HomeMy WebLinkAboutLetter-Raze Notice
CITY HALL
Inspection Services Div
215 Church Avenue
PO Box 1130
~ O,hkooh WI
~ 54903-1130
OJHKOJH
ON THE WATER
City of Oshkosh
NOTICE TO RAZE AND REMOVE BUILDING
To: Jamie Anderson
2963 Jackson St.
Oshkosh, VVI 54901-1201
Jason VVolfgram
2963 Jackson St.
Oshkosh, VVI 54901-1201
The following parties have an interest in this property and are hereby notified of
this action:
Bank Mutual
4323 VV. VVisconsin Ave.
Appleton, VVI 54913-8632
Doc. #1428586
1429901
VVinnebago County Treasurer
415 Jackson St.
Oshkosh VVI 54901-4751
YOU ARE HEREBY NOTIFIED that the one-story wood frame house situated on the
following described property, to wit:
Lot Sixteen (16) and the East 'li of that portion of an alley (now vacated) lying VV est of
and adjacent to said Lot 16 and between the extended North and South lines of said Lot
16, Block Eight (8), in the PLAT OF THE INTER URBAN LAND COMPANY, in the
Fifteenth VVard, City of Oshkosh, VVinnebago County, VVisconsin.
VVhich premises are owned by you and known as, 2003 Mount Vernon Street, Oshkosh,
VVisconsin has become damaged to such an extent as to be dangerous, unsafe and
unsanitary; otherwise unfit for human habitation, occupancy or use; is in danger of
structural collapse; and is in a condition making it unreasonable to repair the same.
THEREFORE, you are hereby ordered to raze and remove this building within thirty (30)
days from the date of service of this order upon you.
YOU ARE FURTHER NOTIFIED that this order is served upon you pursuant to the
terms and provisions of Section 66.0413 VVisconsin 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.
NOTICE TO RAZE AND REMOVE BUILDING
Page Two
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)0), Wis. State Stats., within 30 days
from the date of service of this order upon you the City of Oshkosh may store the same,
or may sell it, or if it has no appreciable value may destroy the same. In case the property
is stored and the amount paid for storage shall be a lien against such property and against
the real estate and shall be assessed and collected as a special tax against the real estate if
the real estate is owned by the owner of the personal property and fixtures. If the
property is stored and not claimed by the owner it may be sold at the expiration of 6
months after it has been stored.
Dated at Oshkosh, Wisconsin, this 18th day of April, 2007.
....~i~WitteIAt~Il}le..J'.O: 'BbXds{ ~bshkosh,WI's4g03-o;5f .
.' .' (920) 235-0017 .. Fx: (g20) 235-2122
www.assurance-tide.com
PUBLIC RECORD TITLE REPORT
RE: File No. 277738
Prepared for: 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, 2007 at 8:38 A.M. of
the record title of the following described real estate:
Lot Sixteen' (16) and. il1eEast:. 1/2 of t:.b.atportioh of an alley (now va.cated)
lyin$ .west>ofand.. adjaCent:. to' ~a.id.Lot16o.ridbetwe~n€heexterided . North and
Sou~h'lineE3 qofsa~cl L()t16 ,'BlockEight . (8) I inthep'LAT OP'THE INTERURBAN
LANDCOMPA1\JY, in the F:lfteenth Ward, City of Oshkosh;wi'nnebago County,
Wisconsin.
2.) Title appears to be vested in: Jaimie Anderson, a married person and
Jason Wolfgram, a single person, to each an undivided 1/2 interest, by an
instrument dated December 29, 2006 and recorded in the office of the Register
of Deeds in said County on January 3, 2007 at 8:38 A.M. as Document No.
1421693.
3.) The above propeEty appears to be subject to the following mortgage(s):
Mortgage from Jamie Anderson, a married person and Jason Wolfgram, a single
person, to each an undivided 1/2 interest as tenants in common to Bank
Mutual, showing an original principal amount of $25,500.00, dated February
15, 2007 and recorded in said Register'S Office on March 14, 2007 at 3:32
P.M. as Document No. 1428586.
