City of Milwaukee - File #: 141331

• File #: 141331
• Version: 0
• Type: Ordinance
• Status: Passed
• File created: 11/25/2014
• In control: COMMON COUNCIL
• Final action: 12/16/2014
• Effective date: 1/10/2015
• Title: An ordinance relating to requirements for vacation of an in rem judgment.
• Sponsors: ALD. MURPHY
• Indexes: IN REM JUDGMENTS

Date	Ver.	Action By	Action	Result	Tally
1/9/2015	0	CITY CLERK	PUBLISHED
12/29/2014	0	MAYOR	SIGNED
12/16/2014	0	COMMON COUNCIL	PASSED	Pass	14:0
12/8/2014	0	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Appearing: Edwin Huertas - Legislative Assistant to Ald. Murphy's Office Deputy City Atty. - Danielle Bergner	Pass	4:0
12/4/2014	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
12/4/2014	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
11/25/2014	0	COMMON COUNCIL	ASSIGNED TO	Fail

Number

141331

Version

ORIGINAL

Reference

Sponsor

ALD. MURPHY

Title

An ordinance relating to requirements for vacation of an in rem judgment.

Sections

304-50-1-0      am

304-50-2      am

Analysis

This ordinance amends current code requirements for submitting a written request for vacation of an in rem judgment by requiring that a request submitted by any person other than the former owner of record be consented to by the former owner.  The common council may, in its discretion, waive the requirement that the former owner of record consent to the applicant's request if the common council finds that it is in the city's best interest to do so.

Body      

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 304-50-1-0 and 2 of the code is amended to read:

304-50.  Vacation of In Rem Judgment.

1.      The former owner of record >>,<< or any person having any interest of record >>with the consent of the former owner of record,<< has submitted a written request to the city treasurer on a form provided by the city treasurer to have the in rem judgment vacated.  No written request to proceed under this section may be submitted for consideration to the common council [[where]] >>if<< any of the following [[are]] >>is<< true:

2.      The written request [[must]] >>shall<< identify the property address, the property's tax key number, the name and mailing address of the applicant, and the applicant's interest in the property.  >>The written request shall be consented to and signed by the former owner of record if the requester is not the former owner, unless the former owner is deceased or cannot be located following diligent search and inquiry.<<  It [[must]] >>shall<< also include a list of all other real property in the city >>in<< which the former owner has an ownership interest.  >>The common council may, in its discretion, waive the requirement that the former owner of record consent to the applicant's request if the common council finds that it is in the city's best interest to do so.<<

LRB

APPROVED AS TO FORM

_________________________

Legislative Reference Bureau

Date:_____________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

________________________

Office of the City Attorney

Date:____________________

Requestor

City Attorney's Office

Drafter      

LRB156802-1

Teodros W. Medhin:lp

11/19/2014