HomeMy WebLinkAboutRAZE REQUEST 1/21/04
RAZE REQUEST
Name:
LESLIE A NEILSEN
1624 Nebraska St
Oshkosh WI 54902
Address of Violation: 1624 Nebraska St, Oshkosh WI 54902-6918
Briefhistorv review:
A letter was sent to the owner on 1/05/04 after our office received a complaint :trom the siding contractor
regarding the structural condition ofthe property. In the letter the owner was given 10 days to contact our office
to schedule an inspection prior to allowing the contractor to continue installing the siding. I conducted an
exterior inspection of the property from the sidewalk on 1/20/04. At this inspection it was noted that the house
was severely bowing on the south side and the :tront ofthe house was leaning. It was also noted that the house
was on a pier foundation with no :trost protection. Since I have not heard anything :trom the owner I sent a
correction notice to Ms. Neilsen on 1/21/04 stating that I was issuing a raze and/or repair notice and that a stop
work was issued. It was also noted that the house was non-conforming due to setbacks therefore it could not be
repaired more than 50% of the assessed value.
This structure is non-conforming in relation to setbacks established in the City Zoning Ordinance. City
Ordinance and State Statues state that structures where the cost to make structural repairs/corrections exceeds
50% of the current assessed value are deemed to be unreasonable to repair. The current assessed value ofthe
residence is $29,100 therefore only $14,550 could be spent to fix the structure. It is the opinion and
determination of this office, such repairs would exceed this 50% value. Therefore, I am requesting approval to
have this structure razed.
PLEASE SEE THE ATTACHED PICTURES.
Attachments:
Orders~,
PhotoS-þ-,
Other_.
Citation requested by:
NICOLE KRAHN
tilL
Date:
1/21/04
******************************************************************************
City Manager
Date:~o
Date: °-f7
Date: z/#¿/
/
Division Supervisor
NOTES:
,.-
~
OSHKOSH
ON THE WATER
Issue Date ~ - Compliance Date 2/2/04
Address 1624 NEBRASKA ST
INSPECTION SERVICES DIVISION ROOM 205
DEPARTMENT OF COMMUNITY DEVELOPMENT
CORRECTION NOTICE
CITY OF OSHKOSH
215 CHURCH AVE
PO Box 1130
OSHKOSH WI 54903-1130
Compliance No
Sent to
¡,,-¡ Owner
Name
I LESLIE A NEILSEN
Address
1624 NEBRASKA ST
City
OSHKOSH
State Zip Code
WI 54902 .6918
---
Introduction
U Required for Occupancy I Occupancy Single Family
letierwas sent to you on 1/5/04 regarding the structural condition of your property. In this letieryou were given 10 days to contact me to set
p an inspection of your property. I have also left phone messages with your son and I have not heard anything back from you. Therefore I
have no choice but to post a stop work order and issue a raze andlor repair notice for your home. (a copy of the letter dated 1/5/04 is enclosed)
Item # Code MUN 7-48 Compliance No Compliance Date 02/20/2004
Description tate Statute 66.0413- The Building Inspector may order a building razed if the building is unsafe, dangerous or unsanitary. or
therwise unfit for human habitation and unreasonable to repair. The building inspector may also order a building razed if it is
1/21/04 non-conforming and if the repairs will exceed 50% of the current assessed value.
Last
Updated
Item #
Code MUN 7-8 Compliance No Compliance Date 02/20/2004
here is also an outstanding permit that was never obtained for the rear deck from 2002. If it is determined that the building
an be repaired a permit will need to be obtained for this structure.
2
Description
1/21/04
Last
Updated
8978
Page 1 of2
r
f
~
OSHKOSH
ON THE WATER
Issue Date ~-
iNSPECTION SERVICES DIVISION ROOM 205
DEPARTMENT OF COMMUNITY DEVELOPMENT
CORRECTION NOTICE
CITY OF OSHKOSH
215 CHURCH AVE
PO Box 1130
OSHKOSH WI 54903-1130
Compliance Date 2/2/04
Compliance No
Address
1624 NEBRASKA ST
Sentto
¡,,-¡ Owner
Name
I LESLIE A NEILSEN
Address
1624 NEBRASKA ST
City
OSHKOSH
State Zip Code
WI 54902 -6918
Introduction
U Required for Occupancy I Occupancy Single Family
letter was sent to you on 1/5/04 regarding the structural condition of your property. In this letter you were given 10 days to contact me to set
p an inspection of your property. I have also left phone messages with your son and I have not heard anything back from you. Therefore I
ave no choice but to post a stop work order and issue a raze and/or repair notice for your home. (a copy of the letter dated 1/5/04 is enclosed)
Item # Code MUN 16 Compliance No Compliance Date 02120/2004
Description here was a correction notice sent to you in 2002 for a tree house. At that time you called our office and stated that it was
removed. Currenty the tree house is still built in the tree in your rear yard. This structure will have to be removed from your
1/21104 roperty to comply and avoid citations.
Last
Updated
Summary
In order to repair this property you are requried to contact me at 236-5036 by 2/2/04 stating your intentions. At this time we will
need to set up inspections of your property. The skirting around the exterior of the structure will need to beremoved so that the
loor framing can be inspected. Once the interior and exterior inspections are conducted we can determine if the property is
apable of being repaired. Failure to contact this office will result in daily citations and a raze order.
Violations must be corrected and approved within 30 days unless otherwise noted. Call for reinspections prior to concealment
and/or occupancy. Upon completing the corrections, the owner/contractor/agent must sign and date at the bottom of this notice
and return it to the Inspection Services Division by the Compliance Date of 2/2/04
Office hours for obtaining permits are Monday through Friday 7:30-8:30 a.m. and 12:30-1 :30 p.m. or by appointment. To schedule
inspections please call the Inspection Request line at 236-5128 noting the address, permit number (when applicable), and the
nature of what needs to be inspected.
Signature Ù, ~ ~
Date
I j 7-\ !ù---r
I hereby certify the violations listed on this report have been corrected in compliance with the applicable codes.
Print Name
Company
Signature
Date
Inspected by: Nicole Krahn 236-5036 nkrahn@ci.oshkosh.wi.us
Also Sent to:
U Bldg
U Elec
U HVAC
U Plbg
U Designer
U Other
U Inspector
---
---
---
---
---
0 -0000
---
8978
Page2of2
"
....
Ct)
OJHKOIH
City ofO,bk"h
Divi,ion ofI",p"tion SeM'"
215 Ch""hAwn""
PO Box 1130
O,bko,h WI 54902-1130
0< T<E WATER
FilE COpy
January 5, 2004
LESLIE NEILSEN
1624 NEBRASKA ST
OSHKOSH WI 54902
Dear Ms. Neilsen,
This letter is to inform you that I have received information :trom your contractor regarding the structural
condition of your property. While removing siding :trom your house concerns were raised regarding the
structural floor system. It has also been noted that approximately 3 years ago a tree had fallen onto the
house and the damage was never repaired. For these reasons I can not allow you to continue installing
siding on your home until a thorough interior and exterior inspection is conducted. It is not my intent to
have you make unnecessary repairs. However, I do need to make sure that the house is structurally
sound prior to having you cover up any possible deterioration with siding materials.
If a determination is made that repairs need to be made to the house there may be assistance available to
you. The City of Oshkosh Rehab department gives loans to help low income homeowners make house
repairs. I have enclosed information on this program. Please contact me at 236-5036 within the next 10
days to set up an appointment to inspect your house. If you have any questions please feel :tree to contact
me.
Sincerely,
\j,~l~
Nicole Krahn
Building Inspector
~
OSHKOSH
ON THE WATER
Issue Date 1/21/04
Address
Sent to
Introduction
£
INSPECTION SERVICES DIVISION ROOM 205
DEPARTMENT OF COMMUNITY DEVELOPMENT
CORRECTION NOTICE
CITY OF OSHKOSH
215 CHURCH AVE
PO Box 1130
OSHKOSH WI 54903-1130
--
Compliance Date 2/2/04
Compliance No
1624 NEBRASKA ST
¡,,-¡ Owner
Name
I LESLIE A NEILSEN
Address
1624 NEBRASKA ST
State Zip Code
WI 54902 -6918
---
City
OSHKOSH
U Required for Occupancy I Occupancy Single Family
letter was sent to you on 1/5/04 regarding the structural condition of your property. In this letter you were given 10 days to contact me to set
p an inspection of your property. I have also left phone messages with your son and I have not heard anything back from you. Therefore I
ave no choice but to post a stop work order and issue a raze andlor repair notice for your home. (a copy of the letter dated 1/5/04 is enclosed)
Item # Code MUN 7-48 Compliance No Compliance Date 02120/2004
Description State Statute 66.0413- The Building Inspector may order a building razed if the buiiding is unsafe, dangerous or unsanitary, or
therwise unfit for human habitation and unreasonable to repair. The building inspector may also order a building razed if it is
1/21/04 non-conforming and if the repairs will exceed 50% of the current assessed value.
Last
Updated
Item #
Description
1/21/04
Last
Updated
2
Code MUN 7-8 Compliance No Compliance Date 02120/2004
here is also an outstanding permit that was never obtained for the rear deck from 2002. If it is determined that the building
an be repaired a permit will need to be obtained for this structure.
8978
Page 1 of2
~
OSHKOSH
ON THE WATER
Issue Date ~ - Compliance Date 212/04
INSPECTION SERVICES DIVISION ROOM 205
DEPARTMENT OF COMMUNITY DEVELOPMENT
CORRECTION NOTICE
CITY OF OSHKOSH
215 CHURCH AVE
PO Box 1130
OSHKOSH WI 54903-1130
Compliance No
Address
1624 NEBRASKA ST
Sentto
¡,,-¡ Owner
Name
I LESLIE A NEILSEN
Address
1624 NEBRASKAST
City
OSHKOSH
State Zip Code
WI 54902 -6918
---
Introduction
U Required for Occupancy I Occupancy Single Family
letter was sent to you on 1/5/04 regarding the structural condition of your property. In this letter you were given 10 days to contact me to set
p an inspection of your property. I have also left phone messages with your son and I have not heard anything back from you. Therefore I
ave no choice but to post a stop work order and issue a raze andlor repair notice for your home. (a copy of the letter dated 1/5/04 is enclosed
Item # Code MUN 16 Compliance No Compliance Date 02120/2004
Description here was a correction notice sent to you in 2002 for a tree house. At that time you called our office and stated that it was
removed. Currenty the tree house is still built in the tree in your rear yard. This structure will have to be removed from your
1/21/04 property to comply and avoid citations.
Last
Updated
Summary
In order to repair this property you are requried to contact me at 236-5036 by 2/2/04 stating your intentions. At this time we will
need to set up inspections of your property. The skirting around the exterior of the structure will need to beremoved so that the
oar framing can be inspected. Once the interior and exterior inspections are conducted we can determine if the property is
apable of being repaired. Faiiure to contact this office will result in daily citations and a raze order.
Violations must be corrected and approved within 30 days unless otherwise noted. Call for reinspections prior to concealment
and/or occupancy. Upon completing the corrections, the owner/contractor/agent must sign and date at the bottom of this notice
and return it to the Inspection Services Division by the Compliance Date of 212104
Office hours for obtaining permits are Monday through Friday 7:30-8:30 a.m. and 12:30-1:30 p.m. or by appointment. To schedule
inspections please call the Inspection Request line at 236-5128 noting the address, permit number (when applicable), and the
nature of what needs to be inspected.
Signature }-) , ~ ~
I h~ \ \ ().\
Date
I hereby certify the violations listed on this report have been corrected in compliance with the applicable codes.