. -. ..
Mort$a$ef:t:"om Jamie Anderson,amarriedpersonandJason~olfgram,.o. single
person; ... to.' eachan..upd:Lvided'l/2iriferest 'as tenants. in. common"toBank
Mutu'al.'....sh6wing.cm originalpr'incipaiamouI1t of $10i,30d. 00'; .... dated Marcri21,
20Ci7'a11d'rec6rded {Ii said Register"s Office on March 29, 2007 at 9:29A.M.' as
Document No. 1429901.
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 2006.
Parcel No. 915-1542.
6.) This examination is to April 10, 2007 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.
-
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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 and Remove Building on the
within named
JAMIE: ANDERSON
, by leaving with and delivering to
,p~ft> ,J
at d.7 "3 T ~~,J ~r- (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.
OSHKOSH POLICE DEPT.
By: ~t.f ~<..id72-
(Officer' s Name)
At: Ol.{ - J).S- - 0 7 () 8'50
(Date & Time of Service)
Re: 2003 Mount Vernon St., Oshkosh, WI
----
/2e:l.i.Pvtu "f-d (Xt:tf (J..llii.
I d'
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 and Remove Building on the
within named
JASON WOLFGRAM , by leaving with and delivering to
at ;;Q(03 T AqL5d,J S'l (address), Oshkosh,
~lc:12.~~
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:~I/_ -('C~f:!'JEli.~e1L
( fficer's Name)
At: all - J.~ ..- () 7 tJ ~3t)
(Date & Time of Service)
Re: 2003 Mount Vemon St., Oshkosh, WI
"'-
~IU cj.w (;,4 CUfJ
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 and Remove Building on the
within named WINNEBAGO COUNTY TREASURER , by leaving with and delivering to
~ cIt.- V . ffJ4 iJ-1V/
/1
at 415 Jackson Street
(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.
OSHKOSH POLICE DEPT.
By: Zu.Y"L
(Officer's Name)
At: !-C:Z:J-07 @ 9/0 ~
(Date & Time of Service)
Re: 2003 Mount Vernon St., Oshkosh, WI
r)
/7; lJ ~ fI 1.
CA/'-^:.Al'?1 ,,~ '
AFFIDAVIT OF SERVICE
IN RE OF vs. 311 MOUNT VERNON ST
Case No:
Service No.: NENO -07000658-001
State of WISCONSIN, County of OUTAGAMIE
I, the undersigned, do hereby certify and return, that at 1:45 PM on 04/25/2007, at 4323 W
WISCONSIN AVE APPLETON, WI, in said County and State, I served the within
NOTICE TO RAZE AND REMOVE BUILDING
on the therein named
BANK MUTUAL
by then delivering to and leaving with
KEITH PHILLIPS, LOAN OFFICER
personally a true and correct copy thereof and that at the time of service I endorsed upon the so served
copy the said date upon which the same was served, signed my name and added my official title
thereto.
Date: 04/25/2007 Time: 3:30 PM
BRADLEYG. GEHRING, Sheriff
OUTAGAMIE COUNTY
Per Deputy Sheriff CAROL HEISLER
('<J.~ ~
Deputy Sheriff
Comment:
Service Fees for this paper:
$38.00
RECEIVED
MAY 2 2007
DEPARTMENT OF
COMMUNITY DEVELOPMENT
INSPECTION SERVICES DIVISION
CITY HALL
Inspection Services Div
215 Church Avenue
. PO Box 1130
~ O.h""hWl
~ 54903-1130
OJHKOJH
ON THE WATER
City of Oshkosh
CC~~1f
NOTICE TO RAZE AND REMOVE BUILDING
,_. ~." ,.. > ..~., '. -"c.,"'''' .-. ...,-"
To: Jamie Anderson
2963 Jackson St.
Oshkosh, WI 54901-1201
Jason Wolfgram
2963 Jackson St.
Oshkosh, WI 54901-1201
The following parties have an interest in this property and are hereby notified of
this action:
Bank Mutual
4323 W. Wisconsin Ave.
Appleton, WI 54913-8632
Doc. #1428586
1429901
Winnebago County Treasurer
415 Jackson St.
Oshkosh WI 54901-4751
YOU ARE HEREBY NOTIFIED that the one-story wood frame house situated on the
following described property, to wit:
Lot Sixteen (16) and the East.~ of that portion of an alley (now vacated) lying West of
and adjacent to said Lot 16 and between the extended North and South lines of said Lot
16, Block Eight (8), in the PLAT OF THE INTER URBAN LAND COMPANY, in the
Fifteenth Ward, City of Oshkosh, Winnebago County, Wisconsin.
