823.15 Undertaking to release building or structure. The owner of any building or structure, or the owner of the land upon which the building or structure is located, affected by an action under s. 823.10 or 823.113 may appear at any time after the commencement of the action and file an undertaking in a sum and with the sureties required by the court to the effect that he or she will immediately abate the alleged nuisance, if it exists, and prevent the same from being reestablished in the building or structure, and will pay all costs that may be awarded against him or her in the action. Upon receipt of the undertaking, the court may dismiss the action as to the building or structure and revoke any order previously made closing the building or structure; but that dismissal and revocation shall not release the property from any judgment, lien, penalty, or liability that the property is subject to by law. The court has discretion in accepting any undertaking, the sum, supervision, satisfaction, and all other conditions of the undertaking, but the period that the undertaking shall run may not be less than one year.
History: Sup. Ct. Order, 67 Wis. 2d 585, 762, 782 (1975); Stats. 1975 s. 823.15; 1989 a. 122.
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.