Print Name
Company
Signature
Date
Inspected by: Nicole Krahn 236-5036 nkrahn@ci.oshkosh.wi.us
Also Sent to:
U Bldg
U Elec
U HVAC
U Plbg
U Designer
U Other
U Inspector
---
---
---
---
---
-~-oooo
8978
Page 2 of2
Ct)
0IH<.0fH
CityofO,hko'h
Division ofI"""",on Se.-vi",
215ChorehAvenoe
PO Box 1130
Oshkosh WI 54902-1130
ON THE WATER
FILE COpy
January 5, 2004
LESLIE NEILSEN
1624 NEBRASKA ST
OSHKOSH WI 54902
Dear Ms. Neilsen,
This letter is to inform you that I have received information :trom your contractor regarding the structural
condition of your property. While removing siding :trom your house concerns were raised regarding the
structural floor system. It has also been noted that approximately 3 years ago a tree had fallen onto the
house and the damage was never repaired. For these reasons I can not allow you to continue installing
siding on your home until a thorough interior and exterior inspection is conducted. It is not my intent to
have you make unnecessary repairs. However, I do need to make sure that the house is structurally
sound prior to having you cover up any possible deterioration with siding materials.
If a determination is made that repairs need to be made to the house there may be assistance available to
you. The City of Oshkosh Rehab department gives loans to help low income homeowners make house
repairs. I have enclosed information on this program. Please contact me at 236-5036 within the next 10
days to set up an appointment to inspect your house. If you have any questions please feel :tree to contact
me.
Sincerely,
\j,~ \~
Nicole Krahn
Building Inspector
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¡ (rransferfromservlce/abeV ICD"L LO"3t:;> 0::::0"" L¥SL\-\
~ PS Form 3811, August 2001 Oomestlc Return Receipt
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¡' item 4 if Restricted Delivery is desired.
~.! . Print your name and address on the reverse
i' so that we can return the card to you.
I' . Attach this card to the back of the mailpiece,
¡'.' or on the front if space permits.
'11' ArticleAddressedto:
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0 Insured Mail 0 C.O.D.
4. Restoctad Delivery? (Extra Fee)
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Leslie Neilsen
IO14NéoräsKa :Sf "
oshkoshWr 54902"
FES 0 J 200L!
January 31, 2004
City of Oshkosh
215 Church Ave
PO Box 1130
Oshkosh WI 54903
RE: Inspection Services department of Community Development
Correction Notice
Please be advised that I have retained Wallace and Wallace Attorneys to represent me. I
am writing to you on behalf of myself and Mr. John Wallace. He has asked me to inform
you that he needs some time to look into the matter and to talk to my Insurance
Company. The damage done to my home happened on June 11,2001 when Oshkosh was
hit by a storm.
Thank you for your time in this matter.
Also I have not received the letter that you referred to in the correspondence that was
1/21/04. Please send me a copy when you have the time.
Respectfully
Qt" J "'IN!.;
, 'Aiujilv /~~
. eslie Neilsen
Cc: John Wallace (Attorney)
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C\\c\o5eå wI '-YÌ'\e.. \e-\--\-~ 5 ð.o.~ l/ZI/O4o
~
OSHKOSH
ON THE WATER
Issue Date ~-
INSPECTION SERVICES DIVISION ROOM 205
DEPARTMENT OF COMMUNITY DEVELOPMENT
CORRECTION NOTICE
CITY OF OSHKOSH
215 CHURCH AVE
PO Box 1130
OSHKOSH WI 54903-1130
Compliance Date 212104
Compliance No
Sentto
1624 NEBRASKA ST
Name
I LESLIE A NEILSEN
Address
1624 NEBRASKA ST
City
OSHKOSH
Address
¡,,-¡ Owner
State Zip Code
WI 54902 -6918
---
Introduction
U Required for Occupancy I Occupancy Single Family
letter was sent to you on 1/5/04 regarding the structural condition of your property. In this letter you were given 10 days to contact me to set
p an inspection of your property. I have also left phone messages with your son and I have not heard anything back from you. Therefore I
ave no choice but to post a stop work order and issue a raze andlor repair notice for your home. (a copy of the letter dated 1/5/04 is enclosed)
Item # Code MUN 7-48 Compliance No Compliance Date 02120/2004
Description tate Statute 66.0413- The Building Inspector may order a building razed if the building is unsafe, dangerous or unsanitary, or
therwise unfit for human habitation and unreasonable to repair. The building inspector may also order a building razed if it is
1/21/04 non-conforming and if the repairs will exceed 50% of the current assessed value.
Last
Updated
Item #
Description
Code MUN 7-8 Compliance No Compliance Date 02120/2004
here is also an outstanding permit that was never obtained for the rear deck from 2002. If it is determined that the building
an be repaired a permit will need to be obtained for this structure.
1/21/04
Last
Updated
8978
Page 1 of2
~
OSHKOSH
ON THE WATER
Issue Date ~ - Compliance Date 212/04
INSPECTION SERVICES DIVISION ROOM 205
DEPARTMENT OF COMMUNITY DEVELOPMENT
CORRECTION NOTICE
CITY OF OSHKOSH
215 CHURCH AVE
PO Box 1130
OSHKOSH WI 54903-1130
Compliance No
Address
1624 NEBRASKA ST
Sent to
¡,,-¡ Owner
Name
I LESLIE A NEILSEN
Address
1624 NEBRASKA ST
City
OSHKOSH
State Zip Code
WI 54902 -6918
---
Introduction
U Required for Occupancy I Occupancy Single Family
letter was sent to you on 1/5/04 regarding the structural condition of your property. In this letter you were given 10 days to contact me to set
p an inspection of your property. I have also left phone messages with your son and I have not heard anything back from you. Therefore I
ave no choice but to post a stop work order and issue a raze and/or repair notice for your home. (a copy of the letter dated 1/5/04 is enclosed
Item # Code MUN 16 Compliance No Compliance Date 02120/2004
Description here was a correction notice sent to you in 2002 for a tree house. At that time you. called our office and stated that it was
removed. Currenty the tree house is still built in the tree in your rear yard. This structure will have to be removed from your
1/21104 property to comply and avoid citations.
Last
Updated
Summary
In order to repair this property you are requried to contact me at 236-5036 by 2/2/04 stating your intentions. At this time we will
need to set up inspections of your property. The skirting around the exterior of the structure will need to beremoved so that the
loor framing can be inspected. Once the interior and exterior inspections are conducted we can determine if the property is
apable of being repaired. Faiiure to contact this office will result in daily citations and a raze order.
Violations must be corrected and approved within 30 days unless otherwise noted. Call for reinspections prior to concealment
and/or occupancy. Upon completing the corrections, the owner/contractor/agent must sign and date at the bottom of this notice
and return it to the Inspection Services Division by the Compliance Date of 212104
Office hours for obtaining permits are Monday through Friday 7:30-8:30 a.m. and 12:30-1:30 p.m. or by appointment. To schedule
inspections please call the Inspection Request line at 236-5128 noting the address, permit number (when applicable), and the
nature of what needs to be inspected.
W\~\~
Date
l { 2 \ J \)'-f
Signature
I hereby certify the violations listed on this report have been corrected in compliance with the applicable codes.
Print Name
Company
Signature
Date
Inspected by: Nicole Krahn 236-5036 nkrahn@ci.oshkosh.wi.us
Also Sentto:
U Bldg
U Elec
U HVAC
U Plbg
U Designer
U Other
U Inspector
---
---
---
---
---
-~-oooo
8978
Page 2 of2
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1 set-up and !!eneral fees for asbestos removal
$180.00
2 Meetin!! witb randv !!reen and pbone time UP to Randv's visit to see structure after asbestos removal (I.e. work-
in!! with insurance companv.)
$218-75
3 Travel.camera_takin!! pictures. development of pictnres. and appointments with tom carols. Arcbitect phone
time for search for new arcbitect 10-15-03 10-5-03 9-28-03 10-18-03 $527.82
4 labor neñormed on house after asbestos removal but before city insnectors stoPned prOl!ress to inspect tbe
fonndation. (Dates tbrou!!bont iob) $525.00
5 Installation of fanfold insnlation on house includin!! materials.
12103
$1210.00
6 destroyed materials on the iob tbat !!ot burned from beater.and cnt UP 1-5-04
$31.00
_The materials bave been put back in stock due to destruction and personal use of materials
That were provided for installation on tbe house only and not for tbe personal use by
Tbe bomeowner or her son to build an ice shanty.
Kleins home improvements was hired to install new siding on the nieIson home and during
The project it was discovered that the foundation was in need of repair and the city inspector
Stopped progress on the premises until it could be looked at inside and out.
This is all expenses np to date that have been incurred since the beginning of the project.
down payment:$3432.00
[mal bill to date:$2692.57
remaining balance:$739.43
INCLUDED IS A COpy OF THE LETTER FROM THE CITY BUILDING INSPECTOR.
At tbis time Kleins bome improvements is giving up it own rigbt to perform work on
1624 Nebraska due to time, disagreements, and indiscretion.
Kleins does agree that the insnrance is responsible for repair ofthe property damage.
Kleins does not agree to avoid the inspectors about tbis foundation problem as wanted from the owner Miss.
Nielson.
Apron signing, dating and returning this agreement you will then receive your remaining balance back.
homeowner:
date:
Ct)
OJHI<O.IH
City ofO,hko,h
Divi,ion ofI"'P",tion SoM""
215 Ch=h Avon",
POBox 1130
O,hko,h WI 54902-1130
ON THE WATER
January 5, 2004
LESLIE NEILSEN
1624 NEBRASKA ST
OSHKOSH WI 54902
Dear Ms. Neilsen,
This letter is to inform you that I have received information :trom your contractor regarding the structural
condition of your property. While removing siding :trom your house concerns were raised regarding the
structural floor system. It has also been noted that approximately 3 years ago a tree had fallen onto the
house and the damage was never repaired. For these reasons I can not allow you to continue installing
siding on your home until a thorough interior and exterior inspection is conducted. It is not my intent to
have you make unnecessary repairs. However, I do need to make sure that the house is structurally
sound prior to having you cover up any possible deterioration with siding materials.
If a determination is made that repairs need to be made to the house there may be assistance available to
you. The City of Oshkosh Rehab department gives loans to help low income homeowners make house -
repairs. I have enclosed information on this program. Please contact me at 236-5036 within the next 10
days to set up an appointment to inspect your house. If you have any questions please feel :tree to contact
me.
Sincerely,
Ù.wk'~
Nicole Krahn
Building Inspector
Spoehr, Smits & Blazel, LLC
ATTORNEYS AT LAW
~(),
¿
MILTON SPOEHR
CONNIE SMITS
JOHN M. BLAZEL
118 N. Pearl Street
Post Office Box 191
Berlin, WI 54923-0191
(920) 361-1777
Fax (920) 361-4447
RECEIVED
January 16,2006
JAN 1 9 2006
DEPARTMENT OF
COMMUNITY DEVELOPMENT
({L
Ms. Lyn...'1 Lorenson
Office of the City Attorney
P.O. Box 1130
Oshkosh, WI 54903
~ô;y
RE: Oshkosh v. Neils
Invoice for service
Dear Lynn:
Enclosed is an invoice for my recent services rendered with respect to the above-referenced
matter.
Thank you.
Sincerely,
SPOEHR, SMITS & BLAZEL, LLC
V~f:1 ~
John M. Blazel
JMB/cab
Enclosure
MILTONSPOEHR
CONNIE SMITS
JOHN M. BLAZEL
Spoehr, Smits & Blazel, LLcRECEIVED
JAN 1 6 2006
DEPARTMENT OF
COMMUNITY DEVELOPMENT
ATTORNEYS AT LAW
118 N. Pearl Street
Post Office Box 191
Berlin, W154923-0191
(920) 361-1777
Fax (920) 361-4447
January 13, 2006
Mr. Allyn Dannhoff
City of Oshkosh
P.O. Box 1130
Oshkosh, WI 54903-1130
RE: City of Oshkosh v. Neilsen, et al
Dear Allyn:
Enclosed is a copy of the signed Judgment for your files. As we discussed, she has 30 days to
raze the building or we can take further action. Please let me know if anything further is
required.
Thank you.