Which premises are owned by you and known as, 2003 Mount Vemon Street, Oshkosh,
Wisconsin has become damaged to such an extent as to be dangerous, unsafe and
unsanitary; otherwise unfit for human habitation, occupancy or use; is in danger of
structural collapse; and is in a condition making it unreasonable to repair the same.
THEREFORE, you are hereby ordered to raze and remove this building within thirty (30)
days from the date of service of this order upon you.
YOU ARE FURTHER NOTIFIED that this order is served upon you pursuant to the
terms and provisions of Section 66.0413 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.
INVOICE
Date: 04/25/2007
OUTAGAMIE COUNTY SHERIFF'S DEPARTMENT
410 SOUTH WALNUT STREET
APPLETON WI 54911-5989
Phone: (920) 832-5605
A~CCUI1t N5
() 0 tJ OC>
GlOSS t\tnount
Discount
IN RE OF vs. 311 MOUNT VERNON ST
. .LR.a::=..C/ -p - t;p
} .'-' "~---!l " -00
! - ._.~_.~
I . ~
1........ ....~_.. I
1" 'U ~... _ .~_
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r;'~';'.-"'--l\
.-....----,. t. i'tp--~\'f-1I""lo ~-cT u~AD
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. " " - I r~.",,"'n 01(
V.CflC,Qf 1'J~:r:1;;E'r . _"._~
.'r~t".". I"'"
Service Invoice #: NENO -07000658-001
Case #:
To: CITY OF OSHKOSH,
PO BOX 1130
OSHKOSH, WI 54902-1130
Invoice Date:
04/25/2007
NENO -07000658-001
Officer: CAROL HEISLER
Service #:
Case #:
FEES: PAYMENTS:
Service: $35.00 $.00
Attempt(s): $.00 $.00
Travel: $3.00 $.00
Deputy Time: $.00 $.00
Posting Fee: $.00 $.00
Sale Fee: $.00 $.00
Retainer Fee: $.00 $.00
County Percent: $.00 $.00
Total Charges: $38.00 Total Payments: $.00
Balance Due: $38.00
7
I
REMITTANCE COPY
Please return with payment. Include Service Invoice Number on check or money order.
Account due within ten (10) days of Invoice Date.
f .
RAZE REQUEST
Name:
Jamie Anderson/ Jason Wolfgram
2963 Jackson St
Oshkosh VVI 54901
Address of Violation: 2003 Mount Vernon St Oshkosh, VVI 54901
Brief history review:
On or about January 18,2007 while I was conducting an inspection in the 2000 block of Mount Vernon St I
noted a garbage dumpster in the front yard of 2003 Mount Vernon St. About the same time period a potential
buyer made me aware of possible structural problems to the foundation. It should also be noted that notes in the
assessor's file indicate a phone conversation with David Hunter who was representing the previous owner of
2003 Mount Vernon St. David said that the house was going to be sold to a builder who was going to tear it
down and that they would not let the assessor or inspector in for an inspection because they feared it would be
condemned. The assessor notes also indicate that social services had appraisals required for the sale of the
property and these appraisals were between $17,000 and $20,000.
After an onsite inspection of the property with the new owners it was determined that the building does have
numerous structural defects. These structural deficiencies include foundation walls that are bowed in, floor
framing that is cracked, improperly constructed! reinforced and there is a wall on the north side of the house that
is bowed out possibly due to improper framing of ceiling joists. In a phone conversation with Mark from Area
VVaterproofing & Concrete (who was contracted by the new owners to repair the foundation) he estimated that it
would cost approximately $10,000 to rebuild! repair the foundation.
