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Home My WebLink About1993-Raze and Remove Notice of "-""pa', " M E M 0 RAN 0 U M TO' FROM' DATE' RAZE REQUEST AND REMOVE OCTOBER 13, 1993 NAME RICHARD P. JOAS AND/OR SCOTT & KATHY REYNOLDS 523 WEST 4TH AVENUE PROBLEM/VIOLATIONS OF 7-48A DELAPI13ATED UNINHABITABLE DWELLING. BRIEF HISTORY/REVIEW AN INSPECTION OF THE INTERIOR OF THE DWELLING ON SEPTEMBER 29, 1993 REVEALED MAJOR STRUCTURAL PROBLEMS AND INSECT INFESTATION CAUSING FLOORS TO SAG AND PORTIONS OF THE DWELLING TO LEAN, COUNTLESS HOUSING CODE VIOLATIONS, SOME RENDERING THE BUILDING UNINHABITABLE, WIRING RIPPED OìJr OF THE WALLS, RooFlliKS CAUSING INTERIOR DAMAGE AND GENERALLY RUN DOWN TO THE POINT WHERE IT WOULD BE UNFEASIBLE TO TRY AND RE- PAIR THE STRUCTURE. INCLUDED ARE THE NOTES TAKEN BY THE CHIEF BUILDING INSPECTOR AND PHOTOGRAPHS TAKEN BY THE HOUSING INSPECTOR. THE DWELLING WAS POSTED "UNFIT" ON SEPTEMBER :3EL 1993 IN THE PRESENCE OF THE LA[\[) CONTRACTOR) RICHARD JOAS. HE wAs INFORMED TO CONTACT TRIS OFFICE AS TO HIS INTENTIONS ON THE RAZING OF THE DWELLING WITHIN TWO WEEKS OF THE POSTING. HE WAS ALSO INFORMED A RZE AND REMOVE ORDER WOULD BE ISSUED.IF HE TOOK NO ACTION TO RAZE AND REMOVE THE DWELLING HIMSELF, CITATION REQUESTED BY: BRUCE LUEDTKE:: *******************************--**** A A A), ),),), A ******************************* CITY MANAGER DIVISION SUPERVISOR DATE 1fA DATE !ß. J'~ 7 DATE /ð/;~1?3 .~ OJHKOfH CODE ENFORCEMENT DIVISION Department of Community Development City of Oshkosh ON 'HE ,vA'" VIOLATION/CORRECTION NOTICE OCCUPANCY INSPECTED ADDRESS OWNERS NAME ADDRESS NOTICE DELIVERED/EXPLAINED TO Date Inspected SEPTEMBER 29, 1993 SINGLE FAMILY DWELLING 523 WEST 4TH AVENUE RICHARD P. JOAS 5346 EUREKA, WINNECONNE, WI., 5496 MAILED FOLLOWING INSPECTION WITH BUILDING AND ELECTRICAl INSPECTORS cc: ITEM # ORDER NOTIFImTION OF UNFITNESS FOR HU~'It\N HABITflTION, OCCUPANCY OR USE FINDINGS OF INSPECTION 1, 16-31 IT IS THE DUTY OF THE HOUSING INSPECTOR, OR DESIGNEE TO NOTIFY THE OWNER AND THE OCCUPANTS THAT SUCH PREMISES ARE ~NFIT FOR HU~~ HABIT- ATION, OCCUPANCY OR USE, AND SHALL NOT BE OCCUPIED UNTIL APPROVAL BY THE HOUSING INSPECTOR OR DESIGNEE. m~ANABfmrT}{f!8~~oE~oÞMWðWlfsËNG F~S T~~E~OrE~~~G A~~~~~~; FOR STRUCTURAL DETERIORATION HOUSIN~ CODE VIOLATIONS DISCONTINUED UTILITIES q-:so THE DWELLING/BUILDING SHALL NOT BE OCCUPIED, RENTED OR ADVERTIZED FOR RENT PER SECTION AG 134.09 (1) OF THE WISCONSIN ADMINISTRATIVE CODE, Ò .4f-dJ¿~ cg f~~} 04~ Úc:) WC<-<)~. -:f ~LJO- ~ À.o..d ~ w~ 1;; ev.--X:----A- £A.4 '..fò.-- IÍ/Ã.Z-lilljt-P"-'! 6u' (ÒIVl3 oV IN-e vuóu!J I. S:$¡J¿: ra,2..f:- ~ \[Cpa..(f{" OvcJev-, )JD CONIilCT COMPLIANCE DATE Ifv'MED IATEL Y (Oct <6) ICiC¡3 INSPECTOR U" . / ¡ II L&~f4Æ1 ~ ; L' , HOUSING INSPECTOR /55W € R..rz[+I<ErnoV~ I 1 I ",'" 9/29/93 2:30 p.m. 523 W. 4th Avenue Roof 1 - Bowed (Sagged) North to South. Wall below is starting to buckle at ground level (Foundation boards rotting) . 2&3 Roof sagging. Concrete poured along East wall - expanding foam used here to seal concrete to wall base. All windows falling apart. 