Switalla case: County has no rules on items left behind

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Abandoned items at county foreclosed properties not inventoried or appraised

Shawano County has no formal rules for dealing with personal items abandoned at properties the county acquires in foreclosure, and those items are not inventoried or appraised, according to county staff.

Wittenberg Village President and County Supervisor William Switalla is facing a felony burglary charge in connection with a grill left behind at one of the properties in the village that he took and later returned. He entered a plea of not guilty last week.

County staff were not able to comment on the open criminal case but did respond to general questions about county practices where abandoned personal property is concerned.

Building Maintenance Supervisor Steve Dreher said it would be cost-prohibitive to inventory what is typically junk and garbage left behind.

“It would cost the taxpayers thousands of dollars to have somebody inventory one old diaper, one broken stroller, one umbrella,” he said.

Dreher said the value to the county is the taxable property that has been foreclosed.

“Personal property is not taxable,” he said. “We’re foreclosing based on non-payment of property taxes.”

Dreher also said that usually when a county sells a foreclosed property, the first thing the new owners do is dispose of abandoned personal items.

“Most of the people that buy any of these properties, if they’re going to try and occupy the house, the first thing they do is get a couple of 30-yard dumpsters and just start pitching the stuff,” Dreher said.

The criminal complaint against Switalla placed the value of the grill at $100, according to a statement signed by County Treasurer Deb Wallace.

It’s not known how that dollar amount was arrived at. Wallace referred all questions to Corporation Counsel Tony Kordus.

Kordus said abandoned items are not appraised and typically there is no value placed on them, though those items can affect the sale price of the property.

“If a potential purchaser ascribes value to it, presumably they increase their bid amount,” Kordus said.

“In other cases, our maintenance department, as approved by the Public Property Committee, may keep items of personal property for county use if they are of value to the county,” he said.

Some examples of items left behind at properties that the maintenance department has kept and has used have included ladders, saws, tools and other similar items, Kordus said.

“All personal property that is left behind, not used by the county or not discarded is included in the sale price,” he said. “The condition of the property, and contents included therein, may impact the sale and bid price.”

Though no inventory is taken, photos of the property generally show what’s been left behind. The county also gives the previous owners an opportunity to reclaim their abandoned property if they want it back.

The county has no policy or process covering cleanup at foreclosed properties.

“This is decided on a case-by-case basis,” Kordus said. “Typically, the properties are left as-is and sold as-is. If a property is overrun with garbage, perhaps our maintenance department may take some limited action to make the property more accessible, but overall clean-up is usually very limited.”

Switalla said in a previous interview that he took the grill while cleaning up garbage at the foreclosed property at 714 Webb St., something he offered to do after going to the property with the county clerk and treasurer to establish a sale price for the real estate.

“Typically, it is the policy of the (finance) committee to have our treasurer visit the property one time with a select local official of the town, village or city solely to recommend an appraised value for the property to the finance committee for the establishment of a minimum bid amount,” Kordus said. “No other access to the property is typically allowed, except for access by county maintenance personnel to secure the property, take photos of the property, and take measurements as may be required by our insurer.”