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HomeMy WebLinkAboutLTRS-ATTORNEY 3/05 Spoeh~, Smits & Blazel, LLC AT T 0' R N E Y SAT LAW " 118 N. Pearl Street Post Office Box 191 Berlin, Wl54923-0191 REC E IVE D ~::{:26~)-~~i:4447 MILTONSPOEHR CONNIE SMITS JOHN M. BLAZEL March 11,2005 MAR 1 42005 COMMlINrrv Mr. Allyn Dannhoff City of Oshkosh P.O. Box 1130 Oshkosh, WI 54903-1130 RE: City of Oshkosh v. Nicholson, et al Dear Allyn: Enclosed is a letter and judgment that I had the Police Department serve on Ken Nicholson. It was served on him on March 8, 2005. You will note that he has 30 days to abate the nuisance or the City can go in and clean up the property and charge the costs back to him. Please let me know if he does not comply. Ifhe does not comply, we will have to ask the judge for a warrant in order to enter the property. The warrant is a formality and will not take more than a couple days to get fi:om the court. If you have any questions or concerns, please feel free to contact me. Thank you. Sincerely, SPOEHR, SMITS & BLAZEL, LLC ~.~az~ JMB/cab Spoehr,.Smits & Blazel, LLC A ToT 0 R N E Y SAT LAW cop--l 118 N. Pearl Street Post Office Box 191 Berlin, WI 54923-0191 (920) 361-1777 Fax (920) 361-4447 MILTONSPOEIIR CONNIE SMITS JOlIN M. BLAZEL March 1,2005 Mr. Kenneth Nicholson 1733 Georgia Street Oshkosh, WI 54902 RE: Judgment for Abatement Dear Mr. Nicholson: Please be advised that according to a judgment entered in the Circuit Court on February 24, 2005, you have 30 days to abate the public nuisance at the premises at 1733 Georgia Street, Oshkosh. If you do not do so, the City has been empowered to abate the nuisance and charge the costs back to you. The judgment is enclosed with this letter. If you have any questions or concerns, please feel free to contact me. Sincerely, SPOEHR, SMITS & BLAZEL, LLC '}A-M ~ John M. Blazel JMB/cab Enclosure - , ., - STATE OF WISCONSIN CIRCUIT COURT WINNEBAGO COUNTY CITY OF OSHKOSH Petitioner, FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT FOR ABATEMENT OF PUBLIC NUISANCE -and- CASE NO.: 04 CV 996 KENNETH NICHOLSON 1733 Georgia St. Oshkosh, WI 54902 CASE CODE: 30405, Other Real Estate Respondents. r~'~~'i;~T6'61~;;~lF-~1 F ," ---1'1 \ I.. OO~~ll L FEB214( J ':.: E Ic D CIVIU~~OI" D WINNEBAGO COUNTY 415 Jackson St. Oshkosh, WI 54901 The above-entitled matter, having been reviewed by the above court by Honorable Robert Hawley, Circuit Court Judge, presiding, receiving no answer or objections from any of the defendants, and that all other defendants are in default and the court having reviewed the documents ()n, file ,herein .and þeing flI!lyadvis,eA inthepremi,ses, therefore I11,¡¡kes, and, tIles the following fllidingsoffactand,conc1tÎsions oOaw/¿ol\s,titûting itsdecisioll.in th.is'¡¡çti<;m. .'. , , '."'. , " " ' "..," ," FINDINGS OF FACT I. That the allegations of the Petition are proven and true. 2. That the premises is located at 1733 Georgia Street in the City of Oshkosh, which is more particularly described as follows: Lot Fifty-four (54) in the Subdivision of the North West 1/4 of the SOUTH WEST 1/4 of Section Twenty-six (26) Township Eighteen (18) North, of Range Sixteen (16) East, in the Thirteenth Ward, City of Oshkosh, Winnebago County, Wisconsin, per Leach's Map of 1894, and now in the Fourteenth Ward of said City, excepting therefrom the East Thirty (30) feet thereof. 3. Due notice of the pendency of this action was duly filed, after the filing of the Petition, on Oetpþer 15, 2004, and more than 20 days prior to the tr\al,ofthis action" in the office of the, Register ofDe.eqs for Winnebag() c:ountY,Wiseonsi~, inthe maÍ1rer and form requiredby law.' '.." '."'.' '" ',".'" t" , . , ". " . CONCLUSIONS OF LAW 1. That the premises at 1733 Georgia Street in the CityofOshkosh as more particularly described in the Findings of Fact, constitutes a public nuisance pursuant to Chapter 823, Stats. 2. That the Amended Summons and Petition in the above-entitled action was duly and personally served on Kenneth Nicholson. Winnebago County duly admitted service of the amended Summons and Petition. That the time for answering said Petition has expired. 3. That the current owner and any subsequent owners of the property shall remedy the conditions that create the P!1blic nuisance and make such repairs and alterations as are necessary in order to eliminate the public nuisance. 4. That the owner of the premises shall have 30 days by v:hieh the defec,t shaH be remedied and the repairs and alterations completed. 5. That if the nuisance is not abated within 30 days, the City of Oshkosh Building Inspector will be authorized to take such actions as are necessary to abate the nuisance. NOW, ON MOTION OF JOHN M. BLAZEL, ATTORNEY FOR THE PLAINTIFF it is ordered, that an order be entered requiring the nuisance to be abated pursuant to the demand in the Petition and in accordance with the above findings and conclusions. JUDGMENT FOR ABATEMENT OF PUBLIC NUISANCE The court having issued its findings offact and conclusions oflaw, enters the following ordered and adjudged: I. It is hereby ordered that the owner of the premises at 1733 Georgia St. in the City of Oshkosh, abate the public nuisance on that premises pursuant to Chapter 823, Stats. 2. It is further ordered that the public nuisance be abated within 30 days. 3. Iflhe nuisance is not abated within 30 days, the City of Oshkosh Building Inspector wiIl be authorized to take such actions as are necessary to abate the nuisance. 4. It is further ordered that the City shall have execution in the common form for the City's damages and costs incurred in abating the nuisance and the City shall be entitled to a warrant to the Oshkosh Building Inspector requiring the Building Inspector to abate and remove the nuisance at the expense of the defendant Nicholson. " '-'.. 5.- The expense of abating the nuisance pursuant to the warrant shall be collected by the Buildilig Inspector in the same manner as damages and costs are collected upon execution or may be collected by finding the defendant Nicholson personally liable for the expenses, as provided in Section 74.53, Stats. The Building Inspector may sell any items abated or removed as a nuisance in the manner that personal property is sold upon execution and may apply the proceeds to pay the expenses of the abatement, paying the residue, ifany, to the defendant. 6. That the City be awarded court costs/recording costs in the amount of$253.00, recording of certified Lis Pendens of $14.00, title work in the amount of $50.00, together with statutory attorney's fees of$IOO.OO, for a total of$4l7.00. Dated this 4day of February, 2005 BY THE COURT: Attorney John M. Blazel WSB#1O18059 SPOEHR, SMITS & BLAZEL, LLC P.O. Box 191 Berlin, WI 54923-0191 (920) 361-1777