The owner of any building or structure, or the owner of the land upon which the building or structure is located, affected by an action under s. 823.10 or 823.113 may appear at any time after the commencement of the action and file an undertaking in a sum and with the sureties required by the court to the effect that he or she will immediately abate the alleged nuisance, if it exists, and prevent the same from being reestablished in the building or structure, and will pay all costs that may be awarded against him or her in the action. Upon receipt of the undertaking, the court may dismiss the action as to the building or structure and revoke any order previously made closing the building or structure; but that dismissal and revocation shall not release the property from any judgment, lien, penalty, or liability that the property is subject to by law. The court has discretion in accepting any undertaking, the sum, supervision, satisfaction, and all other conditions of the undertaking, but the period that the undertaking shall run may not be less than one year.
823.15.Undertaking to release building or structure.
Ch. 823: Nuisances · Last amended 1989 · Last verified July 15, 2026
In one sentenceSection 823.15 lets an owner head off or lift a nuisance closure by filing a court-approved undertaking promising to abate the nuisance, keep it from returning, and pay any costs awarded, with the bond running for at least one year.
Full Text of Section 823.15
Plain-English Summary
Section 823.15 gives a building or landowner a way out of a closure ordered under an action brought under section 823.10 or 823.113. At any time after the action starts, the owner of the building or structure, or the owner of the land it sits on, may appear and file an undertaking, with sureties the court sets, promising to immediately abate the alleged nuisance if it exists, keep it from being reestablished, and pay any costs awarded in the action.
Once the court receives that undertaking, it may dismiss the action as to the building or structure and revoke any earlier order closing it. That relief has a limit built in: dismissing the action and revoking the closure order does not release the property from any judgment, lien, penalty, or liability it is otherwise subject to by law.
The court keeps discretion over the details. It decides whether to accept the undertaking at all, and it sets the sum, the supervision, what satisfies the undertaking, and every other condition. The one fixed floor is time: whatever period the undertaking runs, it cannot be less than one year.
Frequently Asked Questions
Can a Wisconsin building owner avoid having their building closed for a nuisance?
Yes. Section 823.15 lets the owner of the building or structure, or of the land it sits on, file an undertaking promising to abate the nuisance, and the court may then dismiss the action as to the building and revoke a closure order.
What must the owner promise in the undertaking?
That the owner will immediately abate the alleged nuisance if it exists, prevent it from being reestablished in the building or structure, and pay all costs awarded in the action.
Does filing an undertaking erase the owner’s other liability connected to the property?
No. Dismissal of the action and revocation of the closure order does not release the property from any judgment, lien, penalty, or liability it is subject to by law.
How long must the undertaking stay in effect?
At least one year. Section 823.15 sets that as the minimum period, though the court has discretion over the other conditions.
Is the court required to accept the owner’s undertaking?
No. The court has discretion in accepting any undertaking, and in setting its sum, supervision, satisfaction, and other conditions.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 762, 782 (1975); Stats. 1975 s. 823.15; 1989 a. 122.
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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