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HomeMy WebLinkAboutLetter-Results of Fire i. Cf) OJHKOfH City of Oshkosh Division ofInspection Services 215 Church AvenUe PO Box 1130 Oshkosh WI 54902-1130 ON THE WATER August 16, 2007 Anjishnu Roy 1325 Westhaven Dr Oshkosh WI 54904 Re: Fire at 1325 Westhaven Dr Based on the estimate of repairs from Packer Valley Builders dated 8-8-2007 I am unable to issue a building permit to allow this structure to be repaired. This decision is based on State Statute 66.0413(1)(c) that refers to the reasonableness of repair. From the estimate submitted the cost to repair this structure exceeds 50% of the assessed value of the structure therefore requiring the structure to be razed. Please feel free to contact me with any questions you may have. If your intention is to rebuild please contact me S? I can mail you the required paperwork that will be required when submitting for a building permit. S...incerelY, J~ N,'W-01UY '---.::::> Nicole Krahn City of Oshkosh Building Systems Inspector 920-236-5036 nkrahn@ci.oshkosh.wi.us -' Electronic reproduction of2005-06 Wis. Stats. database, updated and current through May 31, 2007 and 2007 Wis. Act 14. 39 Updated 05-06 Wis. Stats. Database Not certified under s. 35.18 (2), stats. charged with the violation and the sound-producing device may not be easily removed from the vehicle. Upon removal of the sound-producing device, an impounded vehicle shall be returned to its rightful owner. (b) The ordinance under par. (a) may provide for recovery by the city, village, town or county of the cost of impounding the sound-producing device and, if a vehicle is impounded, the cost of impounding the vehicle and removing the sound-producing device. The ordinance under par. (a) shall provide that, upon dis- position of the forfeiture action for the violation of s. 346.94 (16) or a local ordinance in strict confonnity with s. 346.94 (16) or any other local ordinance prohibiting excessive noise and payment of any forfeiture imposed, the sound-producing device shall be returned to its rightful owner. (c) The city, village, town or county may dispose of any impounded sound-producing device or, following the procedure for an abandoned vehicle under s. 342.40, any impounded vehicle which has remained unclaimed for a period of 90 days after dis- position of the forfeiture action. (d) This subsection does not apply to a radio, electric sound amplification device or other sound-producing device on a motorcycle. (2) (a) Notwithstanding sub. (1m), any city, village, tOWn or county may, by ordinance, authorize a law enforcement officer, at the time of issuing a citation for a violation of s. 346.94 (16) or a local ordinance in strict confonnity with s. 346.94 (16) or any other local ordinance prohibiting excessive noise, to seize any radio, electric sound amplification device or other sound-produc- ing device used in the commission of the violation if the person charged with such violation is the owner of the radio, electric sound amplification device or other sound-producing device and has 3 or more prior convictions within a 3-year period of s. 346.94 (16) or a local ordinance in strict conformity with s. 346.94 (16) or any other local ordinance prohibiting excessive noise. (b) The ordinance under par. (a) may provide for impoundment of a vehicle for not more than 5 working days to permit the city, village, town orcounty or its authorized agent to remove the radio, electric sound amplification device or other sound-producing device if the vehicle is owned by the person charged with the violation and the sound-producing device may not be easily removed from the vehicle. Upon removal of the sound-producing device, an impounded vehicle shall be returned to its rightful owner upon payment of the reasonable costs of impounding the vehicle and removing the sound-producing device. (c) The ordinance under par. (a) shall include provisions that treat any seized sound-producing device in substantially the man- ner provided in ss. 973.075 (3),973.076 and 973.077 for property realized through the commission of any crime, except that the sound-producing device shall remain in the custody of the appli- cable law enforcement agency; a district attorney or city, village or town attorney, whichever is applicable, shall. institute the forfei- ture proceedings; and, if the sound-producing device is sold by the law enforcement agency, all proceeds of the sale shall be retained by the applicable city, village, town or county. (d) The city, village, town or county may, following the proce- dure for an abandoned vehicle under s. 342.40, dispose of any impounded vehicle which has remained unclaimed for a period of 90 days after disposition of the forfeiture action. (e) This subsection does not apply to a radio, electric sound amplification device or other sound-producing device on a motorcycle. . History: 1995 a. 373; 1999 a. 150 s. 613; Stats. 