5 rotted roof framing- also in a catch area for rain. pitch. No positive Interior- Floors go in several directions. Wood floors bounce. Bathroom needs total gut. NW Corner room- Mold/mildew 3' high on walls - floor leans to NW corner - Sub floor & carpet is drenched and rotted(Foundation also) Note: Water line 6" up on wall. Floors lean toward West wall- drop from center wall to West wall in excess of 6" Kitchen has 6'4" ceiling- sagging Crawlspace access- all joists and beams within sight of this access are wet, deteri orated, severe rot & powder post deterioration. Not enough room to crawl to check rest of Foundation. Roof 4 saas at North half and rises in South half then sags again at South ~all.Wall is pushed out at bottom of North half of this wall. Garage has been subject to a previous fire. Sill plates are rotted. Garage room sags from peak to eave. Structure leans to the West. Corners are rotted. Non-Code exterior setbacks. ~ OFFICE OF JOHN A. MOORE ATTORNEY-AT-LA W 3 ALGOMA BLVD. OSHKOSH, WISCONSIN S4901 TEL. (414) 235-1520 March 1, 1994 MA:=1 4 1994 Mr. Allyn Dannhoff Chief Building Inspector City Hall 215 Church st. Oshkosh, WI 54901 RE: Richard Joas vs. Scott and Catherine Reynolds, 523 W. 4th AVe. ,Oshkosh, WI Dear Mr. Dannhoff: We represent Richard and June Joas. Following con- ference held at your office, the writer proceeded as rapidly as possible to locate all of the defendants. We attach a copy of the Summons and Complaint so that you can ascertain who the parties involved are and you will notice that for emphasis, we attached a copy of the Notice to Raze and Remove Building as promulgated by your office under date of November 1, 1993. We did not, at that time, have identified all of the lien claims against this building. We obtained a sheriff's certificate that the defendants, Scott Reynolds and Catherine Reynolds could not be found. The remaining defendants were served with the Summons and Complaint on the following dates: David Hebert January 25, 1994 Wis. Dept. of Revenue January 31, 1994 Wis. Power & Light at: City of Omro January 25, 1994 City of Madison February 1, 1994 James Frihart January 25, 1994 Wis. Public Serv.Corp. at: City of Oshkosh January 25, 1994 City of Green Bay February 2, 1994 H. Peter Kohlhoff January 25, 1994 Wis. Bell (Ameritech) February 3, 1994 Winnebago Oral & Masillo- facial January 25, 1994 Thomas C. Morris January 25, 1994 Service was acquired on Scott and Catherine Reynolds by publication of a 40-day Summons which was published February ,.. - Page 2 Mr. Allyn Dannhoff RE: Joas vs. Reynolds March 1, 1994 3, 10 and 17, 1994. The other defendants were served with a 20-day Summons except the Wisconsin Department of Revenue. This last defendant was served a 45-days Summons and, in fact, admitted service as of January 31, 1994. We do not anti- cipate that the Wisconsin Department of Revenue will take issue with the allegations of the Complaint but we cannot guarantee it. We will endeavor to take Judgment of Strict Foreclosure as soon after the 45 days are up as by that time the 45 day period will have expired. We have had a notice of retainer from the attorney for Wisconsin Bell and Ameritech. For your information, we will proceed as rapidly as possible following March 17, 1994, which is the expiration of the 45 day period, and will advise you as soon as we can as to the time when we will have been able to proceed to take a Judgment of Foreclosure unless the Attorney General's office interposes a pleading objecting to the foreclosure. We do not expect any substantial delay. The defendant, Wisconsin Depart- ment of Revenue, will be represented by Attorney James Harnett of Madison but in view of the fact that the dwelling on this property is condemned