The credit under s. 79.10 (9) (bm)
, as it applies to the principal dwelling on a parcel of taxable property, applies to the estimated fair market value of a mobile home that is the principal dwelling of the owner. The owner of the mobile home shall file a claim for the credit with the treasurer of the municipality in which the property is located. To obtain the credit under s. 79.10 (9) (bm)
, the owner shall attest on the claim that the mobile home is the owner's principal dwelling. The treasurer shall reduce the owner's parking permit fee by the amount of any allowable credit. The treasurer shall furnish notice of all claims for credits filed under this subdivision to the department of revenue as provided under s. 79.10 (1m)
Recreational mobile homes are exempt from the monthly parking permit fee under par. (c)
. The exemption under this paragraph also applies to steps and a platform, not exceeding 50 square feet, that lead to a recreational mobile home, but does not apply to any other addition, attachment, patio, or deck.
This section does not apply to a mobile home park that is owned and operated by any county under the provisions of s. 59.52 (16) (b)
If a mobile home is permitted by local ordinance to be located outside of a licensed park, the monthly parking permit fee shall be paid by the owner of the land on which it stands, and the owner of the land shall comply with the reporting requirements of par. (c)
. The owner of the land may collect the fee from the owner of the mobile home and, on or before January 10 and on or before July 10, shall transmit to the taxation district all fees owed for the 6 months ending on the last day of the month preceding the month when the transmission is required.
Nothing in this subsection prohibits the regulation by local ordinance of a mobile home park.
Failure to timely pay the tax prescribed in this subsection shall be treated as a default in payment of personal property tax and is subject to all procedures and penalties applicable under chs. 70
Each local governing body may enact an ordinance providing a forfeiture of up to $25 for failure to comply with the reporting requirements of par. (c)
. Each failure to report is a separate offense.
(3m) Park operator reimbursement.
A park operator who is required by municipal ordinance to collect the monthly parking permit fee from the mobile home owner may deduct, for administrative expenses, 2% of the monthly fees collected.
(4) Application for license.
Original application for mobile home park license shall be filed with the clerk of the licensing authority. Applications shall be in writing, signed by the applicant and shall contain the following:
The location and legal description of the mobile home park.
(5) Plans and specifications to be filed.
Plans and specifications in compliance with all applicable ordinances of the licensing authority and provisions of the department of health and family services shall be filed with an original application for a mobile home park. The clerk, after approval of the application by the licensing authority and upon completion of the work according to the plans, shall issue the license. A mobile housing development harboring only nondependent mobile homes as defined in sub. (1) (f)
is not required to provide a service building.
(6) Renewal of license.
Upon application by any licensee, after approval by the licensing authority and upon payment of the annual license fee, the clerk of the licensing authority shall issue a certificate renewing the license for another year, unless sooner revoked. The application for renewal shall be in writing, signed by the applicant on forms furnished by the licensing authority.
(7) Transfer of license; fee.
Upon application for a transfer of license the clerk of the licensing authority, after approval of the application by the licensing authority, shall issue a transfer upon payment of the required $10 fee.
(8) Distribution of fees.
The licensing authority may retain 10% of the monthly parking permit fees collected in each month, without reduction for any amounts deducted under sub. (3m)
, to cover the cost of administration. The licensing authority shall pay to the school district in which the park is located, within 20 days after the end of each month, such proportion of the remainder of the fees collected in the preceding month as the ratio of the most recent property tax levy for school purposes bears to the total tax levy for all purposes in the licensing authority. If the park is located in more than one school district, each district shall receive a share in the proportion that its property tax levy for school purposes bears to the total school tax levy.
(9) Municipalities; parking fees on mobile homes.
A licensing authority may assess parking fees at the rates under this section on recreational mobile homes, except recreational mobile homes which are located in campgrounds licensed under s. 254.47
and recreational mobile homes which are located on land where the principal residence of the owner of the recreational mobile home is located, regardless of whether the recreational mobile home is occupied during all or part of any calendar year.
The powers conferred on licensing authorities by this section are in addition to all other grants of authority and are limited only by the express language of this section.
History: 1999 a. 5
; 1999 a. 150
; Stats. 1999 s. 66.0435; 2005 a. 298
See also ch. ATCP 125
, Wis. adm. code.
