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HomeMy WebLinkAboutLetter - 1/15/1998 !';~i "" ~ CITY HALL 215 Church Avenue P. O. Box 1130 Oshkosh, Wisconsin 54902-1130 City of Oshkosh ~ OJHKOJH City Attorney's Office Phone: (920) 236-5115 Fax: (920) 236-5090 January 15, 1998 Atty Gary R. Yakes Y AKES, BAUER, KINDT & PHILLIPS SC 141 N. Sawyer Street Oshkosh, WI 54902-1338 RE: Frontenac/Washington Apartments Dear Gary: Thank you for your confirmation letter which accurately reflects the understanding to resolve the above matters. We truly appreciate your good efforts to reach this result. On the Frontenac Building, one-day forfeitures on the municipal summonses are $147.50. You are correct that the fifth violation is a general citation, which the city is willing to dismiss with prejudice. For each of the four remaining summonses, whose return dates are January 21, a one-day forfeiture for a no-contest plea to one count on each summons is agreeable with the balance of the counts being dismissed without prejudice. As to the Washington building, one-day forfeitures for each summons is proposed with the remaining counts being dismissed without prejudice. While the City does not expect to revisit the dismissed counts, we believe it appropriate to maintain that option should your clients not follow through--an event none of us anticipate. A written stipulation can eliminate the need for any appearances on January 21. Given the limited time frame, I took the liberty of preparing one which you and your clients can sign and file directly with the court if the agreement meets with your approval. Please contact me with any questions. Thank you very much. Sincerely, CITY OF OSHKOSH Warren P. Kraft City Attorney ,.,. $'l'f .~ .. '-e ~ ;' ~~ ~ STATE OF WISCONSIN CIRCUIT COURT WINNEBAGO COUNTY CITY OF OSHKOSH, Plaintiff, vs. THOMAS BRINKMAN, STIPULATION Case Nos. 97 FO 4974---4978 Case Nos. 97 FO 5091---5094 Respondent. IT IS HEREBY STIPpLATED and agreed to, by and between the parties below and their respective counsel, that upon the defendant's pleas of no contest to the above matters, the Court may enter judgment as entered below. Dated this day of January, 1998. CITY OF OSHKOSH Warren P. Kraft City Attorney Thomas Brinkman Order for Judgment and ;Judgment JUDGMENT IN THE ABOVE MATTERS IS ENTERED AS FOLLOWS: 1. As to Case No. 97-FO-04974, that the defendant, Thomas Brinkman, is adjudged guilty of one count of noncompliance with the Oshkosh Code, i.e. failure to repair/repaint exterior at 132-140 High/309 Brown, as ordered, violating Section 18-79.1A of the Oshkosh Municipal Code and shall forfeit $50 plus costs, or $147.50, sixty days to payor loss of driving privileges. The remaining counts are dismissed without prejudice. 1 . ~ ~ J~ 2. That Case No. 97-FO-04975 is dismissed with prejudice. 3. As to Case No. 97-FO-04976, that the defendant, Thomas Brinkman, is adjudged guilty of one count of noncompliance with the Oshkosh Code, i.e. failure to repair/replace guardrails on exterior basement stairwell at 132-140 High/309 Brown, as ordered, violating Section 16-33A(6)of the Oshkosh Municipal Code and shall forfeit $50 plus costs, or $141.50, sixty days to payor loss of driving privileges. The remaining counts are dismissed without prejudice. 4. As to Case No. 97-FO-04977, that the defendant, Thomas Brinkman, is adjudged guilty of one count of noncompliance with the Oshkosh Code, i.e. failure to repair/replace windows at 132-140 High/309 Brown, as ordered, violating Section 16-35A(1)c of the Oshkosh Municipal Code and shall forfeit $50 plus costs, or $141.50, sixty days to payor loss of driving privileges. The remaining counts are dismissed without prejudice. 5. As to Case No. 97-FO-04978, that the defendant, Thomas Brinkman, is adjudged guilty of one count of noncompliance with the Oshkosh Code, i.e. failure to install serviceable screens at 132- 140 High/309 Brown, as ordered, violating Section 16-34A(2)c of the Oshkosh Municipal Code and shall forfeit $50 plus costs, or $141.50, sixty days to payor loss of driving privileges. The remaining counts are dismissed without prejudice. 6. As to Case No. 97-FO-05091, that the defendant, Thomas Brinkman, is adjudged guilty of one count of noncompliance with the Oshkosh Code, i.e. failure to repair/replace windows at 414 Washington, as ordered, violating Section 16-35A(1)c of the Oshkosh Municipal Code and shall forfeit $50 plus costs, or $141.50, sixty days to payor loss of driving privileges. 7. As to Case No. 97-FO-05092, that the defendant, Thomas Brinkman, is adjudged guilty of one count of noncompliance with the Oshkosh Code, i.e. failure to repair/install windows at 414 Washington, as ordered, violating Section 16-34A(2)c of the Oshkosh Municipal Code and shall forfeit $50 plus costs, or $141.50, sixty days to payor loss of driving privileges. 8. As to Case No. 97-FO-05093, that the defendant, Thomas Brinkman, is adjudged guilty of one count of noncompliance with the Oshkosh Code, i.e. renting living unit without correctly issued 2 ~ ~~ orders and allowing occupancy at 414 Washington, violating Section 16-35A(6) of the Oshkosh Municipal Code and shall forfeit $50 plus costs, or $141.50, sixty days to payor loss of driving privileges. 9. As to Case No. 97-FO-05094, that the defendant, Thomas Brinkman, is adjudged guilty of one count of noncompliance with the Oshkosh Code, i.e. failure to maintain rental property in accordance with Oshkosh codes 414 Washington, as ordered, violating Section 16-37A(1) of the Oshkosh Municipal Code and shall forfeit $50 plus costs, or $141.50, sixty days to payor loss of driving privileges. Dated this day of January, 1998. BY 3