is not on record. Attorney Schimmel said there certainly will be a record that the complaint was filed. From the standpoint as one of three calls a month, no; citation, no; but in a full scale nuisance prosecution it can be used as part of the case. It is still important to report and make the phone call.
Ald. Theisen said this meeting was worthwhile to him. The neighbors have been asking him what is going on there. As aldermen, they are the middle person. They are not police or inspectors. They can’t order people to get out of the neighborhood. They get complaints and pass them on to the appropriate department. He thinks it is important when there is a severe problem that everyone sit down and find out what’s going on.
Lt. Nick said there can be meetings with the neighborhood associations and aldermen can be invited. His concern is that the information should not get in the wrong hands and harm the investigation. Ald. Theisen said that in the future, if taking anything to the committee puts things in jeopardy, to let him know. He has a couple people telling him there’s a serious problem in the neighborhood.
A motion was made by Ald. Wery and seconded by Ald. Nicholson to suspend the rules to allow interested parties to speak. Motion carried.
Judy Adamini, 122 S. Jackson Street, appeared before the committee and said she lives in that neighborhood. Officer Swanson has been good. They appreciate what they can do and there is much they can’t do. They go to neighborhood meetings. They write down license numbers. It is very frustrating. The City spent all this money and grants to turn this neighborhood around from what it was ten years ago. In the last few years, it started to go down hill again. If somebody was looking at property in this area, she would tell them not to. Isn’t that a shame?
Ald. Nicholson asked what they were doing ten years ago. Hartman said they were doing drugs but now they’re still doing drugs. Adamini said this keeps reoccurring. Ald. Kriescher said we have to make property owners more responsible. They keep renting to the same type of people.
Todd Dehn, Country Haven Estates LLC, 5079 Edgewater Beach Road, Green Bay, appeared before the committee and said he owns 728 Crooks Street. Many things that have been said are incorrect. There are problems, no question. He took this property as a special project to rehabilitate. He took it on because he saw the Navarino thing on TV and thought it would be something nice. He only received one phone call from a lady about a complaint from this property. He bought it because he wanted to make a difference there. Regarding a number of the complaints, he didn’t take it over until just recently. He said it does take Section 8 and SSI. He said he paid more taxes than most people. There are issues with tenants. An officer called him one time. He returned the call with two messages and nobody got back to him. He told the neighbors who were present that he is on their side. There are a lot of issues. The landlords need to be contacted. He doesn’t know why he hasn’t had any calls.
Ald. Nicholson wondered how many families are living over there and suggested that somebody from Inspection Department go there. Dehn said the number of people are not living there now. Ald. Nicholson asked if these tenants were in the building when he took it over. He then asked Dehn if he did a good background check. Dehn replied he did good checks. He has many, many apartments and they do background checks. Michelle Clemens said there is a constant turnover of tenants, the house has gone down hill, things are broken down there. Dehn said it is not true. As of yesterday the windows were taken care of. There were 13 calls since September 1; one was wrong person; one was legitimate. Divided by two properties equals 1.6 calls per month. Hartman said they want his phone number where they can reach him in the evening. Dehn said nobody ever called him about drugs going on. He called the drug enforcement hotline. They said it would be a week before somebody could get back to him. He said he has cleaned up the place. He has spent $44,000 to revamp the place. Two tenants were no good so he kicked them out. He has new tenants in there and did background checks. He said at 728 Crooks Street it is not the landlord. He said he needs their help. They are not communicating. However, he said at 1:00-2:00 A.M. in the morning not to call him, but they should call the Police Department. At this time he can’t do anything about it.
Ald. Nicholson asked Dehn if he is open to working with the community police officers. Dehn replied he will work with evictions. The upper apartment was a problem and he is in the process of evicting them as we speak. Ald. Nicholson asked him the last time he was there. Dehn said he was there at 1:00 P.M. today. Clemens asked when he was there before that. Dehn said he was there yesterday or the day before. They drive by on the average of every other day.