Outline of Events
· January 18, 2007 a correction notice was sent to the owners indicating that there appeared to
be structural problems with the house and that an inspection was required.
· On or about that same time a potential buyer of the property made me aware of possible
foundation problems.
· March 5, 2007 Jamie Anderson contacted me and he told me that he would get me through
the property. Mr. Anderson is the new owner and purchased the property for $19,000.
· March 26, 2007 Jamie Anderson contacted our office and spoke with Adam Krause regarding
Area VV aterproofing doing work at 2003 Mount Vernon St.
· March 27,2007 I spoke with Mark from Area VVaterproofing and told him not to proceed with
any other work at 2003 Mount Vernon St until a permit was issued. Pictures were taken of
the exterior ofthe building.
· March 28,2007 Jamie Anderson and Jason VVolfgram came to the inspection office to
discuss the situation of 2003 Mount Vernon St and to request that I conduct an interior
inspection of the property. An inspection was conducted of the interior of the house and
photos were taken.
':'
Since the new fair market value ofthe property is $19,000 (with the value ofthe land being $18,000), the house
has a fair market value of$ 1,000. City Ordinance and State Statues require that structures where the cost to
make structural repairs/corrections exceeds 50% of the current fair market value are deemed to be unreasonable
to repair. The current assessed value of the dwelling is $1000 therefore only $500 could be spent to fix the
structural issues. Since the foundation repairs alone are estimated to cost $10,000, this structure is deemed
unreasonable to repair by State Statute. Therefore, I am requesting approval to have this structure razed.
Attachments: Orders~, Photos X
Other -X-.
Citation requested by:
John Zarate
Date: 4/9/2007
******************************************************************************
Date:
Division Supervisor
Date:
City Manager
Date:
NOTES:
e
OSHKOSH
ON THE WATER
Issue Date 1/18/2007
Address 2003 MOUNT VERNON ST
Name Address
I JAMIE ANDERSON/JASON WOLFGRAM 2963 JACKSON 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 Date. 2/17/2007
Compliance No
Sent to
l!:J Owner
City
OSHKOSH
State Zip Code
WI 54901 -0000
Introduction
U Required for Occupancy Occupancy Single Family
e have received a complaint regarding the structural integrity of this building. It appears that there may be structural
defiCienCieS from a drive by review.
Item #
Description
01/18/2007
Code 7-48 Compliance Compliance Date 02/17/2007
he Building Inspector may: If a building or portion thereof is unsafe, dangerous or unsanitary or otherwise unfit for human habitation and
unreasonable to repair, order the owner of the building to raze the building, or if the building can be made safe by reasonable repairs, order
he owner to either make the building safe and sanitary or to raze the building, at the owner's option.
Last
Updated
Summary Please contact me within the next ten days to discuss this issue. Office hours are Monday-Friday 7:30-8:30am and
12:30-1 :30pm.
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 2/17/2007
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
Date
Inspected by: John Zarate 236-5119 jzarate@ci.oshkosh.wi.us
I hereby certify the violations listed on this report have been corrected in compliance with the applicable codes.
Print Name
Company
Signature
Date
Also Sent to: U Bldg
U Elec
U HVAC
U Plbg
U Designer
U Other
U Inspector
12193
Page 1 of 1
~
SCHWAB
REALTY~ LTD.
Eac~ Office is Independently
Owned and Operated.
