LRB-2141/2
RPN:jld:nwn
2007 - 2008 LEGISLATURE
January 10, 2008 - Introduced by Representatives Mursau, Berceau, Hahn,
Molepske, A. Ott and
Petrowski. Referred to Committee on Urban and Local
Affairs.
AB673,1,3
1An Act to amend 823.23 (1) (e), 823.23 (2) (a), 823.23 (2) (b) (intro.), 823.23 (2)
2(d), 823.23 (2) (h) 2., 823.23 (6) (b) 1. and 823.23 (7) (c) 2. of the statutes;
3relating to: receivership for abatement of residential nuisances.
Analysis by the Legislative Reference Bureau
Under current law, if a residential property located in a first or second class city
is alleged to be a nuisance, the city may apply to the circuit court for the appointment
of a receiver to remove, suspend, or correct the nuisance. Currently, a receiver
appointed by the court may take possession of the property, charge and collect rents,
negotiate contracts regarding the property, pay property taxes, and abate the
nuisance.
This bill allows all cities, villages, and towns, not just first and second class
cities, to apply to the circuit court for the appointment of a receiver to take possession
of the property and have all of the powers currently available to first and second class
cities.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB673, s. 1
4Section
1. 823.23 (1) (e) of the statutes is amended to read:
AB673,2,35
823.23
(1) (e) "Residential property" means land, together with all the
6improvements erected on the land, that is located in a
1st or 2nd class city
, village,
1or town and used or intended to be used for residential purposes, including
2single-family, duplex, and multifamily structures, and mixed-use structures that
3have one or more residential units.
AB673, s. 2
4Section
2. 823.23 (2) (a) of the statutes is amended to read:
AB673,2,85
823.23
(2) (a) If a residential property is alleged to be a nuisance under this
6chapter or s. 254.595, the
1st or 2nd class city
, village, or town in which the property
7is located may apply to the circuit court for the appointment of a receiver to abate the
8nuisance.
AB673, s. 3
9Section
3. 823.23 (2) (b) (intro.) of the statutes is amended to read:
AB673,2,1510
823.23
(2) (b) (intro.) At least 60 days before filing an application for the
11appointment of a receiver under par. (a), the
1st or 2nd class city
, village, or town 12shall give written notice by 1st class mail to all owners, owner's agents, and
13interested parties at their last-known address of the intent to file the application and
14by publication as a class 1 notice under ch. 985. The notice shall include all of the
15following information:
AB673, s. 4
16Section
4. 823.23 (2) (d) of the statutes is amended to read:
AB673,2,2117
823.23
(2) (d) A city
, village, or town may not apply for the appointment of a
18receiver under this subsection if an interested party has commenced and is
19prosecuting in a timely fashion an action or other judicial or administrative
20proceeding to foreclose a security interest on the residential property, or to obtain
21specific performance of, or forfeit, the purchaser's interest in a land contract.
AB673, s. 5
22Section
5. 823.23 (2) (h) 2. of the statutes is amended to read:
AB673,2,2523
823.23
(2) (h) 2. A nonprofit corporation, the primary purpose of which is the
24improvement of housing conditions within the city
, village, or town in which the
25property is located.
AB673, s. 6
1Section
6. 823.23 (6) (b) 1. of the statutes is amended to read:
AB673,3,42
823.23
(6) (b) 1. The city
, village, or town gave the holder of the purchase money
3security interest and any vendee, mortgagor, or grantor under such purchase money
4security interest the notice under sub. (2) (b).
AB673, s. 7
5Section
7. 823.23 (7) (c) 2. of the statutes is amended to read:
AB673,3,76
823.23
(7) (c) 2. That the improvements on the property have been demolished
7by the
1st or 2nd class city
, village or town.
