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File #: 981382    Version:
Type: Resolution Status: Passed
File created: 12/18/1998 In control: FINANCE & PERSONNEL COMMITTEE
On agenda: Final action: 1/19/1999
Effective date:    
Title: Substitute resolution authorizing an agreement with outside counsel Friebert, Finerty & St. John, S.C., to assist the City in pursuing public nuisance building code actions.
Sponsors: ALD. HENNINGSEN, ALD. D'AMATO, ALD. BUTLER, ALD. RICHARDS
Indexes: AGREEMENTS, BUILDING CODE, LITIGATION, NUISANCES
NUMB:
981382
VERS:
SUBSTITUTE 2
REF:

XXBY:
ALD. HENNINGSEN, D'AMATO, BUTLER AND RICHARDS
TITL:
Substitute resolution authorizing an agreement with outside counsel Friebert, Finerty & St. John, S.C., to assist the City in pursuing public nuisance building code actions.
ANLS:
-Analysis-

This resolution provides for an agreement with outside counsel Friebert, Finerty & St. John, S.C., to assist the City in pursuing public nuisance building code actions.
BODY:
Whereas, The Mayor and the Common Council of the City of Milwaukee have directed the City Attorney to commence public nuisance and human health hazard lawsuits for the elimination of building code violations where municipal court has not been a successful remedy for the violations; and

Whereas, The City Attorney with the assistance of the former Building Inspection Department and the Department of City Development have recently investigated over 100 public nuisance actions including one case which involves over 62 properties in violation of the building code; and

Whereas, There are approximately 50 building code public nuisance and human health hazard cases ready to file in court and the Department of Neighborhood Services has many more cases which could be referred immediately; and

Whereas, The law firm of Friebert, Finerty & St. John, S.C. has developed a significant amount of experience in the prosecution of building code cases through their representation of the City's receiver, the Neighborhood Improvement Development Corporation, in the previously filed public nuisance cases, and their training and experience on these matters will allow them to immediately take many cases to court to have the public nuisances abated; and

Whereas, The municipal court has not proved an acceptable alternative for the filing and refiling of building code cases for the same buildings in which the amount of the forfeiture has not been a deterrent in eliminating the nuisances; and

Whe...

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