823.115 Sale of property and use of proceeds.
(1) If personal and real property are ordered sold under s. 823.114, and the real property is not released to the owner under s. 823.15, the plaintiff in the action under s. 823.113 shall sell the property at the highest available price. The city, town or village may sell the property at either a public or private sale. The proceeds of the sale shall be applied to the payment of the costs of the action and abatement and any liens on the property, and the balance, if any, paid as provided in sub. (2). The plaintiff may file a notice of the pendency of the action as in actions affecting the title to real estate and if the owner of the building or structure, or the owner of the land upon which the building or structure is located, is found guilty of the nuisance, the judgment for costs of the action not paid out of the proceeds of the sale of the property shall constitute a lien on the real estate prior to any other lien created after the filing of the lis pendens, except a lien under s. 292.31 (8) (i) or 292.81.
(2) Any balance remaining from the proceeds of the sale of property under sub. (1) shall be paid in equal shares to the following agencies or officials for the purposes listed:
(a) The law enforcement agency of the city, town or village that brought the action, to be used for gang-related and drug-related law enforcement activities.
(b) The treasurer of the city, town or village that brought the action, to be placed in a fund that is used to provide grants to organizations for gang abatement and drug and alcohol treatment programs for residents of the city, town or village that brought the action.
(c) The treasurer of the city, town or village that brought the action, to be placed in a fund that is used to provide grants to organizations for housing rehabilitation, neighborhood revitalization and neighborhood crime prevention activities in the city, town or village that brought the action.
History: 1989 a. 122; 1993 a. 98, 453; 1995 a. 227; 1997 a. 27.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
823.01 - Jurisdiction over nuisances.
823.015 - Action against condominium association.
823.02 - Injunction against public nuisance, time extension.
823.04 - Execution and warrant.
823.05 - Warrant may be stayed.
823.06 - Expense of abating, how collected.
823.065 - Repeated violations of a municipal ordinance a public nuisance.
823.07 - Violations of ordinances or resolutions relating to noxious business.
823.075 - Actions against forestry operations.
823.08 - Actions against agricultural uses.
823.085 - Actions against owners or operators of solid waste facilities.
823.09 - Bawdyhouses declared nuisances.
823.10 - Disorderly house, action for abatement.
823.11 - Evidence; dismissal of action; costs.
823.113 - Drug or criminal gang house a public nuisance.
823.114 - Judgment and order of sale of property.
823.115 - Sale of property and use of proceeds.
823.12 - Punishment for violation of injunction.
823.13 - Judgment and execution; sale of fixtures.
823.14 - Application of proceeds of sale; lis pendens.
823.15 - Undertaking to release building or structure.
823.16 - Remedy of lessor of place of prostitution.
823.20 - Gambling place a public nuisance.
823.21 - Dilapidated buildings declared nuisances.
823.215 - Dilapidated wharves and piers in navigable waters declared nuisances.