Sincerely,
SPOEHR, SMITS & BLAZEL, LLC
~}i-J1 ~
John M. Blazel
JMB,'cab
Enclosure
STATE OF WISCONSIN
CIRCUIT COURT
BRANCH 4
WINNEBAR.>Eef lYE D
JAN 1 6 2006
CITY OF OSHKOSH
Petitioner,
FINDINGS OF FACT, CP..N'cQtfM&'FMENT OF
OF LAW AND ORDER F~l{MUNTY DEVELOPMENT
ABATEMENT OF PUBLIC NUISANCE
AND TO RAZE PROPERTY.
-and-
LESLIE A. NEILSEN,
1624 Nebraska Street
Oshkosh, WI 54902
CASE NO.: 04 CV 922
WlNNEBAGO COUNTY
415 Jackson Street
Oshkosh, WI 54901
Case Code: 30405, Other Real Estate
Respondents.
Thc above-entitled matter, having come before the Honorable Robert A. Hawley, Circuit
Court Judgc, on a motion for judgment and the court having reviewed the documents on file
hcrein and being fully advised in the prcmises, thcrefore makes and files the following findings
of fact and conclusions of law constituting its decision in this action.
FINDINGS OF FACT
I.. That the allcgations of the Pctition are provcn and true.
2. That thc premises at 1624 Nebraska Strcet in the City of Oshkosh, which is more
particularly describcd as follows:
That part of Lots Twenty-six (26) and Twenty-seven (27) in CLEMENT & DOTYS
SUBDN OF LOT 3, in the Third Ward, City of Oshkosh, Winnebago County, Wisconsin,
per Leach's Map of 1894, describcd as follows, viz:-
Commencing at the Southwest corner of said Lot Twenty-seven (27); thence North, along
thc West lil)c of said Lot Twenty-seven (27), Forty-one (41) feet; thence East, parallel
with the South linc of said Lot Twenty-seven (27), One Hundred Five (105) feet; thence
South, parallel with the West line of said Lots Twenty-seven (27) and Twenty-six (26),
Sixty (60) fcet; thcnce West, parallel with the SouthIine of said Lot Twenty-seven (27),
Onc Hundred Five (105) fect, to the West line of said Lot Twenty-six (26); thcnce North,
along thc West linc of said Lot Twenty-six (26), Nineteen (19) feet, to the place of
bcginning.
3. Duc notice of the pendency of this action was duly filed, after the filing of the
Amcnded Pctition, on October 4,2004, and more than 20 days prior to the trial of this action, in
thc office ofthc Rcgister of Deeds for Winnebago County, Wisconsin, in the manner and fom1
requircd by law.
CONCLUSIONS OF LAW
I. That the premises at 1624 Nebraska Street in the City of Oshkosh as more particularly
describcd in the Findings of Fact, constitute a public nuisance pursuant to Section 66.0413(2),
Stats., and Chapter 823, Stats.
2. That thc Amendcd Summons and Petition in the above-entitled action was duly and
pcrsonally served on Leslie Neilscn on October 5, 2004. That Neilsen filed an Answer and
subscqucntIy agrecd that plaintiff was entitled to judgment prayed for in plaintiffs complaint.
The Amendcd Summons and Petition was served on Winnebago County and they did file an
Answcr admitting to all ofthc allegations in the plaintiffs Petition, but only asked for a
dctcrmination as to the county's financial interests. The county's interests arc unaffected by the
plaintiffs action because any interest the county has will continue to attach to the property.
3. That the current owncr and any subsequent owners of the property shall remedy the
conditions that crcatc thc public nuisance and make such repairs and altemations as are
necessary in order to eliminatc the public nuisance.
4. That thc owner of the premises shall have 30 days by which the defect shall be
remcdiedand the repairs and alterations completed.
5. That ifthc nuisance is not abated and the building repaired within 30 days, the City of
Oshkosh Building Inspcctor will be authorized to take such actions as are necessary to raze the
building in compliance with all federal, state and local laws.
6. That Leslic Ncilsen shall vacate the premises within 30 days, if the nuisance has not
bccn abated and thc defects remcdied and rcpairs and altcrations completed.
NOW, ON MOTION OF JOHN M. BLAZEL, ATTORNEY FOR THE PLAINTIFF it is
ordcrcd, that an ordcr be entcred requiring the nuisance to be abated pursuant to the dcmand in
thc Petition and in accordance with the above findings and conclusions.
JUDGMENT FOR ABATEMENT OF PUBLIC NUISANCE
AND JUDGMENT TO RAZE PROPERTY
Thc court having issued it's findings of fact and conclusions oflaw, hereby orders and
adjudgcs:
1. That the owner of the premiscs at 1624 Nebraska Street in the City of Oshkosh, abate
the public nuisancc on that premises pursuant to Section 66.0413(2), Stats., and Chapter 823,
Slats.
2. That the public nuisance be abated by making appropriate repairs and alterations
within 30 days.
3. That ifthc nuisance is not abated and the building repaired within 30 days, the City of
Oshkosh Building Inspcctor will be authorized to take such actions as are necessary to raze the
building in compliancc with all federal, statc and local laws and/or to takc such othcr actions as
arc ncccssary to abatc the nuisance.
4. That pursuant to Section 66,0413, Stats., the cost of securing the building may be
chargcd in full or in part against the real estate upon which the public nuisance is locatcd, and if
that cost is so chargcd, it is a lien upon the real estate and may be assessed and collected as a
spccial tax. Any portion ofthc cost chargcd against the real estate that is not reimburscd under
Scction 632.103(2) from funds withheld from insurance settlement may be assessed and
collcctcd as a spccial tax.
5. That pursuant to Chaptcr 823, Stats., the City shall havc execution in the common
form for thc City's damagcs and costs incurred in abating the nuisance and the City shall be
cntitlcd to a warrant to the Oshkosh Building Inspector requiring the Building Inspector to abate
and rcmove thc nuisancc at the cxpensc of the respondent, Neilsen.
6. That pursuant to Chapter 823, Stats., the expense of abating the nuisance pursuant to
the warrant shall be collccted by the building inspector in the same manner as damages and costs
are colIccted upon cxecution or may bc collected by finding the respondent, Neilsen, personally
liable for thc expcnscs, as provided in Section 74.53, Stats. The building inspector may sell any
items abatcd or removed as a nuisance in the manner that personal properly is sold upon
cxccution and may apply the procccds to pay thc expenses of the abatement, paying the residue,
if any, to the rcspondcnt.
7. That the City be award cd court costs/recording costs in the amount of$253.00,
rccording of certified Lis Pcndens of $14.00', title work in the amount of $50.00, together with
statutory altomey's fees of$IOO.OO, for a total of$417.00. Said amounts may be a lien upon the
rcal cstatc and may bc asscsscd and collccted asa special tax.
8. That Lcslic Neilsen shall vacate the premises within 30 days, if the nuisance has not
becn abatcd and the defects remedied and repairs and alterations completed. That the City may
apply for a Writ to have the sheriff rcmove Leslie Neilsen, if she does not comply as set forth
herein.
"
Spoehr, Smits & Blazel, LLC
ATTORNEYS AT LAW
RECEIVED
NOV J 0 2005
DEPARTMENT OF
COMMUNITY DEVELOPMENT
118 N. Pearl Strcct
Post Office Box 191
Berlin, WI 54923-0191
(920) 361-1777
Fax (920) 361-4447
MILTON SrOEIII<
CONNIE SMITS
JOliN M. ßLAZEL
November 29, 2005
Honorable Robert A. Hawley
Circuit Court Judge, Branch 4
P.O. Box 2808
Oshkosh, WI 54903-2808
RE: City of Oshkosh v. Leslie A. Neilsen
Case No.: 04 CV 922
Dear Judge Hawley:
Enclosed is an original ancltwo copies of the following documents:
1.
Notice of Motion and Motion for Judgment, with attached affidavits of
John M. Blaze! and Allyn Dannhoff
Proposed Findings of Fact, Conclusions of Law and Order for Abatement
of Public Nuisance and to Raze Property
2.
Please file the original and return a file-stamped copies to me in the enclosed envelope.
Thank you.
Sincerely,
SPOEHR, SMITS & BLAZEL, LLC
~~BV
JMB/cab
Enclosures
cc: Allyn Dannhoff
John Bodnar
John Wallace
"
STATE OF WISCONSIN
CIRCUIT COURT
BRANCH 4
WINNEBAGO COUNTY
CITY OF OSHKOSH
Petitioner,
RECEIVED
NOTICE OF MOTION AND
MOTION FOR JUDGMENT
-and-
N)V 3 0 2005
DEPMTMOO Of
COMiMilJNII1Y ~CASE NO,: 04 CV 922
CASE CODE: 30405
LESLIE A. NEILSEN,
1624 Nebraska Street
Oshkosh, WI 54902
WINNEBAGO COUNTY
415 Jackson Street
Oshkosh, WI 54901
Respondents.
PLEASE TAKE NOTICE that on:
DATE:
January 11,2006
TIME:
9:00 a.m.
PLACE:
Winnebago County Courthouse
Branch 4
415 Jackson Street
Oshkosh, WI 54903
BEFORE:
Honorable Robert A. Hawley
Petitioner moves the court to enter judgment for the Petitioner, in accordance with the stipulation
entered into between the Petitioner and Neilsen. This motion is based upon the respondent's
failure to comply with the Stipulation entered into between the parties on August 31, 2005. The
motion is supported by the attached Affidavit of John Blaze! and the Affidavit of the City
Building Inspector indicating that the respondent failed to comply with the necessary time period
in obtaining a building pennit.
Dated this 29 day of November, 2005.
Attorney John M. Blazel
WSB#1018059
SPOEHR, SMITS & BLAZEL, LLC
P.O. Box 191
Berlin, WI 54923-0191
(920) 361-1777
STATE OF WISCONSIN
CIRCUIT COURT
BRANCH 4
WINNEBAGO COUNTY
CITY OF OSHKOSH
Petitioner,
AFFIDAVIT IN SUPPORT OF
MOTION FOR JUDGMENT
-and-
LESLIE A. NEILSEN,
1624 Nebraska Street
Oshkosh, WI 54902
CASE NO.: 04 CV 922
Case Code: 30405, Other Real Estate
WINNEBAGO COUNTY
415 Jackson Street
Oshkosh, WI 54901
Respondents.
STATE OF WISCONSIN)
)ss.
COUNTY OF GREEN LAKE)
I, John M, Blazel, being duly sworn, hereby that the following is true and correct:
1.
That 1 am the attorney for the Petitioner in this matter;
2.
That the Stipulation and Order attached to the Affidavit of Allyn Dannhoffis a
true and correct copy of the Order entered by the court in which the parties agreed
that the City was entitled to the judgment prayed for in its complaint for a Raze
Order for the property pursuant to Section 66.0413, Stats., and a judgment
declaring the property to be a nuisance pursuant to Chapter 823;
3.
That the attached Stipulation and Order indicated that the City would refrain from
moving for judgment if the respondent complied with certain deadlines designed
to remedy the conditions at the property;
AFFIDAVIT
STATE OF WISCONSIN)
) ss.
COUNTY OF WlNNEBAGO)
1, Allyn Dannhoff, hereby certify that the following is true and correct:
1.
That I am the Dircctor oflnspection Services for the City of Oshkosh;
2.
That 1 have reviewed the Stipulation and Order which was signed and filed with
the Clerk of Courts for Winnebago County on September 22,2005 and which is
attached hereto as Exhibit A;
3.
That the defendant has failed to comply with the time line in order to obtain a
building pennit by October 31,2005;
4.
That the building inspector's office had an opportunity to view the site and it is
thc opinion of the building inspector's office that the property is not repairable
due to rot, foundation collapse and extensive powder post beetle damage;
5.
That no application for building pelmit has been made.
Dated this /~ ~ay ofNovembcr, 2005.
By:
Subscribed and swom to before me
tl1i~£day of '~-1"-:¿20.fJ!p
'Z:L Y'. I- /
Notary Public, State of Wisconsin
My commission: <I. ,1'7 -09
STATE OF WISCONSIN
ExîttifrT A
CIRCUIT COURT
WINNEBAGO COUNTY
The above matter, having come on for hcaring on August 31, 2005, at 10:45 a.m. before
l-lonorablc Robert A.l-la~ley,on,theplaintiffs motion for summary judgmcnt. The parties
entcrcd into an oral stipulation on the record resolving all of the issues.in this matter. : The
following stipulation is a written version of the oral stipulation: .