601 Oregon St., Snite B, Oshkosh
233-4184
Room
Vestibule
LR
DR
Kit
DA
FR
Other
Laundry
Bath 1
Bath 2
Bath 3
Bdrm 1
Bdrm 2
Bdrm 3
Bdrm 4
Misc
Dimension
13'8 X 11'5
15'3 X 10'5
4'11 X 7'10
11'8 X 7'6
11'8 X 7'6
House Exterior: SLA TENINYL
Fireplace: NONE Type: NI A
Heat Type: GAS FORCED AIR
Air Conditioning: NONE
Waterfront: NONE
;-
Basement: FULL
Foundation Type: BLOCK
Water Softener: NONE
Electric: 60 AMP FUSES
2003 Mt. VERNON STREET
CITY Olf OSHKOSH
$24,000'
Level
MAIN
MAIN
MAIN
MAIN
MAIN
Water: MUNICIPAL
W aste: SANITARY SEWER
r--
, Garage Size: NONE
Exterior: NI A
Attached or Detached: N/A
Driveway: GRAVEL
601 Oregon St., Suite B
Oshkosh, WI 54902
www.chschwab.com
ONE STORY, 2 BEDROOMS, 1 FULL BATH
Directions: MURDOCK A VENUE TO MT. VERNON STREET, NORTH TO
ADDRESS.
Remarks: GENEROUS SIZED north side lot. Home should be razed. Foundation
has cracked and bowed and house has only 60 amp service. All offers subject to
approval of Social Security.
Included: NONE
Excluded: PERSONAL PROPERTY OF SELLER NOT LISTED ABOVE
.----
Taxes: $1,087.32 per Treasurer- Year: 2005 -Zoning: R-l
Approx. Lot Size: 55' X 134' per City Assessor - Approx. Age: 50+
Approx. Square Footage: 702 (+/- 10%) - Schools: OSHKOSH
WLS 2.8 #12440 D.A. - Y
IB__~
REAL TOIi- OP'Q~fPHITY
This is not to be considered a solicitation.
I Aii"s I
The information contained on this sheet was provided by the seller
or other third parties and has not been verified unless otherwise indicated.
Dannhoff, Allyn J.
From:
Sent:
To:
Cc:
Subject:
Dannhoff, Allyn J.
Monday, October 08,20078:34 AM
'david .praska@sscglaw.com'
Lorenson, Lynn; Zarate, John F.
2003 Mount Vernon - Jaime Anderson
FYI
Tim McBriar called John Zarate this am to advise he has purchased this property from Jaime Anderson. The closing was
last Friday pm. Mr. McBriar's intent is to Raze the home and build a new home. He has been keeping us posted on his
progress in his effort to purchase. Mr. McBriar tried to purchase the home previously, but the former owners accepted Mr.
Anderson's offer.
It appears Mr. Anderson had second thoughts when getting costs to make the other noted repairs.
Anyway, it appears this will be solved shortly.
Thanks to all.
Allyn
1
Page 10f2
Dannhoff, Allyn J.
From: David Praska [david.praska@sscglaw.com]
Sent: Monday, September 10, 20074:50 PM
To: Zarate, John F.; Dannhoff, Allyn J.
Cc: Lorenson, Lynn
Subject: RE: Jamie Anderson / 2003 Mount Vernon
Based upon the status of this case, I mailed a letter this morning to Attorney Schwab telling her that her clients
need to have something to the City within one week (Lynn and John, you will receive a copy)
After I did this, Attorney Schwab called me twice to discuss this. The end result is, apparently, that Jamie
Anderson is still gathering estimates to fix the house based upon his discussion with Allyn. He supposedly will
have everything together in two weeks at the latest, but hopes to have it ready within one week. She said that he
is not going to spend anymore money on this lawsuit, so if his submission is not approved by the city, they will just
move on and try to recoup some money from the seller.
Please contact me with any questions or problems raised by Mr. Anderson.
Dave Praska
From: Zarate, John F. [mailto:jzarate@ci.oshkosh.wi.us]
Sent: Monday, September 10, 20078:54 AM
To: David Praska; Dannhoff, Allyn J.
Cc: Lorenson, Lynn; Zarate, John F.
Subject: RE: Jamie Anderson / 2003 Mount Vernon
Allyn is off today, but I don't think we have anything. I have been in charge of most of this and I have not seen
anything since we last spoke.
-----Original Message-----
From: David Praska [mailto:david.praska@sscglaw.com]
Sent: Monday, September 10, 20078:54 AM
To: Dannhoff, Allyn J.
Cc: Lorenson, Lynn; Zarate, John F.
