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Home My WebLink About13398-Building/Property Maintenance (12/18/2007) C O V E R City of Oshkosh Inspection Services Division 215 Church Ave., PO Box 1130 Oshkosh WI 54901 920- 236 -5050 S H E E T Fax: 920-236-5084 Date: 2 /Z8 /o$ TO: bA'iAz) ry ItC (L5tA1Pc Fax #: (g97) 546 -6309 FROM: / t r j Sri. Phone #: Fax #: Pages: .3 including this cover sheet. If you do not receive all pages, please call back as soon as possible. COMMENTS: CITY HALL Inspection Services Div 215 Church Avenue DO Box 1130 City of Oshkosh Oshkosh WI 54902 -1130 OIHKOIH ON THE WATER Date: February 28, 2008 Re: Open Correction Notice for 907 Frederick St in Oshkosh, WI David, As I stated in the message that I left for you, there are still several items that need to be addressed before the Correction Notice can be closed. Here is a detailed list of what still needs to be done: 1. The electrical that was installed in the closet on the lower level needs to be properly installed by an electrician. 2. The open framing in the closet needs to be finished off (drywalled). 3. The open electrical box in the kitchen ceiling must be properly capped off if you do not intend to have a new fixture installed. The area around the electrical box needs to be filled in with drywall and finished off. 4. All open sockets on light fixtures need to have light bulbs installed. 5. Some wall and ceiling areas in the bathroom upstairs need to be scraped patched and painted. 6. The drawer in the cabinet in the bathroom needs to be repaired. When I spoke with Elizabeth at the re- inspection, she indicated to me that to her knowledge you had not contacted a pest control company to address the cockroach problem that they were having. She told me that as of 2/22/08 they were still seeing them. It was my understanding that the other tenants in the building were causing the problem by storing their garbage in the basement. Have you contacted an exterminator to take a look at the situation? I am also including a copy of the disclosure requirements from ATCP 134. Since you are out of Illinois I didn't know if you are familiar with the requirements in Wisconsin or not. Please let me know or have your maintenance person let me know when the remaining repairs have been completed and I will set up a re- inspection. If you have further questions or concerns please contact me. The best time to reach me is during my office hours 7:30 — 8:30 am and 12:30 — 1:30 pm Monday — Friday at 236 -5137 or if you wish, e -mail me at aprickett@ci.oshkosh.wi.us Thank you for your attention to these matters. Respectfully, Andrew Prickett City of Oshkosh Property Maintenance Inspector ATCP 134.03 WISCONSIN ADMINISTRATIVE CODE 790 Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page. before a rental agreement is entered into, and before any earnest injury as a result of any reasonably foreseeable use of the premises money or security deposit is accepted from the prospective tenant. other than negligent use or abuse of the premises by the tenant. Copies shall be given to the tenant at the time of agreement. 5. The dwelling unit is not served by plumbing facilities in (2) RECEIPTS FOR TENANT PAYMENTS. (a) Immediately upon good operating condition. accepting any earnest money or security deposit, the landlord 6. The dwelling unit is not served by sewage disposal facili- shall provide the tenant or prospective tenant with a written ties in good operating condition. receipt for the deposit, stating the nature of the deposit and its (3) UTILITY CHARGES. If charges for water, heat or electricity amount. A receipt is not required where payment is made by check are not included in the rent, the landlord shall disclose this fact to bearing a notation describing the purpose for which it was given, the tenant before entering into a rental agreement or accepting any unless requested by the tenant. earnest money or security deposit from the prospective tenant. If (b) If a tenant pays rent in cash, the landlord upon receiving the individual dwelling units and common areas are not separately cash payment shall provide the tenant with a written receipt stat- metered, and if the charges are not included in the rent, the land- ing the nature and amount of the payment. A landlord