and will be torn down and the substantial default in performance by the persons against whom the lien was filed (Scott and Catherine Reynolds for tax lien of $519.80 which lien was filed June 17, 1993), it is to be hoped that the Wisconsin Department of Revenue will not try to block the defendant's pursuit of his remedy. You will recall that the plaintiff, Richard Joas, is able to obtain a contractor who will remove the building for the salvage and that would save him a substantial amount. The court costs Mr. Joas already faces are, according to my calcula- tion, $592.42,as of this date, the same for newspaper publica- tion, Clerk of Court's fees, title insurance and sheriff's fees. We do not know what the remaining expenses may be but certainly, it is hoped that the foreclosure can be ended shortly after March 17, 1994 and we will remain in touch.with you. It is requested that you forebear in giving the contract to raze the building to somebody other than Mr. Joas who can obtain someone to do the work and you will note that his only salvage will be in the building lot. JM/ds cc: Mr. & Mrs. Mr. Warren Yours trul~/7d/~h / Jou/9: *RE çtA t fc/:;..tt; f/ VC- RicharUa~ Kraft, City Attorney OJLrfL ¡Q , - -------' -- STATE OF WISCONSIN, Winnebago Count 55. or ,se; is in dan..r of "'ucrural collapse; and \s in a condmon making it u__ble to...." "'" same. T ( cose toço said CilY remo shall ço~ TI- FIE der to remove any persona' pr_rtv or fixMe, on 1!>e ' aboVe desCribed structure(s) ,n accordance w,'" sec. 66.05(5), Wi'. 5Ia"'., wi"'in 30 days fro~ "'" date of service of "'is order UpOn you "'~ CoIY. qt OshKosh may store"'e same, or may sell ," or " ,t has no appr""iab'e value maY destrOY the sa~e. In cose "'e property is stored and the amou", pa,d tor stor..e shall be a lien against such pr_rty a~~ an nolclaimed . aybeseldal""', expiration of 6 mon"'s atter " has been stored, Dated al OShKosh,Wisconsin""",'st day of No, . vem"",, 1993.' , , 'Allyn Qannhoff , Chief Building Inspector PublishedNoy.1O-17-24,1993 ---_nÛ-.!r._~_~_c2>i,.i;.!:!!-SIL~_- being duly sworn on oath, says that he is the foreman for the printers of The OSHKOSH NORTHWESTERN, the official City paper, a daily newspaper published in the City of Oshkosh, in said County; and that the 'annexed printed notice taken from said paper, has been published in such paper on the following dates ___--__nn--_--_n_----------------------- - - - - - - - - - - - - - - - - -- - - - - - - - - - - - -- -- - - - - - - - - -- -- -- - - -- --- - - -- ~;1~~~ ~~~~ iÒ ~~!~ 1~~ ~ ~L; ~ ~ 1 ~i3 ~~ ~~ ~~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ - - -- - - ---- -- - - - - - - - - --- - - --- - -- -- - - -- - - -- -- -- -- -- --- - - -- -- ,- - -- - - -- -- -- ---- -- - ___n_---- -- __n ---- -- ---- -- - n_------- ,- - - - - - -- -- - - -- -- -- - - --- ------ -- ---- -- - - -- ---- n - - -- -- - - --- - - - - - - - - - - - - -- - - -- - - - - - - - - -- - -- - - - - - - - - -- -- - - -- -.. - - -- - ---- ,- - -.. - - -- - - - - ---- - --- - -" - --". -- - -- -- - - -- ___n__--- -- - --- --- - , -- - - -- -- - --- - - ~~~ 9=~- ~~ ~~ ~~ ~- ~~ ~~ ~~~ Sob",""d ..d ow.m ,~ bd... m' ~j1UD--- day of m_fßd:L'l..ilinm__nm_m_A. D.. 19'5fH ---~--~-~-- No. ____n_n_n Notary Public, Wisconsin OSHKOSH NORTHWESTERN COMPANY Printer's Fee, $nß93--9_'i I 1:37 ",-. ,-- , I I , I I I I I I I I I I I , I I '---- - STATE OF WISCONSIN. }SS "",:Vi~~,e~":~~,~"~~~t;:.",. .'".,"',.'