Subject: RE: Jamie Anderson / 2003 Mount Vernon
Do you have anything from Mr. Anderson and/or Mr. Wolfgram yet?
Thanks.
Dave Praska
From: Dannhoff, Allyn J. [mailto:adannhoff@ci.oshkosh.wi.us]
Sent: Monday, August 27,20072:09 PM
To: David Praska
Cc: Lorenson, Lynn; Zarate, John F.
Subject: RE: Jamie Anderson / 2003 Mount Vernon
David;
9/11/2007
Page 2 of2
;:"'....
A quick update, Mr. Anderson and Mr. Wolf were in last Wednesday to discuss the property. They
indicated they had not been provided with the list we developed for you earlier. So we gave them that list
and discussed it with them. As of this writing we have not heard from them since last Wednesday. Do you
think you should or could advise their attorney to remind them to gather the necessary cost information and
submit for review in the near future to keep this moving?
Thanks.
Allyn
-----Original Message-----
From: David Praska [mailto:david.praska@sscglaw.com]
Sent: Tuesday, August 21, 2007 4:32 PM
To: Dannhoff, Allyn J.; Alger, Luke
Cc: Lorenson, Lynn
Subject: Jamie Anderson / 2003 Mount Vernon
Per our agreement, Attorney Schwab has asked that the hearing in this matter be taken off the
Court's calendar. I do not know why the Court would not do so.
Jamie Andersqn is supposed to submit a new renovation proposal and building permit application by
the end of the day tomorrow (Wednesday). Hopefully he does, and hopefully it is in compliance with
the law so that this goes away. If things are not working out well with the new application, please let
me know. Also, if Attorney Schwab starts contacting you directly, please let me know that as well.
In the meantime, you have a reprieve from showing up in Court on the 29th to testify about this.
Thank you for your help. Please contact me if you have any questions.
Dave
David J. Praska
Silton, Seifert, Carlson & Gamble, S.C.
331 E. Washington Street
Appleton, Wisconsin 54911
Telephone: (920) 739-2366
Facsimile: (920) 739-8893
l2<;jyi(;LE[?~.?@;:,-s.Ggt<;lW,GQJJJ
Please note: This message and any accompanying attachment is a transmission from the law firm of
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Seifert, Carlson & Gamble, S.C., hereby inform you that any advice contained in this communication
(including any attachments) relative to U.S. federal or state tax matters is not intended or written to
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interest under the Internal Revenue Code, please contact us to discuss the additional work that will
need to be performed.
9/11/2007
-:r:
Page 1 of2
Dannhoff, Allyn J.
From: Dannhoff, Allyn J.
Sent: Wednesday, August 08, 20074:26 PM
To: 'David Praska'
Cc: Lorenson, Lynn; Zarate, John F.
Subject: RE: 2003 Mount Vernon St.
I think we need to get together on this to make sure everyone understands how this office was involved. This
whole thing started (based on my quick recollection) because Anderson wanted a permit to replace the
foundation. This office was advised of the lowered assessment (as a result of the sale to Anderson) and then
made a determination that the building could not be repaired because the cost of the new foundation was
exceeding 50% of the new fair market value of the structure (which I thought was $1000.) Anderson paid (to my
recollection) $19000 and the land was valued at $18000.
John Zarate met Mr. Anderson (or his reps.) on site, because we determined we would allow the new foundation
regardless of cost if the following were met:
1. Is the house structurally sound and safe from a standpoint that if someone wanted to move the house from
this site to another, would we allow the house to be moved?
and
2. Does the house as it sits meet current setbacks or could it be relocated to meet current setbacks.
Based on these two criteria, if the answer to both were yes, then we were going to allow the new basement to be
installed regardless of the 50% issue.
I do believe John Z's inspection revealed some significant framing issues. He will have to enlighten us on those, I
do not recall the specifics.
What is the purpose of the list? While we can (and may have) generated a list, it should not be represented as
being a complete list. As with any remodel or redevelopment project, as walls and ceilings are opened, other
misgivings make their presence known and must be addressed. Seeing Anderson wants a list gives the
impression he will develop a mindset he will only be required to correct/address what is on such a list. This is not
the case and must be conveyed to him.