CITY OF OSHKOSH
Petitioner,
-and-
LESLIE A. NEILSEN,
1624 Nebraska Street
Oshkosh, WI 54902 '
W1NNEßAGO COUNTY
415 Jackson Street
Oshkosh, WI 54901
Respondents.
I.
STIPULATION & ORDER
CASE NO.: 04 CV 922
CASE CODE: 30405
INNEBA 0 UNTY
F I CLERK OF COURTS F
I
I SEP 22 2005 I.
L
E E
0
0 CiVILJFAMIL Y DiVISION
; , ~
STIPULATION
.':
That the City is cntitled to a judgment prayed fDr in its complaint for a raze order
of the 'property pursuant to Section 66.0413 and a judgment declaring the property
(0 be a nuisancc pursuant to Chapter 823.
2.
":""
Thc City is willing to grant an opportunity to the defendant Neilsen to repair the
property so that it complies with Scction 66.0413 and to take such actions as are
nccessary to abate thc nuisance. To that end, the City shall not move for
judgment as long as the defendant meets the following deadlines:
A.
B.
The defendant and the defendant's contractor shall meet with a
representative from the City Building Inspector's office so the City
can dctermine the work that needs to be done to bring the building
into compliance and the defendant shall9.btain a.building pennit
bYOctobcr.31,200~.. . " .,
'. ' :, "'. ""'".,'
Ifa variance is necessary to complctc the work necessàry to bring
the prcmises into compliancc the defendant shall have thirty (30)
days (0 apply for a variance.
STATE OF WISCONSIN
CIRCUIT COURT
BRANCH 4
WINNEBAGO COUNTY
CITY OF OSHKOSH
Petitioner,
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND ORDER FOR
ABATEMENT OF PUBLIC NUISANCE
AND TO RAZE PROPERTY
-and-
LESLIE A. NEILSEN,
1624 Nebraska Street
Oshkosh, WI 549.02
CASE NO.: 04 CV 922
Case Code: 30405, Other Real Estate
WINNEBAGO COUNTY
415 Jackson Street
Oshkosh, WI 54901
Respondents.
The above-entitled matter, having come before the Honorable Robert A. Hawley, Circuit
Court Judge, on a motion for judgment and the court having reviewed the documents on file
herein and being fully advised in the premises, therefore makes and files the following findings
offact and conclusions oflaw constituting its decision in this action.
FINDINGS OF FACT
I. That the allegations of the Petition are proven and true.
2. That the premises at 1624 Nebraska Street in the City of Oshkosh, which is more
particularly described as follows:
That part of Lots Twenty-six (26) and Twenty-seven (27) in CLEMENT & DOTYS
SUBDN OF LOT 3, in the Third Ward, City of Oshkosh, Winnebago County, Wisconsin,
per Leach's Map of 1894, described as follows, viz:-
Commencing at the Southwest corner of said Lot Twenty-seven (27); thence North, along
the West line of said Lot Twenty-seven (27), Forty-one (41) feet; thence East, parallel
with the South line of said Lot Twenty-seven (27), One Hundred Five (105) feet; thence
South, parallel with the West line of said Lots Twenty-seven (27) and Twenty-six (26),
Sixty (60) feet; thence West, parallel with the South line of said Lot Twenty-seven (27),
One Hundred Five (105) feet, to the West line of said Lot Twenty-six (26); thence North,
along the West line of said Lot Twenty-six (26), Nineteen (19) feet, to the place of
beginning.
1. That the owner of the premises at 1624 Nebraska Street in the City of Oshkosh, abate
the public nuisance on that premises pursuant to Section 66.0413(2), Stats., and Chapter 823,
Stats.
2. That the public nuisance be abated by making appropriate repairs and alterations
within 30 days.
3. That if the nuisance is not abated and the building repaired within 30 days, the City of
Oshkosh Building Inspector will be authorized to take such actions as are necessary to raze the
building in compliance with all federal, state and local laws and/or to take such other actions as
are necessary to abate the nuisance.
4. That pursuant to Section 66.0413, Stats., the cost of securing the building may be
charged in full or in part against the real estate upon which the public nuisance is located, and if
that cost is so charged, it is a lien upon the real estate and may be assessed and collected as a
special tax. Any portion of the cost charged against the real estate that is not reimbursed under
Section 632.103(2) from funds withheld from insurance settlement may be assessed and
collected as a special tax.
5. That pursuant to Chapter 823, Stats., 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 respondent, Neilsen.
6. That pursuant to Chapter 823, Stats., the expense of abating the nuisance pursuant to
the warrant shall be collected by the building inspector in the same manner as damages and costs
are collected upon execution or may be collected by finding the respondent, Neilsen, 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,
if any, to the respondent.
7. 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$417.00. Said amounts may be a lien upon the
real estate and may be assessed and collected as a special tax.
8. That Leslie Neilsen shall vacate the premises within 30 days, if the nuisance has not
been abated and the defects remedied and repairs and alterations completed. That the City may
apply for a Writ to have the sheriff remove Leslie Neilsen, if she does not comply as set forth
herein.
Spoehr, Smits & Blazel, LLC
ATTORNEYS AT LAW
NOV14
118 N. Pearl Street
Post Office Box 191
Berlin, WI54923-0191
(920)361-1777
Fax (920) 361-4447
MILTON SPOEHR
CONNIE SMITS
JOHN M. BLAZEL
November 11, 2005
Mr. Allyn Dannhoff
City of Oshkosh
P.O. Box 1130
Oshkosh, WI 54903-1130
RE: City of Oshkosh v. Neilsen, et al
Dear Allyn:
Enclosed is the Affidavit. I would appreciate it if you would sign it in front of a notary and
return to me so that I can file a Motion for Judgment to raze the property at 1624 Nebraska
Street.
Please contact me if you have any questions or concerns.
Thank you.
Sincerely,
SPOEHR, SMITS & BLAZEL, LLC
~~
John M. Blazel
JMB/cab
Enclosure
AFFIDAVIT
STATE OF WISCONSIN )
) ss.
COUNTY OF WINNEBAGO)
I, Allyn Dannhoff, hereby certify that the following is true and correct:
1.
That I am the Director ofInspection Services for the City of Oshkosh;
2.
That I have reviewed the Stipulation and Order which was signed and filed with
the Clerk of Courts for Winnebago County on September 22, 2005 and which is
attached hereto as Exhibit A;
3.
That the defendant has failed to comply with the time line in order to obtain a
building permit by October 31, 2005;
4.
That the building inspector's office had an opportunity to view the site and it is
the opinion of the building inspector's office that the property is not repairable
due to rot, foundation collapse and extensive powder post beetle damage;
5.
That no application for building permit has been made.
Dated this /~ ~ay of November, 2005.
By:
Subscribed and sworn to before me
this £ day of ~ 20./J1p
~ - - ;¿,
Notary Public, State of Wisconsin
My commission: q -,:¡i/f -0 c¡
Center pier located
along the front of the
house. The pier is
leaning and pushing
the front wall of the
house outward.
1624 Nebraska St
Perimeter beam along the front
of the house. The beam is split
and rotten. Signs of bug
damage.
Taken by Nicole Krahn
1624 Nebraska 10-18-05 1
Bug found in the
basement. It looks like a
carpenter ant.
Taken by Nicole Krahn
1624 Nebraska 10-18-05 2
The front corner pier that
is shifted and leaning to
the south.
Close up picture of the rotten
perimeter beam along the south
side of the house.
Taken by Nicole Krahn
1624 Nebraska 10-18-05 3
South perimeter beam that is
cracked and pushing outward to
the south.
Plumbing that is not hooked up and
is leaking into the crawlspace.
Taken by Nicole Krahn
1624 Nebraska 10-18-05 4
Rotten perimeter beam.
Taken by Nicole Krahn
1624 Nebraska 10-18-05 5
Signs of entrance holes from
bugs.
Taken by Nicole Krahn
1624 Nebraska 10-18-05 6
Rear pier is leaning to the
south.
Rotten wood. It appears as if
tunnels have been made in the
wood.
Taken by Nicole Krahn
1624 Nebraska 10-18-05 7
Rotten wood.
Taken by Nicole Krahn
1624 Nebraska 10-18-05 8
Rotten wood.
Taken by Nicole Krahn
1624 Nebraska 10-18-05 9
Rear Pier located on the North
East corner of the house is
leaning to the north.
Perimeter beam by the side entrance is
deteriorated.
Taken by Nicole Krahn
1624 Nebraska 10-18-05 10
Pier that has fallen apart.
Taken by Nicole Krahn
1624 Nebraska 10-18-05 11
Taken by Nicole Krahn
1624 Nebraska 10-18-05 12
STATE OF WISCONSIN
CIRCUIT COURT
CITY OF OSHKOSH
Petitioner,
STIPULATION & ORDER
~and-
CASE NO.: 04 CV 922
LESLIE A. NEILSEN,
1624 Nebraska Street
Oshkosh, WI 54902
Respondents.
INNEBA 0 UNTY .
F~~
~.~~
0 CIVIUFAMILYDIVISION
CASE CODE: 30405
WINNEBAGO COUNTY
415 Jackson'Street .
Oshkosh, WI 54901
:,:
STIPUL~TION .
".
" .. ,::w; ,-.:.,>:,.'
Thc above matter, haviligcomc on for hearing on August 31,2005, at 10:45 a.m.
Honorable Robcrt A. Ha~ley,on,theplaintifrs motion for sun1mary judgment.
entered into an oral stipulation on the record resolving all oftheissues-,iI). this matter.
following stipulation is a written version of the oral stipulation: .. , .
1.
That .the City is entitled to a judgment prayed for in its complaint for a raze
of the 'property pursuant to Section 66.0413 and a judgment declaring the property
to be a nuisance pursuant to Chapter 823.
2.
The City is willing to grant an opportunity to the defendant Neilsen torepair the
property so that it complies with Section 66.0413 and to take such actions as are
necessary to abate the nuisance. To that end, the City shall not move for
judgment as long as the defendant meets the following deadlines:
A.
The defendant and the defendant's contractor shall meet with a
representative from the City Building Inspector's office so the City
can determine the work that needs to be done to bring the building
into compliance and the defendant shaU9btaÏIl abuilØing permit
. bYOç\ober,3L20Q~.:. . ..
B.
, . ,.. .
. -- ... ",., " ". '.
If a variance is necessary to complete the work necessàry to bring
the premises into compliance the defendant shall have thirty (30)
days to apply for a variance.
- ,
C.
All construction work on the premises necessary in order to
comply with this stipulation shall be completed byMay 31, 2006.
3.
lfthc defendant fails to meet the requirements set forth in Paragraph 2.A. then thc
City may move for judgment based upon the stipulation in Paragraph I of this
stipulation. .
4.
If the dcfendant fails to apply for any necessary variances, or having applied for
the necessary variance is denied the variance, then the City may move for a
judgment based upon the stipulation in Paragraph 1 of this stipulation.
5.
If thc dcfendant has complied with all othcr requirements in Paragraph 3 but fails
to comply with the requirements of Paragraph 3.B., then the City may move for
judgment based upon the stipulation in Paragraph I of this stipulation.
1-)(
Date
-oS-
Cv\<6, oS
Date
Based upón the foregoing stipulation it is hereby ordered as set forth in the above stipulation.
Dated this ..2:L-day of September, 2005.
Dannhoff, Allyn J.
From:
Sent:
To:
Subject:
Dannhoff, Allyn J.
Wednesday, November 02, 2005 7:38 AM
John Blazel (E-mail)
FW: 1624 Nebraska
John;
Here is the inspector's status report for the Neilsen property at 1624 Nebraska st. The 10/31/05 deadline to obtain a
building permit has not been met. Based on the report and photos, clearly the house is beyond reasonable repair.
I suspect you will need to at a minimum contact her attorney, if not pursue action to have her removed from the property so
we can Raze it.
