Loading...
HomeMy WebLinkAboutLTR-ATTORNEY 7/22/05 Spoehr, Smits & Blazel, LLC ATTORNEYS AT LAW JUL 2 5 2005 118 N. Pearl Street Post Office Box 191 Berlin, WI 54923-0191 (920)361-1777 Fax (920) 361-4447 MILTON SPOEHR CONNIE SMITS JOHN M. BLAZEL July 22, 2005 Mr. Allyn Dannhoff City of Oshkosh Director ofInspection Services P.O. Box 1130 Oshkosh, WI 54903-1130 RE: City of Oshkosh v. Nicholson, et al Dear Allyn: Enclosed is your Warrant to Abate a Public Nuisance. Please contact me if you have any questions or concerns. Nicholson does not know that this warrant was issued because his mail came back to me as "Not Deliverable" because he did not have a mail receptacle. Therefore, you may want to take a police officer with you when you go so that there is not a disturbance. I am also enclosing a copy ofthe Findings of Fact, Conclusions of Law and Judgment for Abatement of Public Nuisance for your review with respect to the collection of the expenses incurred in abating the nuisance. Please contact me if you have any questions or concerns. I will be out of the office the last week of July, but will be back on August 1. Thank you. Sincerely, SPOEHR, SMITS & BLAZEL, LLC ~f1~ John M. Blazel JMB/cab Enclosures STATE OF WISCONSIN CIRCUIT COURT WINNEBAGO COUNTY CITY OF OSHKOSH Petitioner, WARRANT TO ABATE PUBLIC NUISANCE -and- CASE NO.: 04 CV 996 KENNETH NICHOLSON 1733 Georgia St. Oshkosh, WI 54902 CASE CODE: 30405, Other Real Estate WINNEBAGO COUNTY 415 Jackson St. Oshkosh, WI 54901 Respondents. F I L E D WINNEBAGO COUNTY ì a.ERKOFCOURTS F I TO: Allyn Dannhoff Chief Building Inspector City of Oshkosh P.O. Box 1130 Oshkosh, WI 54903-1130 E CIVI:./FAMIL Y DIVISION D Judgment was entered in this case for the Abatement of a Public Nuisance. You are authorized to enter the premises at 1733 Georgia Street in the City of Oshkosh and take such actions as are necessary to remedy the conditions that create a public nuisance and to make such repairs and alterations as are necessary to eliminate the public nuisance. Dated this /.!!.- day of 7 ,2005. BY THE COURT: Attorney John M. Blazel WSB#1018059 SPOEHR, SMITS & BLAZEL, LLC P.O. Box 19,1 Berlin, WI 54923~0191 (920) 361-1777 STATE OF WISCONSIN CIRCUIT COURT 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. F \ L E D VI~;~~~'6~ëC'¿,\);ijç~r--' 1 F FEB 2 i~ 2005 \ ~" Jo CIVIUf'f'./I"L y DI'II~ION WINNEBAGO COUNTY 415 Jackson St. Oshkosh, WI 54901 The abov¡:-entitled matter, having been reviewed by the above eourt by Honorable Robert Hawley,Çircuit Court Judge, presiding, reeeiving no answer or objeetions from any of the defendmÎiS, and that all other defendants are in default and the court having reviewed the documents on me ,hereinand being fully adyised in the premi.ses, therefore makes and, filesthe following filidÎl1gsoffact and' conclusions o[law.¿önstitûting its deCisioIl, in this'~êtion. ' . ' ' '' " "'" "'. ,,".': ., FINDINGS OF FACT I. That the allegations of the Petition are proven and true. 2. That the premises is located at 1733 Georgia Strect in the City of Oshkosh, which is more particularly described as fonows: Lot Fifty-four (54) in the Subdivision of the North Wcst 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 gctpber 15,,2004, alldmore than 20 days prior to the tr¡al,ofthis acW!n, in the offiee of the Register, ~fDefd.s for Winnebagq c.~untY,'WiseonsiÌ1, in the, manner fn~ form requireciby law. ' "". " , " '.' .p,. .' , JUDGMENT FOR ABATEMENT OF PUBLIC NUISANCE I. That the premises at described in the Findings of Fact, éonstitutes 2. That the Amended Summons personally served on Kenneth Nicholson. amended Summons and Petition. That the time 3. That the current owner and any subsequent owners conditions that create the p\lblie nuisance and make such repairs in order to eliminate the public nuisance. 4, That the owner of the premises shaH have 30 days by which the defee,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 win 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. The court haying issued its findings of fact and conclusions of law, enters the foHowing 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. If the nuisance is not abated within 30 days, the City of Oshkosh Building Inspector win be authorized to take such actions as are necessary to abate the nuisance. 4. It is further ordered that the City shaH have execution in the common form for the City's damages and costs incurred in abating the nuisance and the City shaH 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.