Hartman said she put garbage pails out there and now it is fine. Dehn said it’s a combination of so many things in that area, it’s very difficult and frustrating. He thought he could fix the place up and get good people in there.
Ald. Theisen told Dehn he is glad he came to this meeting and that he will work to be a good landlord. He said he knows good landlords in the area who have no problems. What are they doing different than Dehn? He said he is open to whatever Dehn can do to improve the situation. Dehn said he is limited about what he can do legally. Ald. Theisen said when he was a landlord, he could tell by the type of car people were driving, asked them where they work. They were always careful and successful with no problems.
Attorney Schimmel said the landlord should use a written application form for background and suggested they use a written rental agreement so it tells clearly what they can do. Monthly rent is easier than a yearly agreement where eviction is concerned.
Ald. Graves told Dehn he failed with the background check and now he wants to evict them. Dehn said they passed the background check. It’s his problem, it’s the City’s problem, it’s ICS problem, it’s the neighbors problem. He’s trying to do what’s right as a landlord. Ald. Graves told Dehn to give Officer Swanson his address so when there is a complaint, he can get the information to him.
Attorney Schimmel said it is important to note that it is not the City’s duty to report problems at the property. It is not a defense that you did not get notice of problems. It is your duty to be aware of that.
Ald. Graves wondered why Dehn did not notice the broken window if he drives by every other day. Dehn said the broken window was boarded up for about two weeks. A glass company came and measured and it had to be special ordered. It is now fixed.
Ann Hartman said Dehn can do all the background checks he wants, it is the friends that come there that Dehn never sees. When kids get out of school between 4:00-8:00 P.M. is when problems occur. He is never going to see the bad people and no record. Regarding the nuisance ordinance, she said the nuisance should go with the people, not with the building. She said she would never go through ICS. Somehow the word is that Green Bay has let up. It is not just drugs, it’s underage drinking, children running up and down the street. If Dehn does not drive down his street at 4:00 P.M. in the afternoon, he will never get the people.
Attorney Schimmel said you cannot define a person as a nuisance. Nuisance by definition is use of a property. But if there is a problem, you can notify the police that people are hanging around. You can tell them to leave and if they come back, they can be sited for trespassing. You can’t have people who stay there for more than a couple days without the knowledge of the property owner.
Ald. Theisen said we could refer the problems on Crooks Street to the police to work with the landlords and neighbors. He will hear about the progress. He thanked the committee for their time.
Mr. J. Lochman, Lochman Enterprises LLC, P.O. Box 834, Green Bay, appeared before the committee and said he owns the property at 722-724 Crooks Street. On August 13 he received a phone call from Officer Belongia regarding kids playing basketball in the street. He said the court is not in his property. Tenants at 722 Crooks Street are going to be evicted due to drinking problems. He gave a 5 day warning to kids playing basketball. He gave a 14 day notice to tenants to be gone regarding drug paraphernalia.
Lochman further said he has been a landlord for thirty years. He said he screens tremendously but no landlord can pick a good tenant every time. He said the downtown area is getting tougher and tougher. Nobody from the neighborhood association ever called him. He said he would give them his phone number.
Officer Swanson said in the past years cocaine has soared. We must fight it or it will be a big problem. It takes a while to do things right. All city services are being billed to the property owners.
A motion was made by Ald. Wery and seconded by Ald. Nicholson to return to the regular order of business. Motion carried.
A motion was made by Ald. Wery and seconded by Ald. Nicholson that the request by Ald. Theisen to review the police calls to 724 and 728 Crooks Street be referred to the Police Department to continue working to correct the problems at these addresses. Motion carried.
A motion was made by Ald. Wery and seconded by Ald. Nicholson to adjourn. Motion carried."
Source:
www.ci.green-bay.wi.us/mins_agd/minutes ... 2MN34.html -
Kenneth Warren