.." ,:", NOTICE TO RAZE AND REMOVE BUILDING To.. John R. """'ham '98' Washington St. P.O. Box 0035 Butte des Morts, WI 54"7 Noncy J. Abraham '98' Washington St. P.O. BoxJ03S CITYOFOSHKOSH ALLYN DANNHOFF CHIEF BUILDING INSPECTOR "~':"" --JI/no28..Julv5-12.1m,.. .", ^' . " . '..' "- '-----",-,---_._-- '.., " -----h-.tLu.'it.oh_-;Zc_fJ~~~.,;..)j:"- being duly sworn on oath, says that he is the foreman for the printers of The OSHKOSH NORTHWESTERN, the official City paper, a daily newspaper 'published in the City of Oshkosh. in said County; and that the annexed printed notice taken from said paper, has been published in such paper on the following dates h_--____---------------------------------- -- ---- ---------- -- -- ------ --- -- -- ---- ------------------- ~:; ~~~~f~z¡ i~~~~ ~~ ~~ ~~~~ ~~ ~~~~~~~~~~~~~~~~~ - - - - - - -- - - - - - - - - - - - - -- - -_n- - -- -- - - -- -- - - -- - - -- - - -- - - - -- -- - - -- -- -- -- - - -- - - -- - - --------- -- ---- -- - --- ---- -- -- --------- -- - - -- -- - --- - - -- -- -- --i- ---- -- - - ---- -- -- -- ---- -- - - ----- ---- - - -- -- - - - - - - -- -- -- - - - - - - - -- - - -- - - - - - - - -- - - ---- - - -- - - - -- ---- - - - - - - - - - - - - - - -- - - -- - - -- ---- - - - -- n- - -- -- -- -,,-- -- ------ --- - - - - - - - - - - -- - - ~ ~ ~~~ ~ ~~=~ a=~ Subscribed and sworn to before me th::-_~_-~.a~-= day of _m_ß~~----_m--h__A. D., I£J. m_~_~- No. ------------ Notary Public, Wisconsin OSHKOSH NORTHWESTERN COMPANY Printer's Fee, $--~!!~-'iL_h '" -------., CERTIfICATE Of NON-SERVICE STATE OF. WISCONSIN) . ) SS WINNEBAGO COUNTY) I CERTIFY THAT I WAS UNABLE TO LOCATE THE DEFENDANT June G. Joas AT THEIR USUAL PLACE OF ABODE IN SAID COUNTY. ~ DOES NOT RESIDE AT THIS ADDRESS. NO SUCH ADDRESS. ---- SEVERAL ATTEMPTS, NO RESPONSE. NO FORWARDING AT POST OFFICE Living at 3200 Eagle Rd. Wisconsin Rapids SERVICE FEES: $ 12.00 ROBERT G. KRAUS SHERIFF, WINNEBAGO COUNTY BY A~ d~--,--'-/ DEPUTY SHERIFF DO NOT REMIT FROM THIS DOCUMENT. WINNEBAGO CO. INVOICE WILL FOLLOW. WCSD 1123 OJ/89 Jê¿ " (>:;l J tJ, Vrh --'- c ' CERTIFICATE OF SERVICE STATE OF WISCONSIN) , )SS WINNEBAGO COUNTY) I CERTIFY THAT AT THE City OF Oshkosh AT 10:11AM ON THE 15th DAY OF November THE WITHIN Notice to Raze and Remove BuiIding IN SAID COUNTY I9~, I SERVED FOR A. Richard P. Joas BY PERSONALLY GIVING IT TO Richard P. Joas at 420 Jackson St. BY SERVING , A FAMILY MEMBER PURPORTED TO BE AT LEAST 14 YEARS OF AGE. AFTER REASONABLE & DILIGENT SEARCH. HAVING BEEN INFORMED OF ITS CONTENTS. GIVING IT TO A REPRESENT- ATIVE OR AGENT B. C. I FURTHER CERTIFY THAT AT THE TIME OF SAID SERVICE I ENDORSED THE DATE OF SERVICE, MY NAME AND OFFICIAL TITLE ON COpy SO SERVED. ROBERT G. KRAUS SHr;¡{.F. ¿INNEBAGO COUNTY By8J.JOAd\ DEPUTY SHER I FF FEES: SERVICE TRAVEL EXTRA TIME POST OFFICE TOTAL $ 24.00 $ 8.00 $ $ $ 32.00 DO NOT REMIT FROM THIS DOCUMENT. WINNEBAGO COUNTY INVOICE WILL FOLLOW. WCSD 119 01/89 r&. S-:Z3 úJ- (do ~ I)Je service of NOTICE TO RAZE AND REMOVE BUILDING at 523 H. 4th Aven1Je, Oshkosh, Hisconsin, is admitted this ~,day of November, 1993. ~SG~ ~ ' . B:r: ~ ~ Tit1e:~~. - / ~ ~j- ~ y;), ~, Due service of NOTICE TO RAZE AND REMOVE BUILDING at 523 H. 4th Avenue, Oshkosh, Hisconsin, is admitted this { ( day of November, 1993. ~ fvlISCONSIN (DEPARTMENT ~ ~:~b Title: .A?ffCrOYA~Y /d<:'-d-"'L) ï(ù - &.