Cal. Civ. Code § 823.113
Drug or criminal gang house a public nuisance.
Operative Text
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.
Wisconsin Statute § 823.113 classifies buildings used to facilitate drug delivery, distribution, or manufacture—or used as meeting places or operational bases for criminal gangs—as public nuisances. Once a property is designated a public nuisance under this provision, local governments (cities, towns, or villages) can pursue court action to shut down the activity and obtain injunctions against everyone involved, including owners, lessees, and tenants. Courts may also order the physical closure of the property, weighing factors such as the nuisance's duration, prior compliance with court orders, harm to neighbors, and the impact on any uninvolved residents or occupants.
Plain English — not legal advice.
Under Wis. Stat. § 823.113, property owners can be named as defendants in a nuisance abatement action brought by the local municipality, even if the owner did not personally participate in the illegal activity. Compliant operators generally conduct regular property inspections, respond promptly to law enforcement notices, and take documented steps—such as lease enforcement and eviction proceedings—to address prohibited conduct on their premises. Maintaining records of these efforts is relevant because courts evaluating closure orders under § 823.113(4) explicitly consider prior compliance with court orders and steps taken to abate the nuisance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 823.113 allows courts to issue closure orders that can displace residents who are not themselves named in the nuisance action, but the statute requires courts to weigh the impact on uninvolved occupants, including the availability of alternative housing and any pending eviction proceedings. Tenants who believe they are being affected by a § 823.113 action—particularly those who had no involvement in the nuisance activity—may have grounds to present evidence of their non-participation to the court as part of the closure analysis. Tenant-rights organizations and legal aid services in Wisconsin can help residents understand how this provision may apply to their housing situation and what options may be available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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