County staff says eviction, code enforcement planned for seized Richland County property after unsafe stove reported

A county staff member told the Richland County Finance and Personnel Committee that the county will refile an eviction and pursue code enforcement for a property the county seized about a year and a half ago after officials raised safety and occupancy concerns.

The update, given during the committee’s discussion of agenda item 7, said the county originally pursued a non-eviction legal argument that a judge declined to accept. “I used a particular legal argument that was not simply an eviction. The judge did not find that argument persuasive and felt more comfortable pursuing it as an eviction action,” the staff member said, adding that the earlier action was dismissed and the county planned to refile as an eviction.

Why it matters: the current occupant is operating a stove or fireplace that may be improperly vented, raising safety concerns for neighbors and county staff. The staff member said the county has engaged the city about code enforcement and expects the building will be empty eventually, but movement is likely to wait until warmer weather given an eviction moratorium through the winter months.

Details from the update: the staff member said the building was occupied when seized and that efforts to resolve the situation informally earlier were unsuccessful. The presenter said: “So while I prepare the eviction against whomever the current occupant is, I’ve also engaged with the city for possible code enforcement actions. One way or another we will end up with an empty building.”

The staff member cautioned that the county’s options are constrained by state procedures for physical removal. “In Wisconsin, the sheriff is the only person who can remove someone from a property. So once I receive the court order, that will go to sheriff order. And we’ll be executed,” the staff member said.

Committee members asked about timing and comparisons to utility shutoff schedules; the staff member said that earlier efforts stretched into winter and that safety concerns with the stove/fireplace have persisted but had not resulted in an immediate fire. The committee took no formal action on the update.

Next steps: staff said it will proceed with filing the eviction and continue coordinating with city code enforcement; any removal would follow a court order and sheriff execution.