Please keep me advised of progress and action being taken.
Thank you.
Allyn Dannhoff
---Original Message----
From: Krahn, Nicoie R.
Sent: Tuesday, November 01, 2005 8:09AM
To: Dannhoff, Allyn J.
Subject: 1624 Nebraska
I am enclosing a copy of my notes regarding this address. As of today 11/1/05 a permit has not been issued for this
property due to the amount of damage to the foundation, wall systems, and roof. I have met with Tracy Weeks on site and
we both agreed that the house is not worth and/or capable of being repaired. Please let me know if you need more
information.
N t:.co-ùv KvcLhv\;
Building Systems Inspector
City of Oshkosh
Inspection Services Division
920-236-5036
nkrahn@ci.oshkosh.wi.us
10/4/05@ 10:00 InspectionwlTracyWeeks.
10/4/05 @ 10:00 Arrived on site and none of the skirting was removed. Tracy asked to cancel the inspection and
rescheduled for Friday at 10:00
10/4/05 @ 2:18pm Neimuth called to state that he had been contacted at 6:30pm the night prior to repair the foundation at
this address. He said he had to look at it first. He was calling to state that the house needed to be razed. The foundation
and floor system were extremely soft and rotten. He said that he could stick his knife into the wood. He wanted no part of
this project and thought the contractor was shady.
10/7/05 @ 10:00 Tracy weeks rescheduled the inspection for this time and day. No one showed up on site. We looked at
the house floor system through a crawlspace opening. The floor system showed active signs of powder post beetle
damage. There appears to be no foundation system and the posts are just sitting on stones. The house shows signs of
shifting in each and every direction (see photos). The skirting was not removed and the pictures were taken from the good
side of the house where the crawlspace opening was located. I knocked on site to try and talk to the owner but her son
answered and was not aware if Tracy was going to be on site. We took pictures and left at approx. 10:20. No contact has
been made by Tracy Weeks construction. It is apparent from the pictures that the house should be razed.
10/11/05 Tracy Weeks called wondering if we conducted an inspection. I told him that we looked through the crawlspace
opening and he stated that the owner wouldn't let him take off the skirting until a permit was obtained. I asked him why he
didn't call to cancel the inspection and he didn't have an answer. Allyn told me to go ahead and issue a permit for SFRI
Removing the skirting around the house for exploratory inspection purposes to determine if the building can be repaired.
The skirting is not to be re-installed without the approval of the Inspection Department.
10/18/05 Conducted the inspection and took pictures. Mr. Weeks did not show up and the owner called him to ask if he
was coming. He arrived approx. 15 min. late and we discussed the damage to the foundation of the house. There was
not one area of the foundation that was in sound condition. The beams, columns, and fioor system were damaged due to
dry rot and insect infestation. We also discussed that not only the foundation would need to be replaced but the wall
systems were bowed and damaged in addition to numerous areas of the roof that were sagging and deteriorated. Mr.
Weeks agreed that the house was not worth repairing. (see pictures).
~
1624 N,b",',
10.18.05.doc
1624 N,b",',
10.7.05.doo
Spoehr, Smits & Blazel, LLC
ATTORNEYS AT LAW
MILTONSPOEHR
CONNIE SMITS
JOHN M. BLAZEL
2
2005
118 N. Pearl Street
Post Office Box 191
Berlin, WI 54923-0191
(920)361-1777
Fax (920) 361-4447
~~"-'-W(""""""";r' "),>
If.'" \ ¡.oJ"ýÝ
.(..~yS MoP! ~
j1JD "
September 26, 2005
Mr. Aìlyn Dannhoff
City of Oshkosh
P.O. Box 1130
Oshkosh, WI 54903-1130
RE: City of Oshkosh v. Neilsen, et al
Dear Allyn:
Enclosed is the Stipulation and Order which the Court has signed. Let me know if Leslie
Neilsen is not meeting with the deadlines set forth in the Agreement.
Thank you.
Sincerely,
SPOEHR, SMITS & BLAZEL, LLC
9~/1~
Jo1m M. Blazel
JMB/c~
Enclosure
W.e_~8-~.." ..". ""
SPOEHR> SMITS & BLAZEL
920 3614447
P.01
SPOI1:HR. SMITS & BLAZEL. LLC
ATTORNEYS AT LAW
John M. Blaze!
118N.PearlSt,
PO Box 191
Berlin, WI 54923-0191
Phone (920) 361-1777
Fax (920) 361-4447
FAX COVER SHEET
DATE: September 28, 2005
TO: Allyn Dannhoff
FAX NUMBER: (920) 236-5084
RE:
Stipulation & Order
FROM: John Blazel
NUMBER OF PAGES, INCLUDlNGTHIS PAGE: l
MESSAGE:
Allyn-
The Neilsen Stipulation & Order follows.
Sorry for the oversight.
Thank you.
John Blaze!
The documents accompanying this telecopy transmission contain infonnation from sender, which is confidential and/or privileged.
This information is intended 10 be for the use ofthc individual or entity named on this transmission sheet. If you arc not the intended
recipient, be aware Ihat any disclosure, copying, distribution or use of the contents oflhis informalion is prohibited, and may
constitute an invasion oflhe privacy of tho inlended recipicnl. If you have rcceived Ihis lelecopy in error, please notifY U' by
telephone immediately so thaI we can arrange for the retrieval of the original document al no cost to you,
SEP-28-2ßß5 09:59 AM
SPOEHR, SMITS & BLAZEL
920 3614447
P.02
STATE OF WISCONSIN
CIRCUIT COURT
WINNEBAGO COUNTY
CITY OF OSHKOSH
Petitioner,
STIPULATION & ORDER
-and.
CASE NO.: 04 CV 922
LESLIE A, NEILSEN,
1624 Nebraska Street
Oshkosh, WI 54902
CASE CODE: 30405
WINNEBAGO COUNTY
415 Jackson Street
Oshkosh, WI 54901
Respondents.
¡:
\
l-
E
D
I . U TV--\
CLERKOFCOUA.S ~.
SEP 2 2 2005 \ I
If:
-_JO
c~yõiV'SION
STIPULATION
The above matter, having come on for hearing on August 31, 2005, at 10;45 a.m. before the
Honorable Robert A. Hawley, on the plaintift's motion for summary judgment. The parties
entered into an oral stipulation on the record resolving all ofthe issues in this mattel" The
following stípulation is a written version of the oral stipulation:
1.
That the City is entitled to a judgment praycd for in its complaint for a raze order
of the property pursuant to Section 66.0413 and ajudgment declaring the property
to be a nuisance pursuant to Chapter 823.
2.
The City is willing to grant an opportunity to the defendant Neilsen to repair the
property so that it complies with Section 66.0413 and to take such actions as are
necessary to abate the nuisance. To that end, the City shall not move for
judgment as long as the defendant meets thc following deadlines:
A.
The defendant and the defendant's contractor shall meet with a
representative from the City Building Inspector's office so thc City
can detennine the work that needs to be done to bring the building
into compliance and the defendant shall obtain a building pem1it
by October 31, 2005.
B.
If a varia11ce is necessary to complete the work necessary to bring
the premises into compliance the defendant shall have thirty (30)
days to apply for a variance.
SEP-28-200S 10:00 AM
SPOEHR, SMITS & BLAZEL
920 3614447
P.03
C.
All construction work 011 thc premises necessary in order to
comply with this stipuhllion shall bc completed by May 31, 2006.
3.
If thc defendant fails to meet the requiremcnts set forth in Paragraph 2.A. then the
City may move for judgment based upon the stipulation in Paragraph 1 of this
stipulation,
4.
If the defendant fàils to apply for any necessary varìanees, or having applied for
the necessary variance is denied the variance, then the City may move for a
judgment based upon thc stipulation in Paragraph I of this stipulation.
5,
If the defcnd¡¡¡1t has complied with all othcr requircmenls in Pamgraph 3 but fails
to comply with the requirements of Paragraph 3.B., then the City may move for
judgment based upon the stipulation in Paragraph I of this stipulation.
'l-).f
Date
-oS'"
~\<õ,O?
Dllte
Basc.c\ upon the foregoing stipulation it is hereby ordcred as set forth in the above stipulation.
Dated this ..2:L.duy of September, 2005.
/
1'"-02-2000 """0 ""
SPOEHR, SMITS & BLAZEL
9213 3614447
P.131
John M, Blaze]
118N. Pearl St.
PO Box 191
Berlin, WI 54923-019]
Phone (920) 361-1777
Fax (920) 361.4447
DATE: September 2, 2005
SPOEHR. SMITS & BLAZEL, LL(
ATTORNEYS AT LAW
FAX COVER SHEET
TO: Allyn Dannhoff
FAX NUMBER: (920) 236.5084
RE: Neilsen Stipulation
FROM: John Blaze]
NUMBER OF PAGES, INCLUDING THIS PAGE: -L
MESSAGE:
Allyn-
Following is a draft of my proposed stipulation, for your information.
John Blazel
The doeulnents acco"'pnnyi"G this lelecopy tra~smission co"lnin ¡nfonnelion from scnder,';;'hich is confidential lind/or privileged.
This information is intend cd to bc far the use of the individual or entity named on Ihis transmission sheet, Ifyau al'o not the intended
I'ccipienl, be aware Iha, any disclosure, copying, di,tribulian or use of the conlcnts oflhi, informlnion is prohibited, and n>BY
con"itute an invasion of the privacy of the inlcnded recipient. If you have received this ,clccopy in crror, please notify us by
telephone immediately so ,hat we can arrange for the retdove¡ of thc original document at no cost to you.
SEP-02-2005 04:41 PM
SPOEHR, SMITS & BLAZEL
920 3614447
P_02
STATE OF WISCONSIN
CIRCUIT COURT
WINNEBAGO COUNTY
CITY OF OSHKOSH
Petitioner,
STU>ULATION & ORDER
-and-
LESLIE A. NEILSEN,
1624 Nebraska Street
Oshkosh, WI 54902
CASE NO.: 04 CV 922
CASE CODE: 30405
WINNEBAGO COUNTY
415 Jackson Street
Oshkosh, WI 54901
Respondents.
STIPULATION
The above matter, having come on for hearing on August 31, 2005, at 10:45 a.m, before the
Honorable Robert A, Hawley, on the plaintiff's motion for summary judgment. The parties
entered into an oral stipulation on the record resolving all of the issues in this matter. The
following stipulation is a written version of the oral stipulation:
1.
That the City is entitled to a judgment prayed for in its complaint for a raze order
of the property plll'suaut to Section 66.0413 and ajudgment declaring the property
to be a nuisance pursuant to Chapter 823.
2.
The City is willing to grant an opportunity to the dcfendant Neilsen to repair the
property so that it complies with Section 66,0413 and to take such actions as are
nccessary to abate the nuisance. To that end, the City shall not move for
judgment as long as the defendant meets the following deadlines:
A.
The defendant and the defendant's contractor shall meet with a
representative from the City Building Inspector's office so the City
can determine the work that needs to be done to bring the building
into compliance and the defendant shall obtain a building permit
by October 31, 2005.
B.
If a variance is necessary to complete the work necessary to bring
the premises into compliance the defendant shall have thirty (30)
days to apply for a variance.
SEP-02-2005 04:41 PM
SPOEHR, SMITS & BLAZEL
920 3614447
P.03
C.
All construction work on thc premises neccssary in order to
comply with this stipul¡¡tion shall be completed by May 31, 2006.
3,
If the defcndant fails to meet thc requirements set forth in Paragraph 2.A. then the
City nlay move forjudgmcnt based upon the stipulation in Par¡¡graph I of this
stipulation.
4.
Iflhc defendant fàils to apply for any necessary v¡¡riances, or having applied for
thc nccessary variance is denied the variancc, then the City moly move for ¡I
judgment b¡¡scd upon thc stipulation in Paragraph I of this stipulation,
5.
If the defcndant has complied with all other requirements in Paragraph 3 but fails
to comply with the requirements ofJ.>aragraph 3.B., then the City may move for
judgment based upon the stipulation in Paragraph 1 of this stipulation.