is not lord shall disclose the basis on which charges for utility services required to provide a receipt for rent payments made by check. will be allocated among individual dwelling units. History: Cr. Register, February, 1980, No. 290, eff. 5 -1 -80; renum. (2) to be (2) Note: A sample form which landlords may use to make the disclosures required (a), cr. (2) (b), Register, December, 1998, No. 516, eff. 1 -1 -99. under s. ATCP 134.04 is contained in the department publication, "Landlords and Tenants — The Wisconsin Way." You may obtain a copy of this publication by calling ATCP 134.04 Disclosure requirements. (1) IDENTIFI- the department's toll -free Consumer Hotline, 1- 800 -422 -7128, or by sending a written request to: CATION OF LANDLORD OR AUTHORIZED AGENTS. (a) The landlord Division of Trade and Consumer Protection shall, except as provided under par. (c), disclose to the tenant in Department of Agriculture, Trade and Consumer Protection writing, at or before the time a rental agreement is entered into, the 2811 Agriculture Drive P.O. Box 8911 name and address of: Madison, WI 53708 -8911 1. The person or persons authorized to collect or receive rent History: Cr. Register, February, 1980, No. 290, eff. 5 -1 -80; am. (1) (b), (2) (b) 1. and 2., cr. (2) (b) 5. and 6., Register, December, 1998, No. 516, eff 1 -1 99. and manage and maintain the premises, and who can readily be contacted by the tenant; and ATCP 134.05 Earnest money deposits and credit 2. The owner of the premises or other person authorized to check fees. (1) ACCEPTING AN EARNEST MONEY DEPOSIT. A accept service of legal process and other notices and demands on landlord may not accept an earnest money deposit or security behalf of the owner. The address disclosed under this subdivision deposit from a rental applicant until the landlord identifies to the shall be an address within the state at which service of process can applicant the dwelling unit or units for which that applicant is be made in person. being considered for tenancy. (b) A landlord shall keep tenants informed of changes, if any, Note: A credit check fee authorized under sub. (4) is not an "eamest money in the information required under par. (a). The landlord shall mail deposit" or a "security deposit." See definition of "earnest money deposit" under s. or deliver written notice of each change within 10 business days ATCP 134.02(3). after the change occurs. (2) REFUNDING OR CREDITING AN EARNEST MONEY DEPOSIT. (a) A landlord who receives an earnest money deposit from a rental (c) This subsection does not apply to an owner — occupied applicant shall send the full deposit to the applicant by first —class structure containing no more than 4 dwelling units. mail, or shall deliver the full deposit to the applicant, by the end —p (2) CODE VIOLATIONS AND CONDITIONS AFFECTING HABITABIL- of the next business day after any of the following occurs: rrY. Before entering into a rental agreement or accepting any ear- 1. The landlord rejects the rental application or refuses to nest money or security deposit from the prospective tenant, the enter into a rental agreement with the applicant. landlord shall disclose to the prospective tenant: 2. The applicant withdraws the rental application before the (a) All uncorrected building and housing code violations of landlord accepts that application. which the landlord has received notice from code enforcement 3. The landlord fails to approve the rental application by the authorities, and which affect the individual dwelling unit and end of the third business day after the landlord accepts the appli- common areas of the premises. Disclosure shall be made by cant's eamest money deposit, or by a later date to which the tenant exhibiting to the prospective tenant those portions of the building agrees in writing. The later date may not be more than 21 calendar and housing code notices or orders which have not been fully days after the landlord accepts the earnest money deposit. complied with. Code violations shall not be considered corrected (b) A landlord who receives an earnest money deposit from a until their correction has been reported to code enforcement rental applicant shall do one of the following if the landlord enters authorities. into a rental agreement with that