The expense of abating such nuisance pursuant to such warrant shall be collected by the officer in the same manner as damages and costs are collected upon execution or may be collected by finding the defendant personally liable for these expenses, as provided in s. 74.53. The officer may sell any material of any fences, buildings or other things abated or removed as a nuisance as personal property is sold upon execution and apply the proceeds to pay the ex- penses of such abatement, paying the residue, if any, to the defendant.
823.06.Expense of abating, how collected.
Ch. 823: Nuisances · Last amended 1987 · Last verified July 15, 2026
In one sentenceSection 823.06 explains how the officer collects the expense of abating a nuisance under a warrant, either the same way damages and costs are collected on execution or by holding the defendant personally liable, and lets the officer sell removed materials to cover the cost.
Full Text of Section 823.06
Plain-English Summary
Once an officer abates a nuisance under a warrant, someone has to pay for the work. Section 823.06 gives two collection routes: the expense can be collected the same way damages and costs are collected upon execution, or the officer can pursue the defendant’s personal liability for those expenses as provided in s. 74.53.
The section also lets the officer recoup costs from the nuisance itself. Materials from any fences, buildings, or other things abated or removed as a nuisance can be sold the way personal property is sold on execution, with the proceeds applied to pay the abatement expenses. Anything left over after covering those expenses goes back to the defendant.
Frequently Asked Questions
How does the officer get paid back for abating a nuisance?
Section 823.06 allows collection the same way damages and costs are collected upon execution, or by holding the defendant personally liable for the expenses as provided in s. 74.53.
Can the officer sell materials from the demolished structure to cover costs?
Yes. Section 823.06 lets the officer sell any material from fences, buildings, or other things abated or removed as a nuisance the same way personal property is sold on execution.
What happens to money left over after the abatement expenses are paid?
The residue, if any, is paid to the defendant, according to Section 823.06.
Is personal liability the only way to collect these expenses?
No. Section 823.06 offers it as an alternative to collecting the expense the same way damages and costs are collected upon execution.
What law governs the personal liability option for these expenses?
Section 823.06 points to s. 74.53 for finding the defendant personally liable for the abatement expenses.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.06; 1983 a. 476; 1987 a. 378.
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
Also known as: collecting nuisance abatement expenses wisconsinselling abated nuisance materials wisconsinpersonal liability nuisance abatement costofficer recoup nuisance removal cost