A license issued without prior approval of park plans is void and the owner cannot complain if it is revoked. A mobile home park zoning ordinance adopted without compliance with the notice of hearing requirements of s. 60.74 (2) [now 60.61 (4)] is void. Edelbeck v. Town of Theresa, 57 Wis. 2d 172
, 203 N.W.2d 694
The time for appeal under sub. (2) (d) begins on the date of the action revoking the license, not on the effective date of the revocation. Reusch v. City of Baraboo, 85 Wis. 2d 294
, 270 N.W.2d 229
A town had authority outside this section to require a building permit for a mobile home located outside a mobile home park and that the mobile home be connected to a well and septic system. Town of Clearfield v. Cushman, 150 Wis. 2d 10
, 440 N.W.2d 777
A state university is not subject to local licensing in the operation of a university mobile home park. 60 Atty. Gen. 7.
A town cannot have a more restrictive ordinance regulating use and location of mobile homes outside of mobile home parks than the county. 60 Atty. Gen. 131.
A town board that has given conditional approval to plans for a mobile home park has power to alter conditions as long as it acts reasonably. Molgaard v. Town of Caledonia, 527 F. Supp. 1073
OFFICERS AND EMPLOYEES
Eligibility for office. 66.0501(1)
Deputy sheriffs and municipal police.
No person may be appointed deputy sheriff of any county or police officer for any city, village or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.
(2) Eligibility of other officers.
Except as expressly authorized by statute, no member of a town, village or county board, or city council, during the term for which the member is elected, is eligible for any office or position which during that term has been created by, or the selection to which is vested in, the board or council, but the member is eligible for any elective office. The governing body may be represented on city, village or town boards and commissions where no additional compensation, except a per diem, is paid to the representatives of the governing body and may fix the tenure of these representatives notwithstanding any other statutory provision. A representative of a governing body who is a member of a city, village or town board or commission may receive a per diem only if the remaining members of the board or commission may receive a per diem. This subsection does not apply to a member of any board or council described in this subsection who resigns from the board or council before being appointed to an office or position which was not created during the member's term in office.
(3) Appointments on consolidation of offices.
Whenever offices are consolidated, the occupants of which are members of the same statutory committee or board and which are serving in that office because of holding another office or position, the common council or village board may designate another officer or officers or make any additional appointments as may be necessary to procure the number of committee or board members provided for by statute.
(4) Compatible offices and positions.
A volunteer fire fighter, emergency medical technician, or first responder in a city, village, or town whose annual compensation from one or more of those positions, including fringe benefits, does not exceed the amount specified in s. 946.13 (2) (a)
may also hold an elective office in that city, village, or town. It is compatible with his or her office for an elected town officer to receive wages under s. 60.37 (4)
for work that he or she performs for the town.
"Political subdivision" means a city, village, town, or county.
"Public employee" means any individual employed by a political subdivision, other than an individual to whom s. 164.06
applies and other than an individual to whom 5 USC 1502
(a) (3) applies.
No political subdivision may prohibit a public employee from being a candidate for any elective public office, if that individual is otherwise qualified to be a candidate. No public employee may be required, as a condition of being a candidate for any elective public office, to take a leave of absence during his or her candidacy. This subsection does not affect the authority of a political subdivision to regulate the conduct of a public employee while the public employee is on duty or otherwise acting in an official capacity.
A citizenship requirement for peace officers is constitutional. 68 Atty. Gen. 61.
The offices of commissioner of a town sanitary district and supervisor of a town board are incompatible when the town board also serves as the appointing authority for the commissioners. 69 Atty. Gen. 108.
Combination of municipal offices. 66.0503(1)
The office of county supervisor may be consolidated by charter ordinance under s. 66.0101
With the office of village president in any village which has boundaries coterminous with the boundaries of any supervisory district established under s. 59.10 (3)
With the office of alderperson or council member in any city in which the district from which the alderperson or council member is elected is coterminous with the boundaries of any supervisory district established under s. 59.10 (3)
After the effective date of adoption or repeal of a charter ordinance under this section, the clerk of the municipality shall file a copy of the ordinance with the clerk of the county within which the supervisory district lies. When so consolidated, nomination papers shall contain that number of signatures required under s. 8.10
for county supervisors and shall be filed in the office of the county clerk.
