STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, resolves and orders as follows:
The town board has found that the following described building is old, dilapidated, or out of repair, and, consequently, dangerous, unsafe, unsanitary, or otherwise unfit for human habitation and that repair of the building is unreasonable. (If applicable: The building inspector [or other designated officer] has determined that the cost of repairs to the building 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 State of Wisconsin, Department of Revenue for the town.)
Upon the above findings, ________ ________, the owner of the following-described real property, is ordered to raze the building in the Town of ________ located upon the following described real property by not later than ________ ___, 20__, described as ________ [specifically describe the building] and located at: [insert address and legal description].
The building inspector [or other designated officer] 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.
If the owner of the above-described real property fails or refuses to comply with this order within the time prescribed above, the building inspector [or other designated officer] shall, subject to
s. 66.0413 (1) (h) and
(j), Wis. stats., relating to salvage and personal property, proceed to raze the building through any available public agency or by contract or arrangement with private persons, or to secure the building and, if necessary, the property on which the building is located if unfit for human habitation. The cost of razing or securing the building may be charged in full or in part against the real estate upon which the building is located, and if that cost is so charged it is a lien upon the real estate and may be assessed and collected as a special charge.
Notice of the raze order of the town board shall be served as follows:
1. 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.
2. On the holder of each encumbrance of record by 1st class mail at the holder's last-known address and by publication as a class 1 notice under chapter 985, Wis. stats.
If the owner, and the owner's agent, if any, 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 chapter 985, Wis. stats., before the time limited in the order begins to run.
The town clerk shall file or have filed by the town attorney a Notice of Lis Pendens in the Office of the Register of Deeds for ________ County, Wisconsin, on the tract of the above-described real property to provide notice of this resolution and raze order of the town.
The town clerk shall properly post or publish this resolution as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: This form may not be used for a property for which the town has received a written insurer certification within 14 days after the property has incurred damage. If a town has received such a certification, additional procedures are necessary before an order to raze the building may be issued. See
s. 66.0413 (5), Wis. stats.
