HomeMy WebLinkAboutRemove/Abate 2002 CITY HALL
Inspection Services Div
215 Church Avenue
PO Box 1130
QOshkosh WI
54903-1130
O/HKO/H
ON THE WATER
City of Oshkosh
NOTICE TO REMOVE/ABATE NUISANCE
To.'
Ralph A Fischer
735 Wexford Way
Hartland WI 53029
Margaretta P Fischer
735 Wexford Way
Hartland WI 53029
The following parties have an interest in this property and are hereby notified of
this action:
M & IBank
Valley Bank of Oshkosh
50 Pearl Avenue
Oshkosh WI 54901
Document #771379
Document #817439
Document #1120838
Case #02CV000290
City of Oshkosh
PO Box 1130
Oshkosh WI 54903-1130
Document #967464
Winnebago County Treasurer
415 Jackson St
Oshkosh WI 54901
YOU ARE HEREBY NOTIFIED that the two-story building situated on the following
described property, to wit:
Lot Two (2) according to CERTIFIED SURVEY MAP filed in Volume 1 of Survey Map
on Page 3419 as Document No. 936111; being part of Lot 4 and part of Lot 21, per
Leach's Map of 1894 of the South West 1/4 of Section Twenty-three (23), Township
Eighteen (18) North, of Range Sixteen (16) East, in the Sixth Ward, City of Oshkosh,
Winnebago County, Wisconsin.
Which premises are owned by you and known as, 644 W 5th AvenUe, has become
damaged, deteriorated, dilapidated and/or blighted that such building offends the
aesthetic character of the neighborhood or produces blight or deterioration by reason of
such condition. Based upon the following conditions:
> Deteriorated siding and siding applications.
> Deteriorated roofing.
> Deteriorated windows and screens.
> Cracked and peeling paint.
NOTICE TO REMOVE/ABATE NUISANCE
Page Two
Other conditions representative of lack of maintenance.
Deteriorating masonry and joints.
THEREFORE, you are hereby ordered to abate the nuisance(s) noted on this building
within thirty (30) days from the date of service of this order upon you.
YOU ARE FURTHER NOTIFIED that this order is served upon you pursuant to the
terms and provisions of Section 66.0413 Subsection (2) of the Wisconsin Statutes and in
such case made and provided. The City of Oshkosh will petition the county circuit court
to declare this property a nuisance and obtain a court order directing the owner to remedy
the defect and make such repairs and alterations as may be required. Furthermore, the
city will seek court authorization to raze and remove the affected structure(s) and restore
the site to a dust free condition if the court order is not complied with within the time
fixed by the court. Additionally, the costs of such razing and removal shall be charged
against the property, shall be a lien thereon, and shall be assessed and collected as a
special tax.
YOU ARE FURTHER ORDERED AND NOTIFIED that should you fail to comply with
this order to remove any personal property or fixtures in the above described structure(s)
in accordance with Sec 66.0413(1)(i), Wis. Stats., within 30 days from the date of service
of this order upon you the City of Oshkosh may store the same, or may sell it, or if it has
no appreciable value may destroy the same. In case the property is stored and the amount
paid for storage shall be a lien against such property and against the real estate and shall
be assessed and collected as a special tax against the real estate if the real estate is owned
by the owner of the personal property and fixtures. If the property is stored and not
claimed by the owner it may be sold at the expiration of 6 months after is has been stored.
Dated at Oshkosh, Wisconsin, this seventeenth day of December, 2002.
Sin_.cerely, ~ ..