Removal from office of any incumbent of an office consolidated under this section vacates the office in its entirety whether effected under ss. 17.09
or other pertinent statute.
Compensation for an office consolidated under this section shall be separately established by the several governing bodies affected by the consolidation as though no consolidation of offices had occurred.
Tenure for an officer of an office consolidated under this section shall coincide with the term for county supervisors.
Compensation of governing bodies.
An elected official of any county, city, town or village, who by virtue of the office held by that official is entitled to participate in the establishment of the salary attending that office, shall not during the term of the office collect salary in excess of the salary provided at the time of that official's taking office. This provision is of statewide concern and applies only to officials elected after October 22, 1961.
History: 1991 a. 316
; 1993 a. 213
; 1999 a. 150
; Stats. 1999 s. 66.0505.
Automatic salary schedules.
Whenever the governing body of any city, village or town by ordinance adopts a salary schedule for some or all employees and officers of the city, village or town, other than members of the city council or village or town board, the salary schedule may include an automatic adjustment for some or all of the personnel in conformity with fluctuations upwards and downwards in the cost of living, notwithstanding ss. 60.32
, 62.09 (6)
and 62.13 (7)
History: 1971 c. 125
s. 522 (1)
; 1971 c. 154
; 1985 a. 225
; 1993 a. 246
; 1999 a. 150
; Stats. 1999 s. 66.0507.
Civil service system; veterans preference. 66.0509(1)(1)
Any city or village may proceed under s. 61.34 (1)
, 62.11 (5)
to establish a civil service system of selection, tenure and status, and the system may be made applicable to all municipal personnel except the chief executive and members of the governing body, members of boards and commissions including election officials, employees subject to s. 62.13
, members of the judiciary and supervisors. Any town may establish a civil service system under this subsection. For veterans there shall be no restrictions as to age, and veterans and their spouses shall be given preference points in accordance with s. 230.16 (7)
. The system may also include uniform provisions in respect to attendance, leave regulations, compensation and payrolls for all personnel included in the system. The governing body of any city, village or town establishing a civil service system under this section may exempt from the system the librarians and assistants subject to s. 43.09 (1)
Any town may establish a civil service system under sub. (1)
and in the departments that the town board may determine. Any person who has been employed in a department for more than 5 years before the establishment of a civil service system applicable to that department is eligible to appointment without examination.
Any town not having a civil service system and having exercised the option of placing assessors under civil service under s. 60.307 (3)
may establish a civil service system for assessors under sub. (1)
, unless the town has come within the jurisdiction of a county assessor under s. 70.99
When any town has established a system of civil service, the ordinance establishing the system may not be repealed for a period of 6 years after its enactment, and after the 6-year period it may be repealed only by proceedings under s. 9.20
by referendum vote. This subsection does not apply if a town comes, before the expiration of the 6 years, within the jurisdiction of a county assessor under s. 70.99
Any civil service system established under the provisions of this section shall provide for the appointment of a civil service board or commission and for the removal of the members of the board or commission for cause by the mayor with approval of the council, by the city manager and the council in a city organized under ss. 64.01
, and by the board in a village or town.
All examinations given in a civil service system established under this section, including minimum training and experience requirements, for positions in the classified service shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board or commission appointed under sub. (4)
. All relevant experience, whether paid or unpaid, shall satisfy experience requirements.
Law enforcement agency policies on use of force and citizen complaint procedures. 66.0511(2)
(2) Use of force policy.
Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a policy or standard regulating the use of force by law enforcement officers in the performance of their duties.
(3) Citizen complaint procedure.
Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a specific procedure for processing and resolving a complaint by any person regarding the conduct of a law enforcement officer employed by the agency. The writing prepared under this subsection shall include a conspicuous notification of the prohibition and penalty under s. 946.66
History: 1987 a. 131
; 1997 a. 176
; 1999 a. 150
; Stats. 1999 s. 66.0511.
Police, pay when acting outside county or municipality. 66.0513(1)(1)
Any chief of police, sheriff, deputy sheriff, county traffic officer or other peace officer of any city, county, village or town, who is required by command of the governor, sheriff or other superior authority to maintain the peace, or who responds to the request of the authorities of another municipality, to perform police or peace duties outside territorial limits of the city, county, village or town where the officer is employed, is entitled to the same wage, salary, pension, worker's compensation, and all other service rights for this service as for service rendered within the limits of the city, county, village or town where regularly employed.
