If the existence of the nuisance be established in an action under s. 823.09, or in a criminal proceeding, an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building or place of all fixtures, furniture, musical instruments, or movable property used in conducting the nuisance, and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and the effectual closing of the building or place against its use for any purpose, and so keeping it closed for a period of one year, unless sooner released. If any person shall break and enter or use a building, erection, or place so directed to be closed the person shall be punished as for contempt, as provided in s. 823.12.
823.13.Judgment and execution; sale of fixtures.
Ch. 823: Nuisances · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 823.13 requires a court that finds a nuisance under section 823.09, or in a criminal case, to order the removal and execution-style sale of any fixtures or movable property used to run it, and to keep the building closed for a year unless it is released sooner.
Full Text of Section 823.13
Plain-English Summary
Once a nuisance is established, either in a civil action under section 823.09 or in a criminal proceeding, section 823.13 requires the court to build an order of abatement into the judgment itself. That order does three things. It directs the removal of every fixture, piece of furniture, musical instrument, or other movable property used to run the nuisance from the building or place. It directs the sale of that property the same way chattels are sold under execution. And it closes the building or place to any use at all.
The closure is not indefinite. The default period is one year, though the order can end sooner if the property is released under a provision like the undertaking process in section 823.15. That one-year default gives the order teeth without making it permanent on its own terms.
Enforcement runs through the contempt power. Anyone who breaks into, enters, or uses a building or place a court has ordered closed under this section faces punishment as for contempt, under the procedure set out in section 823.12. That link ties the abatement order to a real consequence for defying it.
Frequently Asked Questions
What happens to furniture and equipment found in a Wisconsin building used as a nuisance?
Section 823.13 requires the court to order their removal from the building or place, and their sale in the same manner as chattels are sold under execution.
How long does a court close a building found to be a nuisance under this section?
The order keeps the building closed for one year, unless it is released sooner, for example through an undertaking filed under section 823.15.
What happens if someone breaks into a building a Wisconsin court ordered closed for a nuisance?
Section 823.13 makes that person punishable as for contempt, following the procedure in section 823.12.
Does section 823.13 apply only to criminal nuisance cases?
No. It applies whether the nuisance is established in a civil action under section 823.09 or in a criminal proceeding.
Is the abatement order a separate court proceeding, or part of the judgment?
It is entered as part of the judgment in the case that established the nuisance, not as a separate proceeding.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 762, 782 (1975); Stats. 1975 s. 823.13; 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
Also known as: wisconsin nuisance abatement orderclosing a nuisance building wisconsinsale of fixtures used in a nuisancecontempt for reentering closed nuisance building