Number
040683
Version
SUBSTITUTE 1
Sponsor
THE JUDICIARY AND LEGISLATION COMMITTEE
Title
Substitute resolution authorizing the return of real estate located at 2038-2040 N. 34th St., in the 15th Aldermanic District of the City of Milwaukee to its former owner upon payment of all city and county tax liens and any special improvement bonds, with all interest and penalty thereon and all costs as sustained by the City in foreclosing and managing said real estate. (Fred Strutz, dba Realty Improvements)
Analysis
Permits return of property owned by the City under conditions imposed by Ordinance File Number 901739, passed by the Common Council on July 28, 1992.
Body
Whereas, The property located at 2038-2040 N. 34th St., tax key number 349-0362-000-7 previously owned by Fred Strutz, dba Realty Improvements, has delinquent taxes for 2001 - 2003 and was foreclosed upon pursuant to Sec. 75.521, Wis. Stats., and a fee simple absolute was obtained in favor of the City of Milwaukee dated July 14, 2004; and
Whereas, Fred Strutz, dba Realty Improvements would like to reclaim said property by paying all City and County real estate taxes, plus accrued interest and penalties to date of payment, and all costs as sustained by the City in the foreclosing and management of said property since July 14, 2004; and
Whereas, The Department of Neighborhood Services does not object to return of the property provided the applicant pays $1,200 in pending reinspection and nuisance abatement fees, and the owner works cooperatively with the inspector to correct the code violations on the property in a timely manner; and
Whereas, The City Treasurer's records show outstanding 2001 - 2003 taxes, plus interest, penalties and costs; and
Whereas, The Department of City Development reports that this property is not suitable for use by a public agency or community based organization and is located in an existing or planned project area. Said property is vacant and no rent has been collected; administrative costs have been incurred totalling $460.50; and
Whereas, The Health Department reported no outstanding orders or notices, and no clean up notices have been issued against this property under Section 80-8 or 17-12 in 2003 or thus far in 2004; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that in order to return the property at 2038-2040 N. 34th St., a cashier's check must be submitted in the amount indicated by the City Treasurer within forty-five (45) calendar days of the adoption of this resolution; and, be it
Further Resolved, That the City Attorney is then authorized to enter into a stipulation with the former owner to reopen and vacate the City's judgment in Milwaukee County Circuit Court Case No. 04-CV-002780 known as the 2004 No. 1 In Rem Parcel 305, securing the court's order and recording said order with the Milwaukee County Register of Deeds; and, be it
Further Resolved, That if the above delinquent taxes, interest, and penalties are not paid within forty-five (45) calendar days of the adoption of this resolution, this process becomes null and void.
Drafter
CC CC
mbh
10-4-04
040683