All wage and disability payments, pension and worker's compensation claims, damage to equipment and clothing, and medical expense arising under sub. (1)
, shall be paid by the city, county, village or town regularly employing the officer. Upon making the payment the city, county, village or town shall be reimbursed by the state, county or other political subdivision whose officer or agent commanded the services out of which the payments arose.
History: 1975 c. 147
; 1999 a. 150
; Stats. 1999 s. 66.0513.
The use of the phrase "required by command" in sub. (1) plainly does not mean that officers who volunteer to go to another city, county, village, or town are excluded from worker's compensation and other benefits. A governmental body obligated to reimburse another for worker's compensation payments under this section is obligated under worker's compensation law for purposes of worker's compensation insurance coverage. Milwaukee County v. Juneau County, 2004 WI App 23, 269 Wis. 2d 730
, 676 N.W.2d 513
Receipts for fees.
Every officer or employee upon receiving fees shall, if requested to do so by the person paying the fees, deliver to that person a receipt for the fees, specifying for which account each portion of the fees respectively accrued.
History: 1991 a. 316
; 1999 a. 150
; Stats. 1999 s. 66.0515.
Town, village and city weed commissioner.
The chairperson of each town, the president of each village and the mayor of each city may appoint one or more commissioners of noxious weeds on or before May 15 in each year. A weed commissioner shall take the official oath and the oath shall be filed in the office of the town, village or city clerk. A weed commissioner shall hold office for one year and until a successor has qualified or the town chairperson, village president or mayor determines not to appoint a weed commissioner. If more than one commissioner is appointed, the town, village or city shall be divided into districts by the officer making the appointment and each commissioner shall be assigned to a different district. The town chairperson, village president or mayor may appoint a resident of any district to serve as weed commissioner in any other district of the same town, village or city.
County weed commissioner.
A county may by resolution adopted by its county board provide for the appointment of a county weed commissioner and determine the duties, term and compensation for the county weed commissioner. When a weed commissioner has been appointed under this paragraph and has qualified, the commissioner has the powers and duties of a weed commissioner described in this section. Each town chairperson, village president or mayor may appoint one or more deputy weed commissioners, who shall work in cooperation with the county weed commissioner in the district assigned by the appointing officer.
Destruction of noxious weeds.
A weed commissioner shall investigate the existence of noxious weeds in his or her district. If a person in a district neglects to destroy noxious weeds as required under s. 66.0407 (3)
, the weed commissioner shall destroy, or have destroyed, the noxious weeds in the most economical manner. A weed commissioner may enter upon any lands that are not exempt under s. 66.0407 (5)
and cut or otherwise destroy noxious weeds without being liable to an action for trespass or any other action for damages resulting from the entry and destruction, if reasonable care is exercised.
Except as provided in sub. (2) (b)
, a weed commissioner shall receive compensation for the destruction of noxious weeds as determined by the town board, village board, or city council upon presenting to the proper treasurer the account for noxious weed destruction, verified by oath and approved by the appointing officer. The account shall specify by separate items the amount chargeable to each piece of land, describing the land, and shall, after being paid by the treasurer, be filed with the town, village, or city clerk. The clerk shall enter the amount chargeable to each tract of land in the next tax roll in a column headed "For the Destruction of Weeds", as a tax on the lands upon which the weeds were destroyed. The tax shall be collected under ch. 74
, except in case of lands which are exempt from taxation, railroad lands, or other lands for which taxes are not collected under ch. 74
. A delinquent tax may be collected as is a delinquent real property tax under chs. 74
or as is a delinquent personal property tax under ch. 74
. In case of railroad lands or other lands for which taxes are not collected under ch. 74
, the amount chargeable against these lands shall be certified by the town, village, or city clerk to the secretary of administration who shall add the amount designated to the sum due from the company owning, occupying, or controlling the lands specified. The secretary of administration shall collect the amount chargeable as prescribed in subch. I of ch. 76
and return the amount collected to the town, city, or village from which the certification was received.
For the performance of duties other than the destruction of noxious weeds, a weed commissioner shall receive compensation to be determined by the town board, village board or city council.
History: 1999 a. 150
; 2003 a. 33