Date
John M, Blazcl, Attorney for City of Oshkosh
Date
John H. Wallace III, Attorney for Leslie Neilsen
ORDER
Bascd upon the foregoing stipulation it is hereby ordered as set forth in the above stipulation,
Dated this - duy ofSeptclllber, 2005,
Honorable Robert A. Hawley, Branch 4
Circuit Court Judge
i"O-~O-"..O ,"". "e
SPOEHR> SMITS & BLAZEL
920 3614447
P.01
SPOEHR, SMITS & BLAZEI-. LLC
ATTORNEYS AT LAW
John M. Blazel
118N.PearlSt.
PO Box 191
Berlin, WI 54923.0191
Phone (920) 361-1777
Fax (920) 361-4447
DATE: August 29, 2005
FAX COVER SHEET
TO: Allyn Dannhoff, City of Oshkosh
FAX NUMBER: (920) 236-5084
RE: Oshkosh v. Neilsen
FROM: John Blaze!
NUMBER OF PAGES, INCLUDING THIS PAGE: å"8
MESSAGE:
Dear Allyn:
Please see the following letter regarding WaJlace's Response,
John Blaze!
The document:! accompanying this telecopy tronsmi"ion contain information fr"", scnd«. which i. confidential and/or privileged.
This information is intended to be for the tlSe ot'the individual 01' entity namcd on this transmission sheet. If you ore nnt the intended
recipient. be aware that any disclosure, copying, distributiol\ or use of the con"n!s ofthis inforn,ation is prohibited. and mey
col\81itute an invilsÎon of the privacy of the intended recipient If you have ,'eceivcd this [Olecopy in error, please notify us by
telephone immediately so that we can .""ng. for the retrieval of the original document at no cost to you.
AUG-29-2005 12:31 PM
SPOEHR, SMITS & BLAZEL
920 3614447
P.02
Spoehr, Smits & Blazel, LLC
ATTORNEYS AT Lt\W
118N.PeariStreel
Post Office Box 191
Berlin, W15492J-Q191
(920) 361-1777
Fax (920) 361-4447
MIL1'aNsPOlmll
CONNŒSMI1'S
JOliN M. BLAZE!.
August 29, 2005
Mr. Allyn Dannhoff
City of Oshkosh
P.O, Box 1130
Oshkosh, WI 54903-1130
Via Fax Only (920) 236-50114
RE: City of Oshkosh v. Neilsen, et al
Dear Allyn:
Following is the response that John Wallace made to our Molian for Summary Judgment. This matter
has been scheduled for a hearing on August 31. please review this and let me know your thoughts.
This response may be sufficient for Wallace to defeat our Summary Judgment Motion. The Summary
Judgment is not appropriate if there are any facts in dispute and this motion would create a factual
dispute as to the cost of the repairs. We have alleged that the repairs would cost more than $14,000
to complete. Therefore, it is likely that our motion will be denied. However, I will ask the Court to
schedule this matter for a court trial as soon as possible. Therefore, we need to consider how we
prove that the costs of repair would exceed one-half of the assessed value (which, by the way, is quite
a bit higher than it was when we started this matter). We should discuss whether you and Nicole
Krahn could testify as to customary and usual construction costs or whether we would need to bring in
a contractor as an expert witness,
I looking forward to hearing from you.
Sincerely,
SPOEHR, SMITS & BLAZEL, LLC
~~~
John M. Blazel
JMB/cab
AUG-29-2005 12:31 PM
SPOEHR, SMITS & BLAZEL
920 3614447
P.03
STATE OF WISCONSIN
cmCillT COURT
WINNEBAGO COUNTY
CITY OF OSHKOSH,
Petitioner,
RESPONSE
CASE NO. 04 CV 922
and
LESLIE A. NEILSEN,
1624 NEBRASKA STREET
OSHKOSH, WI 54902
WlNNEBAGO COUNTY
415 JACKSON STREET
OSHKOSH, WI 54901,
.. --WINÑt'ðÀi3Õ'<;~n.
r=~F F
I, I
1.'AU¡'.':.12IJ(¡.'..
:; -_...---_..J D
CIVIL/FAMILY DMSION
Respondents.
NOW comes the respondent, Leslie A. Neilsen, by her attorney, John H. Wallace III,
Wallace & Wallace, S.C., 322 Church Avenue, Oshkosh, Wisconsin, hereby offers the following
response to Summary Judgment, such response being as follows:
1. That the City of Oshkosh filed suit in this matter September 22, 2004 seeking an order to
raise the property.
2. That as part of its amended summons, at paragraph seven, the City of Oshkosh claimed
that the respondents home was so unsafe and in such condition thl¡t it could not be repaired.
3. That in itS Motion for Summary Judgment, the City claims that, at paragraph four in its
memorandum in support of Motion for Summary Judgment, that the damage is such that it would
be unreasonable to repair.
4. That according to the Affidavit in Support of Motion for Summary Judgment, paragraph
six, the City claims that the repairs could only account for one-half of the assessed value of
$29,100.00 or $14,555.00.
5. That according to the most recent assessed value, the property is now assessed for
$46,100.00 which would make the allowed total repair cost pursuant to Sect, 66.0413, a total of 50%
or $23,050.00,
6, That according to the attached Affidavit of Leslie A. Neilsen and the estimates therewith,
the repairs can be done for under one-half of the fair market value, thereby making an is$ue of fact
for this court to decide at a trial in this møtter.
AUG-29-2005 12:32 PM
SPOEHR, SMITS & BLAZEL
920 3614447
P.04
WHEREFORE, the respondent, upon the review of the facts of this case, request the
following:
A. The court deny Summary Judgment for the City of Oshkosh and set the matter for trial,
B. Any other reliefthe court feels just and necessary.
Dated this the ~f August, 2005.
P.O. ADDRESS
Wallace & Wallace, S.C.
322 Church Avenue
Oshkosh, WI 54901
920-231-7810
AUG-29-2005 12:32 PM
SPOEHR, SMITS & BLAZEL
920 3614447
P.05
ST ATE OF WISCONSIN
CIRCUIT COURT
WINNEBAGO COUNTY
CITY OF OSHKOSH,
Petitioner,
AFFIDAVIT OF LESLIE A. NEILSEN
CASE NO. 04 CV 922
and
LESLIE A. NEILSEN,
1624 NEBRASKA STREET
OSHKOSH, WI 54902
WINNEBAGO COUNTY
415 JACKSON STREET
OSHKOSH, WI 54901,
-T:'~~:: :~l
e
D Je I
I CMIJI'I\M1LVDMIION
Respondents.
STATE OF WISCONSIN
)
) 55
)
WlNNEBAGO COUNTY
I, Leslie A. Neilsen, being first duly sworn under oath, deposes and states the following:
1. That I am the owner of 1624 Nebraska Street, Oshkosh, Wisconsin, 54901.
2. That I have received two estimates for the repair of my home which are less than one-half
of the fair market assessed value.
3. That I have been working since May of the year 200S to obtain a low income Joan /Tom
the City of Oshkosh to expedite such repairs.
4. That I have not ever received a response back from the City of Oshkosh wether or not they
would approve my low income loan and I am considering that have rejected my application for a
loan,
5. That I currently am a college student at OW-Oshkosh but I am willing to borrow the
money to expedite the repairs to my home so that it is not condemned.
,
6. That since I am willing to repair the property and do such repairs, and I am willing to have
such repairs carried out, I am asking that the Court not grant judgment to the City for the
condemnation and destruction of my home,
7. That this affidavit is made in support of my response requesting that the court set this
AUG-29-2005 12:33 PM
SPOEHR, SMITS & BLAZEL
920 3614447
P.06
'matter for trial and deny Summary Judgment to the City of Oshkosh.
Dated this the JL day of August, 2005,
"
(
'-..
) /Á )~M~
AUG-29-2005 12:33 PM
SPOEHR,
SMITS & BLAZEL
920 3614447
P.07
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PROPOSAL
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We hereby propose tD furnish ,he materials 5-,d perform ,he labor neceS~8ry for the cor11pletion of
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All rr,~tel"EIII" guar.nteel,1 to be as "p::;"c:, and the aoove work to ~e perfcrmero in .CC:;;J"ne;; NI,h Ü"" dr;Jw'n~' 01'" :
specifications submitted for above '.Vc~~ and completed in a substantial workmanlike manner fer the sum of
Dollers[$ 1'i"":-O:- 1
with payment,~ to be made ,as fellows:
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[t;:I:i.::~:"~:'::"~:"': ",'I:,~,cr::~~tl:,~,~~o~~~rl~,~~~lt C"S ,", 1;~C5~;;:~~J~~J ~li:¡~,',:,r,O,',¡~~;~~;Pt-'d' Veu "rn ""t:' .-"'c.',: ,,~ ,10 r.h~ Nark ao """;::"-'~Ii
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AUG-29-2005 12:33 PM SPOEHR, SMITS & BLAZEL 920 3614447 P.08
NOTICE OF ASSESSMENT - THIS IS NOT A TAX Bill, in aeGo/dlno< N"" Seçlion 70,365 u.:> PA':t~~ ~UM~~,;"
of the WloconSÍl1 Slatut.., you Ir. hereby notilíed of your Isse$amlnl 101 "'. current yeal.
OSHKOSH REASON
IAMe,.\ÓOn
2 Higher laM ""°,
lend imF'Oyemenl"
.nd MeN
conll,u",'o"
3 FOlme"y ....onal
property, """'.
al R.aI ¡:a.... fo,
fl"',me
4 p"'p"ny folme,iy
e,emF!, new
........
. InCtO... .ue Ie
reyeluadon
5 AlIee"o,'1 Ihifl in
cie,";r,c.>don LEGAL DESCRIPTION:
7l0.." ,",emtory S 41 FT OF W 105 FT OF
~YS':.':,~~::;'"n 0'1' 27 &0 N 19 FT OF W 1
~~::~e:.:~:'~~~., FT OF LOT 26 CLEMENT
..."eye., or DOTY S SUB
remove.
. Pro"""y Ic,me"y
mel..', nOW
e,.mOL
'° Deero... aue 10
levalull'cn
lnor,,"" @
0",.....0
GEN. PROPERTY
24
PFC/MFL LANDS
REASON(S) FOR CHANGE
LESLIE A NEILSEN
1624 NEBRASKA ST
OSHKOSH WI 54902-6918
Q:
cory DF OBHKD&H
Dear Property Owner,
1624 NEE RASKA 5T
1624 NEBRASKA ST
CLERK, SDARÞ OF REVIEW MeeTS DN
PAMELA UHRIG
(920) -236-5011
CITY HALL RM. 404
g,OO AM 8/08/2005
:~~~~R.(920) -236-507
STEVEN F SCHWOER
OPEN SÇD..K DATI!:
6/20/05-7/22/05
CITY HALL RM 306
June 20,2005
The City of Oshkosh has performed a citywide revaluation for 2005 as required by State Stalute 70,75. The previous
revaluation was completed in 1995. The above assessment therefore renocts changes in property value over the lasl 10
~'ears. The assessment roll containing the 2005 assessed values of all propenies within the Ci!)' of Oshkosh will be
open for public view weekdays. June 20'h to July 22'1<1. from 8:30 AM until 4:00 PM in room 306 of City Hall, 215
Church Avenue. The 2005 assessment roll. sales, property information, and the objection procedure are available
online at httD://www.ci.oshkosh,wí.us. If you wish to object to YOllr 2005 assessment call (920) 236-5070 to set up an
appoil1lmenl to discuss your property with a staff member. At lhe appointment you will be asked to provide
information to support your proposed value,
If. after meeting with an appraiser, yoll wish to appeal your asscssment to the Board of Review you will need to follow
the Assessment Objection Procedure below, The firSt scheduled meeting for appeals will be held Monday. August 8Lh
at 9:00 AM in room 404 orCi!)' Ha, Upon adjournment of the Board of Review, the 2005 assessment will bI.-comc
finul.
Rcspcett\llIy.