John;
Please go through your notes and create a list as best you can and forward to David. Please provide any insight
you feel needs to be made.
Thank you.
Allyn
-----Original Message-----
From: David Praska [mailto:david.praska@sscglaw.com]
Sent: Wednesday, August 08, 20072:55 PM
To: Dannhoff, Allyn J.
Cc: Lorenson, Lynn
8/8/2007
Page 2 of2
Subject: 2003 Mount Vernon St.
Jamie Anderson v. City of Oshkosh
Mr. Dannhoff,
I recently spoke with Jamie Anderson's attorney to arrange some depositions. During this conversation,
she asked for a list of things that needed to be repaired in order for the house to be habitable. Has such a
list been compiled? I was forwarded documents, which include John Zarate's Raze Request, and quite a
few photographs of the house which I believe are intended to show all of the problems. I did not see a list
of problems. They are looking for a written list so that they can give it to contractors to get an estimate for
necessary repairs.
This is information that will be necessary to discuss at the hearing on this matter at the end of August. If
you can get such a list to me as quickly as possible, perhaps we can work on getting this to go away.
Attorney Schwab indicated that they are basically preparing to sue the sellers of the house for their failure
to disclose all defects, and that they are apparently suing the City because they think they have to to
mitigate their damages.
You may respond via email or call me with any questions.
Thanks.
Dave
David J. Praska
Silton, Seifert, Carlson & Gamble, S.C.
331 E. Washington Street
Appleton, Wisconsin 54911
Telephone: (920) 739-2366
Facsimile: (920) 739-8893
Q.9Yig-,Era$.!sa@::>2~gJ9..w,gQm
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8/8/2007
STATE OF WISCONSIN
CIRCUIT COURT
BRANCH
WlNNEBAGO COUNTY
JAMIE L. ANDERSON
and
Case No.: 07 C V 713 BR"
Classification Code: 30101
JASON WOLFGRAM
Plaintiffs,
~
Defendant.
F
I
L
E
o
WINNEBi\,GO CO~N;r
CLERK OF COUF\I2..-, ;::
- I'
t I
MAY 2 J 2007 I L
E
-vs-
CITY OF OSHKOSH
CIV1LJFAMILY D1V\SIO[~
D
ORDER REQUIRING HEARING ON
PLAINTIFF'S MOTION FOR TEMPORARY INJUNCTION AND GRANTING
TEMPORARY RESTRAINING ORDER
The above-captioned matter having come on for hearing pursuant to Wis. Stat. ~ 813.02
on the ex parte motion for Ii temporary restraining order filed by the Plaintiffs in the Circuit
Court for Winnebago County, Wisconsin on this !JIg!- day of May, 2007, with the Plaintiffs
appearing by their attorney, Kelly J. Schwab of Kelly 1. Schwab, Attorney At Law, LLC, and
based upon the filed Complaint and verification affidavit,
NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to Wis. Stat. g 813.08
that the defendant, City of Oshkosh appear before the Honorable 1iitJrJ/:f5 ~f M fL-otl/ ),
Circuit Court Judge, ~e Winnebago County Courthouse, atJw a.m@1 on the
doY'" day ofr_ '/l)r .2007, to show cause why a temporary injunction should not be
granted to enjoin the defendants from razing and/or removing the building located at 2003 Mount
Vernon Street, Oshkosh, Wisconsin.
IT IS FURTHER ORDERED that, until the hearing on the motion and order therein,
the defendant City of Oshkosh is enjoined from razing and/or removing the building located at
2003 Mount Vernon Street, Oshkosh, Wisconsin.. .
A copy of this order shall be served on the defendant at least 15- days before the
motion is heard, along with a copy of an authenticated Complaint and verification affidavits.
Page 1 of2
Dated at Oshkosh, Wisconsin this 11 day of May, 2007.