applicant: (b) The following conditions affecting habitability, the exis- 1. Apply the earnest money deposit as rent or as a security tence of which the landlord knows or could know on basis of rea- deposit. sonable inspection, whether or not notice has been received from 2. Return the earnest money deposit to the tenant. code enforcement authorities: 1. The dwelling unit lacks hot or cold running water. (c) A person giving an earnest money deposit to a landlord does not waive his or her right to the full refund or credit owed 2. Heating facilities serving the dwelling unit are not in safe under par. (a) or (b) merely by accepting a partial payment or operating condition, or are not capable of maintaining a tempera- credit of that amount. ture, in all living areas of the dwelling unit, of at least 67° F (19° (3) WITHHOLDING AN EARNEST MONEY DEPOSIT. (a) A landlord C) during all seasons of the year in which the dwelling unit may may withhold from a properly accepted earnest money deposit if be occupied. Temperatures in living areas shall be measured at the the prospective tenant fails to enter into a rental agreement after approximate center of the room, midway between floor and ceil- being approved for tenancy, unless the landlord has significantly ing. altered the rental terms previously disclosed to the tenant. 3. The dwelling unit is not served by electricity, or the electri- (b) A landlord may withhold from an earnest money deposit, cal wiring, outlets, fixtures or other components of the electrical under par. (a), an amount sufficient to compensate the landlord for system are not in safe operating condition. actual costs and damages incurred because of the prospective ten - 4. Any structural or other conditions in the dwelling unit or ant's failure to enter into a rental agreement. The landlord may not premises which constitute a substantial hazard to the health or withhold for lost rents unless the landlord has made a reasonable safety of the tenant, or create an unreasonable risk of personal effort to mitigate those losses, as provided under s. 704.29, Stats. Register, November, 2006, No. 611 1 0 2 -12 -2008 15:27 PAGE1 Law Offices of David P. Mierswa & Associates, P.C. Office & Mailine Address: 8831 -33 Gross Point Road, Suite 205, Skokie, IL 60077 Offices by Appointment : Schaumburg & Wheeling Tcl: (847) 566 -6294 • (;ell: 847-899-8734 • Fax: (847) 566 -6304 Email: LAWYERLLLL @A01 -COM Website: W W W.ADVICELAW.NET FACSIMILE COVER SIIEET PERSONAL AND CONFIDENTIAL Date: February 12, 2008 To: Andrew Prickett. From: David P. Mierswa 920 -236 -5084 Attorney at Law Re: 907 Fredrick, Oshkosh, WI Number of Sheets (Including cover sheet): 1 Dcar Andrew Prickett: With respect to 907 Fredrick St., Oshkosh, WI 99% of the repairs have been completed. Some minor painting has to be done, but all items on your list have been repaired. Please contact the tenants to verify all repairs have been completed_ Please contact me if you have any questions or need any further information. ' ' ccrcly, - ...-- - f, sifr-------- David P. Mierswa Attorney at Law IMPORTANT: This facsimile transmission is intended only for the use of the individual or entity to which it is addressed and may contain intbrmation that is privileged, confidential, or exempt fnni disclosure under applicable law. lithe reader of this message is not the inlentic d recipient, you arc hereby notified that any dissemination. distribution, or copying of this uommunic lion is strictly prohibited. If you have received this cammtmiCation in error, please codify us immediately by telephone and rctum the original to us at the above address via the Unitcd States Postal Savicc. Thank you for assistance. .......... 0. L. 907 Frederick — re-inspection 907 Frederick — re- inspection B 22 2008 907 Frederick — re- inspection 907 Frederick — re- inspection F F _ FEB 22 2008 0- Vol om FEB 22 20016 907 Frederick — re-inspection 907 Frederick — re- inspection t. 1 -22 -2008 15:01 PAGE1 Law Offices of David P. Mierswa & Associates, P.C. Office & Mailing Address: 8831 -33 Gross Point Road, Suite 205, Skokie, TT. 60077 Offices by Appointment : Schaumburg & Wheeling Tel; (847) 566 -6294 • Cell: 847- 899 -8734 • Fax: (847) 566 -6304 Email: LAWYERLLLL@AOL.COM Website: WWW.ADVICELAW.NET FACSIMILE COVER SHEET PERSONAL AND CONFIDENTIAL Date: January 22, 2008 To: Andrew Prickett From: David P. Mierswa 920- 236 -5084 Attorney at Law Re: 907 Fredrick, Oshkosh, WI Number of Sheets (Including cover sheet): 1 Dear Andrew Prickett: Please find updated information with respect to the code violations with the above referenced property. The tenants living in said unit will not allow us in the subject property to make and effect the repairs. We will keep trying to effect repairs and will update you accordingly. 