Assessor's Ofli,:c
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\ FORM PR.JO1.. 10-286 (R S':'
Spoehr, Smits & Blazel, LLC
ATTORNEYS AT LAW
MILTONSPOEHR
CONNIE SMITS
JOHN M. BLAZEL
118 N. Pearl Street
Post Office Box 191
Berlin, WI 54923-0191
(920)361-1777
Fax (920) 361-4447
.AUG Û 4 2005
August 3, 2005
Mr. Allyn Dannhoff
Director of Inspection Services
P.O. Box 1130
Oshkosh WI 54903-1130
Re: City of Oshkosh vs. Neilsen
Dear Allyn:
Enclosed is correspondence I received from John Wallace. The Court has scheduled this
matter. for summary judgment motion on August 31, 2005. As you recall, we had to do that
because the original agreement that we entered into with Wallace was never returned to me. I
am fully prepared to proceed with the motion and ask the Court to allow the City to take action
at the soonest possible time. However, I am merely sending this to you because I have an
obligation to keep you informed if an offer is made by the other side to resolve the matter.
Please let me know your thoughts at your convenience.
Thank you.
Sincerely,
SPOEHR, SMITS & BLAZEL, LLC
~~az~
JMB/bse
Enclosure
WALLACE & WALLACE, S.C.
ATTORNEYS AT LAW
John H. Wallace, Jr.
Retired
Algoma Bldg., Suite 2
110 Algoma Boulevard
Oshkosh, WI 54901
Phone: (920) 231-7810
Fax: (920) 231-7856
John H. Wallace III
Kate Seifert
July 22, 2005
Mr. John M. Blazel
Spoehr, Smits & Blazel
lIS N. Pearl Street
P:O. Box 191
Berlin, WI 54923-0191
RE:
City of Oshkosh vs. Leslie A. Neilsen
Case No. 04 CV 922
Dear John:
Please find enclosed a proposal received ITom Leslie Neilsen as it relates to repairs to her
home at 1624 Nebraska Street, Oshkosh, Wisconsin. Leslie is wondering whether or not the
stipulation and order could be extended through December 31, 2005 to allow the work in the
proposal to be completed.
1 take this time to thank you for your consideration in this matter.
JHW/mll
Enc.
<
Spoehr, Smits & Blazel, LLC
ATTORNEYS AT LAW
118 N. Pearl Street
Post Office Box 191
Berlin, WI 54923-0191
(920)361.1777
Fax (920) 361-4447
MILTONSPOEHR
CONNIE SMITS
JOHN M. BLAZEL
July 15,2005
Mr. Allyn Dannhoff
Director ofInspection Services
P.O. Box 1130
Oshkosh, WI 54903-1130
RE: City of Oshkosh v. Neilsen, et al
Dear Allyn:
Enclosed is an affidavit in support of Motion for Summary Judgment. If this is acceptable,
please have Nicole Krahn sign it in front of a notary and return it to me. I did this affidavit for
Nicole because she appears to be the person with the firsthand lmowledge in this matter. Upon
receipt, I will schedule this matter for a motion hearing to finalize this case. As I indicated
earlier, we did have an agreement which Wallace subsequently reneged upon.
Sincerely,
SPOEHR, SMITS & BLAZEL, LLC
~~.~
JMB/cab
Enclosure
STATE OF WISCONSIN
CIRCUIT COURT
BRANCH 4
WINNEBAGO COUNTY
CITY OF OSHKOSH
-and-
Petitioner,
AFFIDAVIT IN SUPPORT OF
MOTION FOR SUMMARY
JUDGMENT
LESLIE A. NEILSEN,
CASE NO.: 04 CV 922
CASE CODE: 30405
1624 Nebraska Street
Oshkosh, WI 54902
WINNEBAGO COUNTY
415 Jackson Street
Oshkosh, WI 54901
Respondents.
STATE OF WISCONSIN )
)ss
COUNTY OF WINNEBAGO)
Under oath, I hereby certify that the following is true and correct:
1.
That I, Nicole Krahn, am a Building Inspector for the City of Oshkosh.
2.
That the premises at 1624 Nebraska Street in the City of Oshkosh have severe
structural defects.
3.
That the exterior ofthe house is severely bowed on the south side,
4.
That the front of the house is no longer perpendicular to the ground and is leaning
forward,
5.
That the house is on a pier foundation and has no frost protection.
6.
That at the time raze orders were issued, the assessed value ofthe residence was
$29,100.00. According to Section 66.0413, only $14,550 could be spent on the
structure without exceeding 50% of the assessed value of the building divided by
the ratio ofthe assessed value to the recommended value as last published by the
Department of Revenue for the City of Oshkosh.
7.
Pursuant to Section 66.0413, a building that would exceed 50% of the above-
mentioned formula is deemed unreasonable to repair. It is my opinion that repairs
to the building would exceed $14,550.
8.
The house is unsided and is only covered with styrofoam insulation board.
9.
The contractor who had been hired to install siding on the building had reported
to the building inspector's office that due to damage from a tree falling on the
building approximately three (3) years ago, there was damage to the structural
floor system.
..,I'-
JìD day ofJuly, 2005.
Dated this
BY:
CITY OF OSHKOSH
tJ,-~\~~
Nicole Krahn
Building Inspector
Subscribed and sworn to before me
thi~. tI.(r':f'~ay of ~O.$
'Ø/J'~-"-ß ;;!"
Notary Public, State of Wisconsin
My commission: //-fL, ~
Spoehr, Smits & Blazel, LLC
ATTORNEYS AT LAW
January 25, 2005
RECEIVED
JA~ZtJ~
iIÞBR.hiRinMJ:t>tif {Qf
{COMMtlI\ImW iQß\I,fl~P.ffl'Il~~¡r
118 N. Pearl Street
Post Office Box 191
Berlin, WI54923-0191
(920) 361-1777
Fax (920) 361-4447
MILTON SPOEHR
CONNIE SMITS
JOHN M, BLAZEL
Mr. Allyn Dannhoff
City of Oshkosh
P.O. Box 1130
Oshkosh, WI 54903-1130
RE: City of Oshkosh v. Neilsen, et al
Dear Allyn:
I attended a scheduling conference in the above-referenced matter today, Apparently John
indicates his client is going to attempt to repair the property. According to him, she had two
contractors come out to prepare bids for her. It is my understanding that they may be
approaching the city for one of the grant programs that are available. Therefore, the judge
scheduled this matter for February 23 for a status conference to find out whether she was going
to be successful. If not, then he would set the matter for a trial.
Sincerely,
SPOEHR, SMITS & BLAZEL, LLC
~~~
JMB/cab
Spoehr, Smits & Blazel, LLC
ATTORNEYS AT LAW
MILTONSPOEHR
CONNIE SMITS
JOHN M, BLAZEL
RECEIVED
118 N. Pearl Street
Post Office Box 191
Berlin, W154923-0191
(920) 361-1777
Fax (920) 361-4447
DEC (: 6 ?Cü4
DEPARTMENT OF
COMMUNITV DEVELOPMENT
December 2, 2004
Mr. Allyn Dannhoff
City of Oshkosh
P.O. Box 1130
Oshkosh, WI 54903-1130
Re: City of Oshkosh v. Neilsen, et al
Dear Allyn:
Enclosed is a copy of Neilsen's Answer. As 1 indicated earlier, her attorney, John
Wallace, is attempting to get additional money from an insurance company for storm damage
several years ago, I don't think that he is going to be successful. He indicates that she will
attempt to take care ofthe matter. However, it will likely be quite a few months before anything
will be resolved. Therefore, it is my intention to proceed to have this matter scheduled for trial.
Please feel free to contact me if you have any questions or concerns.
Sincerely,
SPOEHR, SMITS & BLAZEL, LLC
~~B~
JMB/tjg
Enclosure
STATE OF WISCONSIN
CIRCUIT COURT
WlNNEBAGO
COUNTY
CITY OF OSHKOSH,
Plaintiff,
ANSWER
Case No. 04 CV 922
vs.
LESLIE A. NEILSEN,
and
WINNEBAGO COUNTY,
Defendants.
NOW COMES the Defendant, Leslie A. Neilsen, by her Attorney, John H. Wallace III,
Wallace & Wallace, S.C., 110 Algoma Blvd., Ste. 2, Oshkosh, Wisconsin, hereby offers the
following answer to the plaintiff's complaint such answer being as follows:
1. The Defendant, Leslie A. Neilsen, admits paragraph 1,2, and 3 of the Plaintiff's
complaint.
2. The Defendant, Leslie A. Neilsen, admits paragraph 4,5,6 of the Plaintiff's
complaint.
3. The Defendant, Leslie A. Neilsen, denies paragraph 7 of the Plaintiff's complaint and
puts the Plaintiff to prove there of.
4. The Defendant, Leslie A. Neilsen, admits paragraph 8 and 9 of the Plaintiff's
complaint.
WHEREFORE, the Defendant Leslie A. Neilsen, come upon the trial in this matter
request that the court enter an order as follows:
a. Dismissing the Plaintiff's action.
b. For cost and attorney's fees related to the defense of this action.
c. For any other relief the court feels just and necessary.
~
Dated this~ day of November, 2004.
POST OFFICE ADDRESS
Wallace & Wallace, S.C.
110 Algoma Blvd, Suite 2
Oshkosh, WI 54901
(920) 231-7810
Spoehr, Smits & Blazel, LLC
ATTORNlèYS AT LAW
'"1.1'0' SI'OEIII<
CO"IE "IITS
.IOIlNM,III.AZEI.
liS N. Pcarl Street
Post Offiee Box 191
Berlin, WI 54923-0191
(920) 361-1777
Fax (920) 361-4447
COPy r.
INFORA~I? 'fOUIf
,ìATION
RECEIVED
November 8, 2004
I\J\j \. i
Mr. John H, Wallaec, 1ll
Attorney at Law
Algoma Bldg., Suite 2
110 Algoma Blvd.
Oshkosh, WI 54901
DEPARTMENT OF
COMMUNITY DEVELOPMENT
Rc: City of Oshkosh v. Neilsen
Case No.: 04 CV 922
Dear John:
I had an opportunity to talk with the City about this matter. The City is not interested in
granting a 60 to 90 day extension to answer. If you need a short extension of time to answer due
to your schedule or similar types of matters, I would be happy to discuss the time line on that
with you,
I spoke with an insurance person that I know. That person indicated that he did not think
it likely that you were going to have much success with the insurance company voluntarily more
1110ncy. Please let us know what your plans are if that does not work out.
Sincerely,
SPOEHR, SMITS & BLAZEL, LLC
~~a~
JMB/tjg
pc: Ms. Allyn Dannhoff
AUG-28-2004 04:07 AM
SPOEHR~LAW~OFFICE
920 361 4447
P.01
SPOEHR. SMITS & BI,AZEI" LLC
ð,J'TORNEYSATI.AW
Milton Spoehr
Connie Smits
John M. Blazel
118 N. Pearl St.
PO Box 191
Berlin. WI 54923-0191
Phone (920) 361-1777
Fax (920) 361-4447
DATE: August 27, 2004
FAX COVER SHEET
TO: Allyn Dannhoff
FAX NUMBER: (920) 236-50.
RE: City of Oshkosh v, Neilsen
FROM: John M. Blaze!
NUMBER OF PAGES, INCLUDING THIS PAGE:..!.
MESSAGE:
Allyn:
Enclosed is the Petition and Order to Vacate and Raze Premises that I intend to file in this
matter, Please review this document and let me know if changes are needed,
Thank you, John Blazel
The documents accømpiUlying this tel.copy Iransnlission contain information !tom sender, which is coafidential and/or privilcgcd,
This informalinn ia intended to be for the use oClhe individ.o¡ or entity named on this "..omission sheer. If yo. are not Ihe intended
recipient. be aware thaI any disclosure, copying, distrib.lÍon or USe of thc contents of Ibis information is prohibitcd, and may
constitute an invasion oflhepri"acy of the intended recipient. If yo. ha"e received thistclecøpy in error, please notify... by
telephone immediately so that we can an'ange for the retrie.ol oflbe original document lit no cost to yo.,
AUG-2B-2004 04:08 AM
SPOEHR~LAW~OFFICE
920 3614447
P.02
STATE OF WISCONSIN
CIRCUIT COURT
WINNEBAGO COUNTY
CITY OF OSHKOSH
PETITION FOR ORDER TO VACATE
AND RAZE PREMISES
Petitioner,
CASE NO,; 04 CV
.alld.
