74.53 Personal liability for delinquent taxes and other costs.
(1) Recovery of taxes and costs against persons. Except as provided in subs. (3) and (5), a county or a municipality may bring a civil action against a person to recover any of the following amounts that are included in the tax roll for collection and any of the amounts under pars. (b) and (c) that are not included in the tax roll for collection:
(a) Delinquent real property taxes, special charges, special assessments and special taxes, not including amounts under pars. (b) and (c), that were delinquent during the period that the person owned the property.
(b) The cost of razing and removing property and restoring the site to a dust-free and erosion-free condition incurred under s. 66.0413 (1) (br) 2., (f), (g) or (i), (2) (d) or (4) or of filling an excavation incurred under s. 66.0427 if the person owned the property when the property was razed and removed and the site restored or the excavation was filled, or if the person owned the property while the order to raze the property was recorded in the register of deeds office.
(c) The cost of abating a public nuisance under s. 254.595 or 823.04 if the person owned the property when the public nuisance was abated.
(2) Co-owner liability. Co-owners of property are jointly and severally liable for the payment of real property taxes, assessments or costs collectible under sub. (1).
(3) Limitation. A county or a city authorized to act under s. 74.87 may not proceed against any person under sub. (1) for amounts under sub. (1) (a) unless the property against which the amounts are levied in the tax roll is included in a tax certificate issued under s. 74.57.
(4) Recovery limited. A county or a municipality that proceeds against a property owner under this section may not recover more than the amount owed plus interest and penalties.
(5) Prior approval; notice. No action may be commenced under sub. (1) for the amounts under sub. (1) (a) unless it is approved by the county board or the governing body of the municipality. The clerk shall mail, to the last-known address of the person against whom an action is proposed to be commenced, advance written notice of the time and place the county board will meet to consider approval of legal action. A county board or the governing body of the municipality may abrogate its duty to approve and notice each action to be commenced under sub. (1) by adopting an ordinance waiving the duty and specifying procedures by which an action under sub. (1) may be commenced.
(6) Action by taxing jurisdiction. A taxing jurisdiction may bring a civil action under this section against a person to recover special assessments as defined in s. 75.36 (1) and special charges levied by it for which the county or municipality did not settle in full or which were not fully paid by proceeds distributed under s. 75.05 or 75.36. Any amount recovered in an action under this subsection shall be reported to the county or city treasurer, who shall subtract it from the amount owed for purposes of sub. (4).
(7) Appointment of receiver. A court may appoint a receiver to take charge of property included in a tax certificate under s. 74.57 if a county or a city authorized to act under s. 74.87 proceeds against the owner of the property under this section. The receiver shall manage the property, collect rents and apply income to the payment of delinquent real property taxes.
History: 1987 a. 378; 1989 a. 104, 347, 359; 1993 a. 27, 382, 453, 491; 1997 a. 27; 1999 a. 68, 150; 2001 a. 38.
A land contract vendor is not an owner of real estate under this section. City of Milwaukee v. Greenberg, 163 Wis. 2d 28, 471 N.W.2d 33 (1991).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 74 - Property tax collection.
74.03 - Delivery of tax rolls.
74.05 - Correction of tax roll information.
74.07 - Treasurers responsible for collection.
74.09 - Property tax bill and related information.
74.10 - Agreements on payments.
74.11 - Dates for payment of taxes, special assessments and special charges.
74.12 - Multiple installments payment option.
74.13 - Taxes paid in advance of levy.
74.15 - Payment of real property taxes by grantor and grantee.
74.21 - Notification of payment of taxes from escrowed funds.
74.27 - March settlement between counties and the state.
74.30 - Settlement in certain taxation districts.
74.31 - Failure to settle timely.
74.33 - Sharing and charging back of taxes due to palpable errors.
74.35 - Recovery of unlawful taxes.
74.37 - Claim on excessive assessment.
74.39 - Court-ordered reassessment.
74.41 - Charging back refunded or rescinded taxes; sharing certain collected taxes.
74.42 - Charge back of personal property taxes; subsequent distributions.
74.43 - Return of unpaid taxes, special assessments and special charges.
74.45 - Certificate of delinquent taxes; endorsement of treasurer's bond.
74.47 - Interest and penalty on delinquent amounts.
74.485 - Charge for converting agricultural land.
74.49 - Payment of delinquent taxes in installments.
74.51 - Discharge of delinquent taxes.
74.53 - Personal liability for delinquent taxes and other costs.
74.55 - Action to collect delinquent personal property taxes.
74.57 - Issuance of tax certificate.
74.59 - Notice of issuance of tax certificate.
74.61 - Correction of description on tax certificate.
74.63 - Retention of tax certificate and other information.
74.635 - Sale of tax certificate revenues.
74.65 - Lands acquired by state.
74.67 - Effect on taxes of revision of taxing jurisdiction boundary.
74.73 - Rights of occupant or tenant who pays taxes.
74.75 - Vacancies in office; how taxes collected.
74.77 - Effect on lien of payment of taxes by lienholder.
74.79 - Lienholder may contest tax.