823.113.Drug or criminal gang house a public nuisance.

Section 823.113 extends the nuisance framework to properties tied to drug activity and criminal gangs. Any building or structure used to facilitate the delivery, distribution, or manufacture of a controlled substance or a controlled substance analog, as those terms are defined elsewhere in the statutes, or where those acts take place, is a public nuisance that can be proceeded against under this section. The section separately defines a criminal gang using the meaning already given in s. 939.22 (9), and declares a building or structure used as a criminal gang’s meeting place, or to facilitate gang activities, a public nuisance as well.

Where the nuisance exists, the city, town, or village where the property sits may sue in circuit court to abate it and to permanently enjoin everyone guilty of creating or maintaining it, along with the owner, lessee, or tenant of the building or structure and the owner of the land it sits on.

If the nuisance is shown to the court’s satisfaction, whether by verified complaint or affidavit, the court issues a temporary injunction to abate and prevent the nuisance from continuing or recurring, which can include ordering the property closed. Any temporary injunction under this section issues without the undertaking s. 813.06 would otherwise require. When the municipality asks for closure, whether for a set or an open-ended period, the court has to weigh the extent and duration of the nuisance at the time of the request, the defendant’s prior efforts to comply with earlier orders to abate it, how the nuisance has affected others such as residents or businesses, and the effect closure would have on any resident or occupant not named in the action, including whether alternative housing or relocation help is available, whether an eviction is already pending, and any evidence that the resident participated in the nuisance activity.