HomeMy WebLinkAbout05. 22-112
MARCH 22, 2022 22-112 RESOLUTION
(CARRIED___ 6-0_ ____LOST________LAID OVER_________WITHDRAWN________)
PURPOSE: DISALLOWANCE OF CLAIM BY ROBERT WILCOX
INITIATED BY: LEGAL DEPARTMENT
WHEREAS, the following claim has been referred to the City's insurance carrier
which has recommended disallowance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the proper City officials are hereby authorized and directed to disallow the
following claim against the City of Oshkosh:
Robert Wilcox DATE OF LOSS: 07/14/2021
(for alleged violations related to inspection of 676 Jefferson St.)
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the
claimant by certified mail of the disallowance and the fact that the claimant has six months
from the date of service to appeal.
BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this
resolution and notice of disallowance to the appropriate insurance carrier for the City of
Oshkosh.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn Lorenson
DATE: March 17, 2022
RE: Disallowance of Claim by Robert Wilcox
BACKGROUND
On or around January 27, 2022, Robert Wilcox served a “Notice of Claim” on the City of Oshkosh
Inspections Division. The Notice of Claim was not served on the Clerk’s Office.
The Notice of Claim relates to rental property known as 676 Jefferson Street, Oshkosh, WI
(“Property”). In July 2021, the tenant contacted the City with concerns regarding the property
condition and requested an inspection. The Inspection Services Division conducted an
inspection on July 14, 2021 and subsequently sent out a notice with several code violations to
Edward and Dianne Wilcox (the owners of the Property).
The Notice of Claim is related to costs that Robert Wilcox alleges he incurred as a result of the
inspection. The Notice of Claim requests a total of $4,300 and additional injunctive relief,
including a claim that the City be prohibited from enforcing a code violation.
ANALYSIS
The City has tendered the defense of this claim to its insurance provider, Statewide Services Inc.
Statewide has retained Attorney Ashley Lehocky to handle the matter. Atty. Lehocky has
recommended denial of the claim.
RECOMMENDATION
I recommend disallowance of the claim.
Respectfully Submitted, Approved:
Lynn Lorenson, City Attorney John Fitzpatrick, Asst. City Manager