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Please see http://docs.legis.wisconsin.gov for the production version.
STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, resolves and orders as follows:
Pursuant to the findings of the town board, stated below, ________ ________, the owner of a wharf or pier, shall remove or have removed the wharf or pier described below by ________ ___, 20__. If the wharf or pier is not timely removed by the owner, the town board orders ________ ________, [a town officer or agent of the town], to remove or have removed the wharf or pier.
[Include either Alternative 1 or 2, as applicable.]
[Alternative 1] The town board finds that the pier or wharf located at ______________ [insert location including name of waterway, if any] constitutes an unlawful obstruction of navigable water in the Town of ________. The wharf or pier shall be timely removed as follows:
[state method of removal].
[Alternative 2] The town board finds that the pier or wharf located at ______________ [insert location including name of waterway, if any] is so old, dilapidated, or in need of repair that it constitutes a public nuisance. The town board finds that repair of the wharf or pier is presumed unreasonable and the wharf or pier is presumed to be a public nuisance under s. 30.13 (5m) (a) 2., Wis. stats. The wharf or pier should be removed as follows:
[state method of removal].
The town clerk shall properly post or publish this resolution as required under s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: Under s. 30.13 (5m) (a) 2., Wis. stats., the town board must determine the cost of repair prior to utilizing Alternative 2. In relevant part, s. 30.13 (5m) (a) 2., Wis. stats., states:
30.13 (5m) (a) 2. If the governing body of a city, village or town or a designated officer determines that the cost of repair is likely to exceed 50% of the equalized assessed value of the wharf or pier or, if the wharf or pier is not subject to assessment, if the cost of repair is likely to exceed 50% of the current fair market value, then repair is presumed unreasonable and the wharf or pier is presumed to be a public nuisance.
Note: The removal order must be served on the owner or person responsible in the manner provided for service of summons or by posting if the owner or responsible agent cannot be served.
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