2009 WISCONSIN ACT
125
An Act
to amend
823.23 (1) (e), 823.23 (2) (a), 823.23 (2) (b) (intro.), 823.23 (2) (d), 823.23 (2) (h) 2., 823.23 (6) (b) 1. and 823.23 (7) (c) 2. of the statutes;
relating to:
receivership for abatement of residential nuisances.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
823.23 (1) (e) of the statutes is amended to read:
823.23
(1)
(e) "Residential property" means land, together with all the improvements erected on the land, that is located in a
1st or 2nd class
city
, village, or town
and used or intended to be used for residential purposes, including single-family, duplex, and multifamily structures, and mixed-use structures that have one or more residential units.
Section
2
.
823.23 (2) (a) of the statutes is amended to read:
823.23
(2)
(a) If a residential property is alleged to be a nuisance under this chapter or s. 254.595, the
1st or 2nd class
city
, village, or town
in which the property is located may apply to the circuit court for the appointment of a receiver to abate the nuisance.
Section
3
.
823.23 (2) (b) (intro.) of the statutes is amended to read:
823.23
(2)
(b) (intro.) At least 60 days before filing an application for the appointment of a receiver under par. (a), the
1st or 2nd class
city
, village, or town
shall give written notice by 1st class mail to all owners, owner's agents, and interested parties at their last-known address of the intent to file the application and by publication as a class 1 notice under ch. 985. The notice shall include all of the following information:
Section
4
.
823.23 (2) (d) of the statutes is amended to read:
823.23
(2)
(d) A city
, village, or town
may not apply for the appointment of a receiver under this subsection if an interested party has commenced and is prosecuting in a timely fashion an action or other judicial or administrative proceeding to foreclose a security interest on the residential property, or to obtain specific performance of, or forfeit, the purchaser's interest in a land contract.
Section
5
.
823.23 (2) (h) 2. of the statutes is amended to read:
823.23
(2)
(h) 2. A nonprofit corporation, the primary purpose of which is the improvement of housing conditions within the city
, village, or town
in which the property is located.
Section
6
.
823.23 (6) (b) 1. of the statutes is amended to read:
823.23
(6)
(b) 1. The city
, village, or town
gave the holder of the purchase money security interest and any vendee, mortgagor, or grantor under such purchase money security interest the notice under sub. (2) (b).
Section
7
.
823.23 (7) (c) 2. of the statutes is amended to read:
823.23
(7)
(c) 2. That the improvements on the property have been demolished by the
1st or 2nd class
city
, village or town
.