BY THE COURT
Page 2 of2
STATE OF WISCONSIN
CIRCUIT COURT
BRANCH
WlNNEBAGO COUNTY
JAMIE L. ANDERSON
and
7 V 712 BRt
Case No.: 0 C :J
Classification Code: 30101
JASON WOLFGRAM
Plaintiffs,
VVINNEBAGO COUNlY' --I
i CLERl< OF CO_"RTS I;
L MAY 2 I 2007 I L
E E
D 0
ClVfLlFAMIL Y DIVISION
-vs-
CITY OF OSHKOSH
Defendant.
PLAINTIFF'S NOTICE OF MOTION
AND MOTION FOR TEMPORARY INJUNCTION
TO: All Parties
PLEASE TAKE NOTICE that the plaintiffs, Jamie L. Anderson and Jason Wolfgram,
by their attorney, Kelly J. Schwab, of Kelly J. Schwab, Attorney At Law, ~lt~~ll move the
Circuit Court for Winnebago County, Wisconsin, on the (Jf) i:!i day of~~-2007, at <2}00
o'clock a.m.l@pursuantto Wis. Stat ~ 813.02 (1) for an order enjoining defendant, City of
Oshkosh, from razing or removing the building located at 2003 Mount Vemon Street, Oshkosh,
Wisconsin.
This motion is supported by the Complaint, Affidavit of the plaintiff, and all papers on
file with the Court.
Dated at Oshkosh, Wisconsin this)l w.day of May, 2007.
KELLY J.SCHWAB,ATTORNEY ATLAW;LLC
Attorneys for Plaintiffs
B
Page 1 of2
ADDRESS:
601 Oregon Street, Suite B
P.O. Box 2325
Oshkosh, Wisconsin 54903-2325
Telephone: (920) 230-4582
Page 2 of2
STATE OF WISCONSIN
CIRCUIT COURT
BRANCH
WINNEBAGO COUNTY
JAMIE L. ANDERSON
and
07CV 713 BRi
Case No.:
Classification Code: 30101
JASON WOLFGRAM
Plaintiffs,
WI~'JNEB!-(Gi5COUNTY -!
C' r=R'I<. OF COURTS ~
,-- .. -~ r
I I
MAY 2 I 2007 JI ~
.' D
CIVIL/FAMILY D1V1SIOi-.l
-vs-
CITY OF OSHKOSH
Defendant.
MOTION FOR EX PARTE RESTRAINING ORDER
Plaintiffs, Jamie L. Anderson and Jason Wolfgram, by their attorney, Kelly J. Schwab of
Kelly J. Schwab, Attorn. '"Y At ~ LLC, will move the Circuit court, for Winnebago County,
Wisconsin, the Honorable \lu Thomas 612l tb:J, presiding, pursuant to Wis. Stat. S
813.02 (1) for a temporary restr. g order enjoining and requiring the defendant, City of
Oshkosh, from razing and/or removing the building located at 2003 Mount Vernon Street,
Oshkosh, Wisconsin.
This motion is supported by the Complaint and Affidavit of Jamie L. Anderson.
i1t
Dated at Oshkosh, Wisconsin this 11 i:lay of May, 2007.
KELLY J.SCHWAB,ATTORNEY ATLAW,LLC
Attorneys for Plaintiffs
ADDRESS:
601 Oregon Street, Suite B
P.O. Box 2325
Oshkosh, Wisconsin 54902
Telephone: (920) 230-4582
Page 1
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-271
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-272
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-273
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-274
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-275
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-276
Violation(s) of at
Taken by John Zarate
2003 Mount Vernon 3-277
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-278
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-279
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-2710
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-2711
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-2712
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-2713
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-2714
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-2715
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-2716
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-2717
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-2718
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-2719
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-2720
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-2721
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon 3-2722
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-281
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-282
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-283
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-284
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-285
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-286
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-287
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-288
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-289
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-2810
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-2811
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-2812
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-2813
Violation(s) at 2003 Mount Vernon St
Taken by John Zarate
2003 Mount Vernon Interior 3-2814
Violation(s) at 2003 Mount Vernon
Taken by John Zarate
2003 Mount Vernon Interior 3-2815