The court may, on the application of the defendant, order a stay of such warrant for such time as may be necessary, not exceeding 6 months, to give the defendant an opportunity to remove the nuisance, upon the defendant’s giving satisfactory security to do so within the time specified in the order.
823.05.Warrant may be stayed.
Ch. 823: Nuisances · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 823.05 lets the court stay a nuisance-abatement warrant for up to six months, on the defendant’s application, to give the defendant time to remove the nuisance, provided the defendant posts satisfactory security to do so within that time.
Full Text of Section 823.05
Plain-English Summary
A warrant ordering an officer to abate and remove a nuisance does not have to be executed right away. Section 823.05 lets the defendant apply for a stay of that warrant, and the court may grant one for whatever time is necessary, up to a cap of six months.
The stay is not free of conditions. The defendant has to give satisfactory security to the court, guaranteeing that the nuisance will be removed within the time the order specifies. The stay buys the defendant time to handle removal directly, rather than having an officer do it under the warrant described in s. 823.04.
Frequently Asked Questions
Can I get more time to remove a nuisance myself instead of having an officer do it?
Yes. Section 823.05 lets the court stay the abatement warrant, on the defendant’s application, for up to six months to give the defendant a chance to remove the nuisance.
Do I have to put up any kind of guarantee to get the stay?
Yes. The defendant must give satisfactory security to the court, promising to remove the nuisance within the time specified in the stay order.
Is six months the maximum stay a court can grant?
Yes. Section 823.05 caps the stay at not exceeding six months, though the court sets the actual time as necessary within that limit.
Who has to ask for this stay?
The defendant. Section 823.05 conditions the stay on the defendant’s application to the court.
What happens if the security is not sufficient?
The section requires the security to be satisfactory to the court before it will order the stay, so an inadequate security offer would not support granting the stay under this section.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 762 (1982); Stats. 1975 s. 823.05; 1993 a. 486.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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