Di~Inspection Serif es
OJ'HKOJ'H
ON THE WATER
City of Oshkosh
Division of Inspection Services
215 Church Avenue
PO Box 1130
Oshkosh WI 54902-1130
Office 920-236-5050
Fax 920-236-5084
ORDER TO ABATE NUISANCE
IN THE MATTER OF:
Ralph A. Fischer and Margaretta P Fischer
735 Wexford Way
Hartland WI 53029
YOU ARE HEREBY NOTIFIED that the City of Oshkosh, Department of Community Development,
Division of Inspection Services has determined that a public nuisance exists on the premises owned
by you and known as 644 W 5th Ave in the City of Oshkosh, Winnebago County, Wisconsin. Said
property has been determined to be a public nuisance, as defined in Secs. 17-31 through 17-44,
the Municipal Code of the City of Oshkosh. Based upon the following violations:
1. Grass and weeds in excess of 8" of growth.
2. Improperly stored firewood.
3. Felled/damaged trees, including that laying on the building roof.
4. Brush piles.
5. Accumulation of junk, debris, broken glass, building materials,
deteriorated play equipment and other materials on the premises.
6. Storage of trailers
7. Deteriorating, unmaintained fence.
tires, furniture,
Inspection on November 20, 2002 by the City Inspection Services Division confirms continued
violation of the aforementioned code sections.
Therefore, you are hereby notified that if such nuisance is not removed or abated within 15 days of
delivery of this notice, the City of Oshkosh shall enter upon the premises and cause such nuisance
to be removed or abated. The costs of such removal or abatement will be billed to the owner of the
property and upon nonpayment will be collected as a special tax upon the property pursuant to ss.
66.0627 Wis. Stats.
Your attention is directed to Sec. 17-38(B) of the Municipal Code of the City of Oshkosh, pertaining
to remedy from the department's order.
Dated this 13th day of December, 2002.
Dire(~,~ Inspection Se'r~ice
P.O. Box 251 · Oshkosh, WI · 54903-0251
Phone (920-235-0017) · Fax (920-235-2122)
PUBLIC RECORD TITLE REPORT
RE: File No. 222156
Prepared for:
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54901
Please be advised that we ~have made a partial examination of the
public records of Winnebago County commencing as of July 16, 1991
at 12:20 P.M. of the record title of the following described real
estate:
Lot Two (2) according to CERTIFIED SURVEY MAP filed in Volume 1 of
Survey Map on Page 3419 as Document No. 936111; being part of Lot
4 and part of Lot 21, per Leach's Map of 1894 of the South West
1/4 of Section Twenty-three (23), Township Eighteen (18) North,
of Range Sixteen (16) East, in the Sixth Ward, City of Oshkosh,
Winnebago County, Wisconsin.
o
Title appears to be vested in: Ralph A. Fischer and Margaretta P.
Fischer, husband and wife, by an instrument dated August 21, 1998
and recorded in the office of the Register of Deeds in said
County on August 26, 1998 at 10:02 A.M. as Document No. 1023471.
o
The above property appears to be subject to the following
mortgage (s):
Mortgage from Ralph A. Fischer and Margaretta Fischer, husband and
wife to Valley Bank of Oshkosh, shoWing an original principal
amount of $75,000.00, dated July 15, 1991 and recorded in the
Office of the Register of Deeds for Winnebago County, Wisconsin
on July 16, 1991 at 12:22 P.M. as Document No. 771379. (NOTE:
Said Mortgage contains additional lands.)
NOTE: An action to foreclose above Mortgage has been commenced and
is pending as evidenced by a Lis Pendens dated March 26, 2002 and
recorded in said Register's Office on March 26, 2002 at 12:43
P.M. as Document No. 1175226.
Mortgage from Ralph A. Fischer and Margaretta Fischer, husband and
wife as survivorship marital property to Valley Bank of Oshkosh,
showing an original principal amount of $17,240.00, dated
November 13, 1992 and recorded in said Register's Office on
November 20, 1992 at 8:42 A.M. as Document No. 817439. (NOTE:
Said Mortgage contains additional lands.)
Assignment of Leases, Rents and Profits by and between Margaretta
Fischer and M&I Central State Bank, dated February 19, 2001 and
recorded in said Register's Office on March 8, 2001 at 9:54 A.M.
as Document No. 1120838. (NOTE: Said instrument contains
additional lands.)
Agreement and Note by and between Ralph and Margaretta Fischer AND
the City of Oshkosh, a Wisconsin municipality, for the sum of
$1,634.11, dated April 14, 1997 and recorded in said Register's
Office on April 23, 1997 at 9:18 A.M. as Document No. 967464.