CASE CODE: 30405, Other Real Estate
LESLIE A. NIELSEN
1624 Nebraska Street
Oshkosh, WI 5490%
Respondents.
Now comes the petitioner by Allyn Dannhoff and represented by John M. Blazel of
Spoehr, Smits & Blazel, LLC as the attorney for the City of Oshkosh and states and alleges as
fonows:
I. That the City of Oshkosh is a Wisconsin Municipal Corporation with its primary
offices at 215 Church Avenue, P.O. Box 1130, Oshkosh, WI 54903.
2. That the defendant, Leslie A. Neilsen, is an adult resident of the State of Wisconsin
and upon information and betiefresides at 1624 Nebraska Street in the City of Oshkosh,
Wisconsin 54902,
3. The Director of Inspection Services, Allyn Dannhoff, served the above-named parties
with a Notice to Raze or Repair which ordered the building be razed or repaired within thirty (30)
days.
4. The order affected the property at 1624 Nebraska Street in the City of Oshkosh and
which is more particularly described as follows:
That part of Lots Twenty-six (26) and Twenty-seven (27) in CLEMENT & DOTYS
SUBDN OF LOT 3, in the Third Ward, City of Oshkosh, Winnebago County, Wisconsin,
per Leach's Map of 1894. described as follows, viz:-
Commencing at the Southwest comer of said Lot Twenty-seven (27); thence North, along
the West line ofsaid Lot Twenty-seven (27), Forty-one (41) feet; thence East, parallel
with the South line of said Lot Twenty-seven (27). One Hundred Five (105) feet; thence
South, parallel with the West line of said Lots Twenty-seven (27) and Twenty-six (26),
Sbtty (60) feet; thence West, parallel with the South line ofsaid Lot Twenty-seven (27),
One Hundred Five (105) feet, to the West line ofsaid Lot Twenty-six (26); thence North,
along the West line of said Lot Twenty-six (26), Nineteen (19) feet, to the place of
beginning.
5. That the Notice and Order is attached hereto as Exhibit A.
AUG-26-2004 04:06 AM
S~OEHR+LAW+OFFICE
920 3614447
~.03
6. That the defects in the building which were noted in the Notice and Order are that the
building has become damaged to such an extent as to be dangerous, unsafe and unsanitary,
otherwise unfit for human habitation, occupancy or use, and is in danger of stnlctural collapse.
7. That repairs to the building would exceed fifty percent (50%) of the assessed value of
the building divided by the ratio of the assessed value to the recommended value as last
published by the Department ofR-evenue for the City of Oshkosh.
8. That the Notice and Order in Exhibit A was served upon the parties, Proof of which is
attached hereto as Exhibits B and C. That the Notice and Order further required the defendant,
Leslie A. Nielsen, to remove any personal property or fixtures.
9. That the defendant, Leslie A. Neilsen, has failed to remove the personal property and
fixtures as well as to vacate the premises and has further failed to raze or repair the strUcture.
WHEREFORE, the City of Oshkosh requests the following relief:
A. For an Order requiring the owner raze or repair the premises.
B. For an Order requiring any persons occupying the building to vacate the premises.
C. For such costs, fees and expenses as shall be allowed pursuant to Section 66.0413,
Stats., and otherwise allowed by law.
D. For an Order authorizing the Building Inspector to proceed to raze the building if the
building is not razed or repaired by the property owner.
E. For a determination that the building and premises constitutes a public nuisance
pursuant to Chapter 823, Stats.
F. For an Order enjoining the public nuisance,
G. For such other and further relief as may be just and equitable,
Dated this - day of August, 2004,
BY:
John M. Blaze!, Attorney for City of Oshkosh
Attomey John M. Blazel
WSB#10180S9
SPOEHR-, SMITS & BLAZEL, LLC
P.O. Box 191
Berlin, WI 54923-0191
(920) 361-1777
City of Oshkosh - Dept of Community Development
Inspection Services Division
PO Box 1130
215 Church Ave
Oshkosh, VVI 54903-1130
Ph (920) 236-5050 Fax (920) 236-5084
~
OfHKOfH
MEMORANDUM
TO: Lynn Lorenson, Asst. City Attorney
FROM: Allyn Dannhoff, Director ofInspection Services
DATE: June 24, 2004
RE: Raze and Abatement Orders
1733 Georgia St.
Attached are orders to be served to Abate a Public Nuisance, accumulation of junk and debris. If
your office will not be handling this, would you please forward this to John Blazel for pursuit?
53 Eveline St.
Attached are orders to be served to Abate a Public Nuisance, deteriorated conditions on the house.
The conditions are not enough to issue a Raze Order so we are pursuing this avenue. If your office
will not be handling this, would you please forward this to John Blaze! for pursuit?
1624 Nebraska St
This past January we issued a Raze Order on this property. The owner has not complied, nor has she
contacted us for an inspection or to advise of plans to comply. Since she has not moved out, how
do we proceed. The last party was notified on February 10,2004. The 30 day time ftame has long
since expired. Please advise.
CiTY HALL
inspection Services Div
215 Church Avenue
PO Box 1130
~ Oshkosh Wi
~ 54903-1130
OfHKOJH
ON ,H, WATER
City of Oshkosh
NOTICE TO RAZE OR REPAIR NOTICE
To:
Leslie A. Neilsen
1624 Nebraska St.
Oshkosh WI 54902
The following parties have an interest in this property and are hereby notified of
this action:
Winnebago County Treasurer
415 Jackson St
Oshkosh WI 54901
YOU ARE HEREBY NOTIFIED that the two-story wood frame house situated on the
following described property, to wit:
That part of Lots Twenty-six (26) and Twenty-seven (27) in CLEMENT & DOTYS
SUBDN OF LOT 3, in the Third Ward, City of Oshkosh, Winnebago County, Wisconsin,
per Leach's Map of 1894, described as follows, viz:-
Commencing at the Southwest corner of said Lot Twenty-seven (27); thence North,
along the West line of said Lot Twenty-seven (27), Forty-one (41) feet; thence East,
parallel with the South line of said Lot Twenty-seven (27), One Hundred five (105)
feet; thence South, parallel with the West line of said Lots Twenty-seven (27) and
Twenty-six (26), Sixty (60) feet; thence West, parallel with the South line of said Lot
Twenty-seven (27), One Hundred Five (105) feet, to the West line of said Lot Twenty-
six (26); thence North, along the West line of said Lot Twenty-six (26), Nineteen (19)
feet, to the place of beg inning.
Which premises are owned by you and known as, 1624 Nebraska Street, has become
damaged to such an extent as to be dangerous, unsafe, and unsanitary, otherwise unfit for
human habitation, occupancy, or use, and is in danger of structural collapse.
NOTICE TO RAZE OR REPAIR NOTICE
Page Two
THEREFORE, you are hereby ordered to raze or repair said 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
tenus and provisions of Section 66.0413 Wisconsin State Statutes and in such case made
and provided. If you shall fail or refuse to comply within the time prescribed in this
notice, said building shall be razed and removed by the City of Oshkosh; and the cost 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) and 66.0413(1)(j), Wis. State Stats., within 30 days
ITom 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 amoUDt 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 it has been stored.
Dated at Oshkosh, Wisconsin, this thirtieth day of January, 2004.
--
~."-' ¥v
/l..It- /)¡ ~ ~--
t.-b7 ,,_1'.." .~~. " ¡;r--
CERTIFICATE OF SERVICE
STATE OF WISCONSIN)
) SS.
WlNNEBAGO COUNTY)
I hereby certify that on behalf of the City of Oshkosh, a municipal corporation located in
Winnebago County, Wisconsin, I served the within Notice to Raze or Repair Building on the
within named
LESLIE A. NEILSEN
by leaving with and delivering to
LESLIe- A. /1/€rL..'€-./ at
It.Å~ ,lUoIl./pmsk.I<
(address)
~1-
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.
OSHKOSH POLICE DEPT.
By:~ ~~~
~r's Name)
At:
¡J.,,- tl?-".,I 7::J.,('/ .4'"
(Date & Time of Service)
Re:
1624 Nebraska St.
Oshkosh, WI
--
þtT-~ ctc,
ç~---
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
Winnebago County, Wisconsin, I served the within Notice to Raze or Repair Building on the
within named
WINNEBAGO COUNTY TREASURER
by leaving with and delivering to
\)/(.../.<.'
F(h4H1V
at
415 Jackson St..
(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 official title on the copy so served.
~~~/
(Officer's Name)
At:
:z. -5.CJ~ 9//.579""
(Date & Time of Service)
Re:
1624 Nebraska St.
Oshkosh, WI
P,O, Box 251 . Oshkosh, WI' 54903.0251
Phone 1920-235-0017) . Fax 1920-235-2122)
PUBLIC RECORD TITLE REPORT
RE:
File No. 249501
Prepared for:
Oshkosh City Hall
215 Church Avenue
Oshkosh, WI 54901
1.) Please be advised that we have made a partial examination of the
public records of Winnebago County commencing as of January 3, 2001 at
2:18 P.M. of the record title of the following described real estate:
SEE ATTACHED LEGAL DESCRIPTION
2.) Title appears to be vested in: Leslie A. Neilsen, by an instrument
dated December 8, 2000 and recorded in the office of the Register of
Deeds in said County on January 3, 2001 at 2:18 P.M as Document No.
1115444.
3.) The above property appears to be subject to the following
mortgage(s): NONE
4.) Judgments or liens docketed or filed that appear to affect the
above described real estate: NONE
5.) Real estate taxes appear to be paid through 2002.
Parcel No. 903-0593.
6.) This examination is to January 19, 2004 at 8:00 A.M.
7.) 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.
ASSURANCE TITLE & ABSTRACT SERVICES, INC.
BYzî~ rY\. YYì ~
Title Officer '
dgr
1
LEGAL DESCRIPTION
That part of Lots Twenty-six (26) and Twenty-seven (27) in CLEMENT &
DOTYS SUBDN OF LOT 3, in the Third Ward, City of Oshkosh, Winnebago
County, Wisconsin, per Leach's Map of 1894, described as follows,
viz:-
Commencing at the Southwest corner of said Lot Twenty-seven (27);
thence North, along the West line of said Lot Twenty-seven (27),
Forty-one (41) feet; thence East, parallel with the South line of said
Lot Twenty-seven (27), One Hundred Five (105) feet; thence South,
parallel with the West line of said Lots Twenty-seven (27) and Twenty-
six (26), Sixty (60) feet; thence West, parallel with the South line
of said Lot Twenty-seven (27), One Hundred Five (105) feet, to the
West line of said Lot Twenty-six (26); thence North, along the West
line of said Lot Twenty-six (26), Nineteen (19) feet, to the place of
beginning.
../
Re~l Estate by Parcel
Page 1 of 1
.<-eat Estate Tax Inquiry
I ParcellD II
Address
0305930000 1624 NEBRASKA
ST
0305930000 1624 NEBRASKA
ST
EJ FirstêOate Second êOate Third êOate Fourth êOate Net Balanc
ParcellD Quarter Paid Quarter Paid Quarter Paid Quarter Paid Taxes Due
Payment Payment Payment Payment Due
0305930000 ~ ~ ~ ~ 1~034.5311~034.5
0305930000 1$ 211.34113/20/0311$ 273.20 113/20/0311$ 273.20114/11/0311$ 273.20 117 /08/O311~O30. 941E
If the account is delinquent, interest will be added to the balance shown. For the exact amount, please
call City Collections office at (920) 236-5025.
For payments made after July 31st and prior year tax information, check with the Winnebago County
Treasurer's office at (920) 236-4777.
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1/22/2004