Number
020093
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to in personam actions for delinquent real estate taxes and other charges.
Sections
304-48 rc
Analysis
This ordinance makes the following changes to the method by which the city brings in personam actions (actions against individuals as opposed to property) for delinquent real estate taxes or other charges:
1. Under the present system, the city attorney is directed to review certain categories of delinquent property for potential targets of in personam actions. This ordinance removes those categories and authorizes the city attorney to consider any delinquent property as the potential target of an in personam action.
2. This ordinance authorizes the city attorney or his or her agent to send out required letters of notice. These letters are presently sent by the city treasurer.
3. This ordinance eliminates a requirement that letters of notice be sent by registered or certified mail.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 304-48 of the code is repealed and recreated to read:
304-48. In Personam Actions for Delinquent Real Estate Taxes and Other Charges. In accordance with s. 74.53(5), Wis. Stats., the common council waives the duty to specifically approve each in personam action that the city may bring under s. 74.53, Wis. Stats., and waives its duty to send notice to each person against whom such actions may be commenced.
1. PURPOSE. As authorized under s. 74.53, Wis. Stats., this section allows the city to bring in personam actions (actions against the person, not the property) for delinquent real estate taxes, special charges, special assessments and special taxes.
2. DECISION TO BRING ACTION. The city attorney shall review the city treasurer's records regarding delinquencies and determine in his or her discretion whether to commence an in personam act...
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