~ /vl ~êJ CERTIFICATE OF SERVICE STAT E OF WISCONSIN ~ 55. WINNEBAGO COUNTY I hereby certify that on behalf of the City of Oshkosh, a municipal corporation located In Wlnnebago County, Wisconsin, I served the within NotIce to Raze and Remove Building on the within named THOMAS C. MORRIS by leaving with and delivering to ~r hvt>\c,'> C ;11/>/05 ¡,ç;;J. '7 ßw,,/'cK.' (odr;;ss) Oshkosh, Wisconsin, whom I duly Informed Of Its contents, and I further certify that at the time Of said service, I endorsed the date of service, my name and offiCial title on the copy so served. at @Z!l- , VU~~~ . flcer same) At: r/~g-'15 ~;:lO¡'fU (Date and TIme of Service) He: 523 W. 4th Ave. ..------. ¡: ~'!¿'<-'¿N/ /; {!c..-Ij¡. ¿UÛ; t7 ,\, CERTIFICATE OF SERVICE STAT£ OF WISCONSIN ! 55. WINNEBAGO COUNTY I hereby certify that on behalf of the City of Oshkosh, a municipal corporation located In Wlnnebago County, Wisconsin, I served the within Notice to Raze and Remove Building on the within named WINNEBAGO ORAL by leavIng wIth and delivering to Dr jY\\d,-c.eJ Îf\,-Fc<rl""e 5;15 b.:x..-k.~'" c! I ,-",(...J(oc,k, lJ~ 5'{9OI (address) Oshkosh, WIsconsin, whom I duly Informed of Its contents, and I further certify that at the time of said service, I endorsed the date of service, my name and at offIcial title on the copy so served. 'KJ L2~ ( cer's Name) At: 11-8-93 3'.I5F>,IV\. (Date and Time of Service) re: 523 W. 4th Ave. Return to City Attorney (,---> CERTIFICATE OF SERVICE $T.ATE OF WISCONSIN ~ SS. WINNEBAGO COUNTY) I hereby certify that on behalf of the City of Oshkosh, 0 municipal corporation located In Winnebago County, Wisconsin, I served the within Notice to Raze and Remove Building on the within named WISCONSIN PUBLIC SERVICE CORP. by leaving with and del Iverlng to Ko.r<..," ¡.Jo,,-6e.) ot .3 30 C ¡..5>, me... ~ 1\ (address) Oshkosh, Wisconsin, whom I duly Informed of Its contents, and I further certify that ot the time of said service. t endorsed the date of service, my name and official title on the copy so served. tÇlLJ~ (Officer's Nome) At: II-g-"13 '3é'-i5P,ry',. (Date and Time of Service) He: 523 W. 4th Ave. '- ¡({-t7-(.'~-1J tv ¿f¡:- t:lc.Ù ,0 CERTIFICATE OF SERVICE STATE OF WISCONSIN l SS. WINNEBAGO COUNTY I hereby certify thot on beholf of the City of Oshkosh, 0 munlclpoI corporotlon locoted In Wlnnebogo County, Wisconsin, I served the within Notice to Roze ond Remove Building on the within nomed DAVID HEBERT by leovlng with ond delivering to 1<','111 !/eb<yf tf)t¡:;l.. w 1714 4~e (oddress) Oshkosh, Wisconsin, whom I duly Informed of Its contents, ond I further certify thot ot the time of sold service, t endorsed the dote of service, my nome and at offlclol title on the copy so served. ~ffb{~ At: //-'8'~c¡.3 ? r I :$~ (Doteond Time of Service He: 523 W. 4th Ave. . -~ r /- ) h é;"L, "DC(,,} 1'c.¿£<-<--1-~IL c;r. ( \ CERTIFICATE OF SERVICE STATE OF WISCONSIN ~ SS. WINNEBAGO COUNTY I hereby certify that on. behalf of the City of Oshkosh, a municipal corporation located In Wlnnebago County, Wisconsin, I served the within Notice to Rue and Remove Building on the ~Ith!n name~ 77 by leaving with and delivering to \ Jqn es / r/ 0.- cP 6C) ¿r:'¡ß i l/ M . .~/J e- . address) Oshkosh, Wisconsin, whom I duly Informed of Its contents, and I further certify that at the time of said service, I endorsed the date of service, my name and at official title on the copy so served. /~~~ ) v "'-' u... , At: {(~-~ )~ ( a e an T me of Serv ce re: 523 W. 4th Aye.