22Z4? ,4 L David P. Mierswa Attorney at Law IMPORTANT; AN'I ; This facsimile transmission is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, or exempt from disclosure under applicable law. If the reader of this message is and the intended recipient, you are hereby notified that any dissemination. distribution, or copying of this communication is strictly pmhibited. If you have received this communication in emir, please notify us immediately by telephone and return thc original to us at thc above address via the United States Postal Service. Thank you for assistance. 11 0 1 -15 -2008 17:28 PAGE1 Law Offices or David P. Mierswa & Associates, P.C. Office & Mailing Address: 8831 -33 Gross Point Road, Suite 205, Skokie, iL 60077 Offices by Appointment : Schaumburg & Wheeling Tel: (847) 229 -8734 • Cell: 847 -899 -8734 • Fax: (847) 229 -8718 Email: LAWYERLLLL@AOL.COM Website: WWW.ADV10ELAW.NET FACSIMILE COVER SHEET PERSONAL AND CONFIDENTIAL Date: January 15, 2008 To: Andrew Prickett From: David P. Mierswa 920- 236 -5084 Attorney at Law Re: 907 Fredrick issue date 12 -18 -2007 Number of Sheets (Including cover sheet): 1 Dear Andrew Prickett: I am in receipt of your correction notice dated 12- 18 -07. 1 am in the process of bringing everything into compliance. 1 will give you an update in a week or so with respect to the progress that I have made. Thank you, and please call my office at 847 -566 -6294 if you have any questions or concerns. S' ly, . At,A David P. Micrswa Attorney at Law iMPORTANI This facsimile transmission is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential. or exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any disseminati<m, distribution, or copying of this communication is strictly prohibited. lfyou have received this communication in error. please notify us immediately by telephone and return the original to us at the above address via the linked States Postal Service. Thank you for assistance. Page 1 of 1 Prickett, Andrew J. From: Elizabeth Figueroa [spidara4 @yahoo.com] Sent: Monday, January 14, 2008 6:36 PM To: aprickett @ci.oshkosh.wi.us Subject: Inspection for 907 Frederick st (Hi) Hi Andrew, As you may know my landlord David P. Mierswa is trying to evict us about two weeks after you came to inspect the premises. I am attending a hearing at the city circuit court on Janurary 23 2008 @10:00 am. I am writing to ask if I could have a copy of the ticket you wrote to our landlord and any notes to help us win the case. He states he didin't know about anything and said he never recieved emails but i have the responses to them (Yes ,I found them.) . I don't want to live here antmore but need to stay until we find an apartment. Any help at this point would be great. If you could also state the condition of how my family lives as he is trying to sue us for 4525.00 I don't know for what but, I sent him pics as he asked and know am wondering if he is tring to get us to pay for the issues in the home which isn't so hard to fix as you even stated. Also he still hasn't fixed anything and he refuses to pay for an exterminator as the price is ridiculous as he states. Thank you for everything, Sincerely, Elizabeth Figueroa and Peter Yee Never miss a thing. Make Yahoo your homepage._ 1/15/2008 - r - I i C� I Photo is for address verification only. Violation(s) of MUN 16- 34A(3)(a) at 907 Frederick St � 4 1 s r h Violations) of MLTN 16- 34A(3)(a) at 907 Frederick St Violations) of MLTN 16- 34A(3)(a) & 16- 37A(5) at 907 Frederick St DEC 14 2007 a 1 r DEC 14 2007 Violation(s) of MLTN 16- 35A(1)(a) & 16- 33A(7) at 907 Frederick St 0 i , A - t Violation(s) of MLTN 16- 35A(1)(a) at 907 Frederick St Violations) of MLTN 16- 34A(3)(a) at 907 Frederick St Violations) of MLTN 16- 35A(1)(a) at 907 Frederick St i w