LRB-1301/1
RNK:jld:jf
2005 - 2006 LEGISLATURE
August 5, 2005 - Introduced by Representatives Albers, Ainsworth, Townsend,
Musser, McCormick, Gronemus and Montgomery, cosponsored by Senators
Reynolds and Brown. Referred to Committee on Property Rights and Land
Management.
AB597,1,2
1An Act to create 807.16 of the statutes;
relating to: remedies in certain actions
2concerning building code or zoning ordinance violations.
Analysis by the Legislative Reference Bureau
This bill specifies that, in any action in which a party seeks an order directing
a person to raze, move, or modify a structure located on real property owned by the
person on the basis that the structure violates a building code or zoning ordinance
of a county, city, village, or town (political subdivision), any political subdivision that
issued a permit for the construction of the structure must be made a party to the
action. If the permit was issued based upon an accurate application, if the structure
was constructed in accordance with the permit, if the violation is not due to damage
to or other change in the structure arising after the construction of the structure, and
if the person who owns the property consents, the court may order the political
subdivision to grant a variance for the structure. If the court orders the person to
raze the structure, the court must order the political subdivision to pay to the person
an amount equal to the sum of all of the following: a) the reasonable attorney fees
incurred by the person in defending the action; b) any fees paid by the person to the
political subdivision with regard to the construction of the structure; c) the total cost
of labor and materials for construction of the structure; and d) the total cost of razing
the structure. If the court orders the person to move or modify the structure, the
court must order the political subdivision to pay to the person an amount equal to
the sum of all of the following: a) the reasonable attorney fees incurred by the person
in defending the action; b) any fees paid by the person to the political subdivision with
regard to the construction of the structure; and c) the total cost of moving or
modifying the structure. The remedies provided under this bill may be ordered in
addition to or in lieu of any other remedy provided by law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB597, s. 1
1Section
1. 807.16 of the statutes is created to read:
AB597,2,4
2807.16 Actions concerning building code or zoning ordinance
3violations. (1) In this section, "political subdivision" means a county, city, village,
4or town.
AB597,2,9
5(2) In any action in which a party seeks an order directing a person to raze,
6move, or modify a structure located on real property owned by the person on the basis
7that the structure violates a building code or zoning ordinance of a political
8subdivision, any political subdivision that issued a permit for the construction of the
9structure shall be made a party to the action.
AB597,2,15
10(3) The court may order a political subdivision that is made a party to an action
11under sub. (2) to grant a variance for the structure if the construction permit was
12issued based upon an accurate application, if the structure was constructed in
13accordance with the permit, if the violation is not due to damage to or other change
14in the structure arising after the construction of the structure, and if the person who
15owns the property consents to the variance.
AB597,2,21
16(4) If the construction permit was issued based upon an accurate application,
17if the structure was constructed in accordance with the permit, if the violation is not
18due to damage to or other change in the structure arising after the construction of
19the structure, and if the court orders the person to raze the structure, the court shall
20order the political subdivision to pay to the person an amount equal to the sum of all
21of the following:
AB597,3,1
1(a) The reasonable attorney fees incurred by the person in defending the action.
AB597,3,32
(b) Any fees paid by the person to the political subdivision with regard to the
3construction of the structure.
AB597,3,44
(c) The total cost of labor and materials for construction of the structure.
AB597,3,55
(d) The total cost of razing the structure.
AB597,3,11
6(5) If the construction permit was issued based upon an accurate application,
7if the structure was constructed in accordance with the permit, if the violation is not
8due to damage to or other change in the structure arising after the construction of
9the structure, and if the court orders the person to move or modify the structure, the
10court shall order the political subdivision to pay to the person an amount equal to the
11sum of all of the following:
AB597,3,1212
(a) The reasonable attorney fees incurred by the person in defending the action.
AB597,3,1413
(b) Any fees paid by the person to the political subdivision with regard to the
14construction of the structure.
AB597,3,1515
(c) The total cost of moving or modifying the structure.
AB597,3,17
16(6) The court may order the remedies authorized under subs. (4) and (5) in
17addition to or in lieu of any other remedy provided by law.
AB597,3,2019
(1) This act first applies to actions commenced on the effective date of this
20subsection.