1999 s. 66.0411. 66.0413 Razing buildings. (1) AUTHORITY AND PROCE- DURE. (a) Definitions. In this subsection: 1. "Building" includes any building or structure or any por- tion of a building or structure. MUNICIPAL LAW 66.0413 2. "Raze a building" means to demolish and remove the build- ing and to restore the site to a dust-free and erosion-free condi- tion. (b) Raze order. The governing body, building inspector or other designated officer of a municipality may: 1. If a building is old, dilapidated or out of repair and conse- quently dangerous, unsafe, 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 the owner to either make the building safe and sanitary or to raze the building, afthe owner's option. 2. If there has been a cessation of normal construction of a building for a period of more than 2 years, order the owner of the building to raze the building. (br) Notice of unfitness for occupancy or use; penalty: 1. If a building subject to an order under par. (b) is unsanitary and unfit for huplan habitation, occupancy or use and is not in danger of structural collapse, the building inspector or other designated offi- cer shall post a placard on the premises containing the following notice: "This Building May Not Be Used For Human Habitation, Occupancy or Use." The building inspector or other designated officer shall prohibit use of the building for human habitation, occupancy or use until necessary repairs have been made. 2. Any person who rents, leases or occupies a building which has been condemned for human habitation, occupancy or use under subd. I. shall be fined not less than $5 nor more than $50 or imprisoned not more than 30 days for each week of the viola- tion, or both. (c) Reasonableness of repair; presumption. Except as pro- vided in sub. (3), if a municipal governing body, building inspec- tor or designated officer determines that the cost of repairs of a building described in par. (b) 1. would exceed 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 of revenue for the municipality within which the building is located, the repairs are presumed unreasonable for purposes of par. (b) 1. (d) Service of order. An order underpar. (b) shall be served on the owner of record of the building that is subject to the order or on the owner's agent if the agent is in charge of the building in the same manner as a summons is served in circuit court. An order under par. (b) shall be served on the holder of an encumbrance of record by I st class mail at the holder's last-known address and by publication as a class I notice under ch. 985. If the owner and the owner's agent cannot be found or if the owner is deceased and an estate has not been opened, the order may be served by.posting it on the main entrance of the building and by publishing it as a class 1 notice under ch. 985 before the time limited in the order begins to run. The time limited in the order begins to run from the date of service on the owner or owner's agent or, if the owner and agent cannot be found, from the date that the order was posted on the building. (e) Effect of recording order. If a raze order issued under par. (b) is recorded with the register of deeds in the county in which the building is located, the order is considered to have been served, as of the date the raze order is recorded, on any person claiming an interest in the building or the real estate as a result of a conveyance from the owner of record unless the conveyance was recorded before the recording of the raze order. (t) Failure to comply with order; razing building. An order. under par. (b) shall specify the time within which the owner of the building is required to comply with the order and shall specify repairs, if any. If the owner fails or refuses to comply within tIle time prescribed, the building inspector or other designated officer may proceed to raze the building through any ava.ilable public agency or by contract or arrangement with private persons, or to secure the building and, if necessary, the property on which the Text from the 2005-06 Wis. Stats. database updated by the Revisor of Statutes. Only printed statutes are certified under s. 35.18 (2), stats. Statutory changes effective prior to 6-2-07 are printed as if currently in effect. Statutory changes effective on' or after 6-2-07 are designated by NOTES. Report errors at (608) 266-2011, FAX 264-6978, http://www./egis.state.wi.uslrsb/