Continued onto Next Page...
RE:
File No. 222156
PUBLIC RECORD TITLE REPORT
Continued...
4.)
5.)
6.)
Judgments or liens docketed or filed that appear to affect the
above described real estate:
Judgment against Margaretta Fischer and Ricardo and Carol A.
Sinense, 735 Wexford Way, Hartland, Wisconsin, in favor of M&I
Marshall & Ilsley Bank, 50 Pearl Avenue, Oshkosh, Wisconsin, for
the sum of $40,407.95, plus interest, if any, docketed in the
Office of the Clerk of Courts for Winnebago County, Wisconsin on
December 4, 2002 as Case No. 02CV000290.
Real estate taxes appear to be paid through 1998.
Real estate taxes appear to be delinquent in the amount of
$2,613.29, plus interest and penalty, for the year 1999.
Real estate taxes appear to be delinquent in the amount of
$3,334.85, plus interest and penalty, for the year 2000.
Real estate taxes appear to be delinquent in the amount of
$3,240.34, plus interest and penalty, for the year 2001.
Parcel No. 906-0296-01.
This examination is to December 2, 2002 at 8:00 A.M.
This report is based on information recorded and filed in the
various public offices of Winnebago County, Wisconsin. This
report is prepared only for the informational purposes of the
addressee above. Furthermore this report does not purport to
show; recorded or unrecorded easements and restrictions,
environmental liens or superliens, matters of survey,
governmental zoning ordinances, or pending legal actions that may
affect the property described above. The information contained
herein is not to be construed as a legal opinion of title and
this Company is only liable up to the amount paid for this report.
AS SU~/~E ~TITLE & ABSTRACT SERVICES,
dgr
INC.
TAX~9?4D Delinquent Taxes 12/05/02
' 12:04:30
Tax Key#: 906 029601 ** NOTES ** FISCHER/RALPH AND MARGARETT P
Year: 2001 735 WEXFORD WAY
Owner: FISCHER /RALPH/MAR HARTLAND WI 53029-2535
Phy Address: W 5TH 644
As Of Date: 12/31/2002
Waive Iht & Pen: P
General Special Interest
Tax Assessment Int & Penalty Year
1999 1322.78 1290.51 .350 914.65 3527.94
2000 1409.05 1925.80 .230 767.02 4101.87
2001 1498.07 1742.27 .110 356.44 3596.78
F3=Exit F?=Notes
F9=Public Inq
+
Grand Total Due: 11226.59
F10=Print Statement of Delinquent Taxes
O/HKO/H
ON THE WATER
RAZE/REMOVE/ABATE REQUEST
Name: Margerett Fischer Address: 644-W5th Ave
735 Wexford Way
Hartford WI 53029
Problem/Violation of: 17-36A & B; Failure to maintain premises
and building on the premises.
Brief History Review: Orders issued October 8,2001 and again on May
21, 2002 to clear the premises of debris, some storm related, household
garbage and auto parts. Order also included that the yard be maintained
and the grass kept mowed. Citations were issued on June 27, 2002 for
failure to comply with orders. The owner subsequently defaulted by
failure to appear and fines for three violations were assessed at $728.00
per citation. There has been some contact with the owners daughter but
very little has been done to correct violations. Continued complaints
resulted in an inspection on November 20, 2002. The grass had not been
cut, garbage was strewn along the South side of the building. The large
tree felled by the June 2001 storm was still on the premises. A closer
inspection of the building itself revealed exterior deterioration to the
roofing, siding, windows etc, the building being generally rundown.
.The building was being rented as a single family dwelling during the
May 2002 inspection. The property was also being used as a storage
area for a tree service which now appears to have ceased.
Attachments: Orders: X Photos: X Other:
Raze/Abate .R..e.q.u..e.s.t.e..d. ,B..y.:..B.r.u. ce Luedtke Date.! ..N,o.v.e..m.b..e.r..2.0....2.0.02
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1JIVISIOn ~upervlsor. ///~/~
Dlr. Community Dev: (/Xx
City Manager: ~ ~ ~