UPDATE, September 10, 2008: "City drops foreclosure in parking case"
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UPDATE, August 17, 2008: "Milwaukee man files petition to pay parking fine, keep house"
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UPDATE, August 4, 2008: "Barrett to intervene in foreclosure case"
Mayor Tom Barrett said today he will work with the city treasurer's office to make sure Peter Tubic doesn't lose his home over a $50 parking violation.
"While it is important to recognize the need to comply with rules and regulations, this is a highly unusual situation and I can't sit by and watch a man who is clearly suffering from mental debilitation lose his home because of a $50 ticket," Barrett said in a written statement. "I will work with the City Treasurer to resolve this matter. Foreclosing on a home is always, always a last resort and residents can avoid the downward spiral that comes with avoiding enforcements."
What quick action!
I'm not surprised.
Barrett couldn't allow Milwaukee to be known as the city that takes away homes to settle parking ticket debts.
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Let this be a lesson to all: PAY YOUR PARKING TICKETS!
From the Milwaukee Journal Sentinel:
Peter Tubic ignored a $50 parking fine in 2004, and on Monday, it cost him his $245,000 house.
In what city officials believe is the first case of its kind, the city foreclosed on Tubic's house on W. Verona Court after repeated attempts to collect the fine - which over the years had escalated to $2,600 - had failed.
"Our goal isn't to acquire parcels," said Jim Klajbor, special deputy city treasurer. "Our goal is to just collect taxes. . . . It is only as a last resort that we would pursue . . . foreclosure."
Milwaukee County Circuit Judge Richard Sankovitz technically stayed the judgment to give Tubic one last chance to explain why he hasn't paid or even responded, but Sankovitz ruled in favor of the city's foreclosure.
"The city was entitled to a judgment," Sankovitz told Public Investigator on Thursday. "There hadn't been an answer to the complaint."
Tubic takes the blame for disregarding the 15 or more notices he received seeking payment and warning of the pending foreclosure on the house, which was fully paid off, but says he had good reason.
He was physically and psychologically unable to handle the situation, he says.
According to the Social Security Administration, Tubic, 62, has been disabled since 2001. He has been diagnosed with psychological disorders that limit his "ability to understand, remember and carry out detailed instructions," according to documents from the administration.
In addition he suffers from chronic pain caused by degenerative diseases of the knees and spine, as well as chronic respiratory disease, diabetes and obesity, among other ailments.
In several lengthy conversations with the P.I. Team spanning two weeks, Tubic frequently grunted in pain and broke down in tears.
"They're trying to take my house away for a parking violation," Tubic said. "I know it was my own fault for letting it drag on, I've been under mental duress. I haven't been able to handle this."
This actually is a very sad case.
...Tubic first got the fine for parking his Ford E150 with no license plates in the driveway of the home, which belonged to his parents at the time . The radiator had broken and Tubic couldn't get his plates renewed unless the van passed an emissions test. He didn't have the money to make the repair and had more pressing worries, he said.
His father was suffering from dementia. His mother was battling cancer, and he was their live-in caretaker. He needed to shop, cook, clean, maintain the house and tend to his parents' needs.
The van repair could wait, he thought.
Then a man from the city showed up and told him otherwise. It was February 2004. Tubic would have to move the van or get license plates for it within 30 days, per city zoning codes, the man said. Somebody had complained.
Several days later Tubic's dad died. Tubic was overwhelmed, he said.
"It was a combination of things financial and emotional, my caregiving role, all heaped themselves on me at the wrong time," he said. "I still don't function well."
A neighbor didn't complain. It was Tubic's brother.
...Tubic had not been getting along with his brother, and his brother made the call. His brother, Jovon Tubic, said he called at the request of their mother, according to a letter from Jovon to Peter Tubic.
The question: Should Tubic be granted some slack?
He had family problems as well as physical and mental health issues, so he ignored the tickets.
I wonder if Tubic also failed to pay his utility bills. Was he able to manage his finances during this period? Did he manage to buy food and care for himself?
While I sympathize with Tubic's difficulties, if he was able to function in other areas, I don't see why he should be given a pass on the fines.
There's no excuse for letting so many tickets pile up.
But should he lose his home?
Yes, Tubic received and ignored 15 or more notices warning of the foreclosure. If I received notice that I was on the verge of losing my home, I would take action. I certainly wouldn't just ignore the matter.
Still, it's extreme for the city to seize his home. It's like using a nuclear bomb to rid a home of a mouse.
Tubic's house is fully paid off. Why doesn't he get a loan to cover the fines? Maybe the city can seize some other property he owns. Why go for the house?
It's ridiculous. It's a disgrace.
There has to be a better way to handle this, but Tubic does have to pay up now. He's not above the law.
2 comments:
Its still ridiculous that he has to license a vehicle that's on his own property, that he wasn't even driving.
If anything, the city should have towed the vehicle when they realized that the fines were not going to be paid.
Right. It would have cost taxpayers A LOT less if the city had just towed the vehicle.
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