66.05 Annotation
The 30-day time limitation within which an owner may apply to the circuit court for an order restraining a municipality from razing a building as prescribed in 66.05 (3), Stats. 1969, merely calls for an application to the court within the 30-day period; hence service of the application or resultant order need not be made within that period although, as provided in the statute, a hearing on the merits of the controversy must be held within 20 days. Berkoff v. Dept. of Building Inspection, 47 W (2d) 215, 177 NW (2d) 142.
66.05 Annotation
The owner has no option to repair buildings ordered razed where the cost of repair would be unreasonable, i.e., exceeding 50% of value. Appleton v. Brunschweiler, 52 W (2d) 303, 190 NW (2d) 545.
66.05 Annotation
The statute only creates a presumption that repairs in excess of 50% are unreasonable but the property owner has the burden to show that presumption is unreasonable in the particular case. Posnanski v. City of West Allis, 61 W (2d) 461, 213 NW (2d) 51.
66.05 Annotation
Trial court exceeded authority in modifying building inspector's order to raze building by instead ordering repairs necessary to make building fit for human habitation where public had no access to building. Donley v. Boettcher, 79 W (2d) 393, 255 NW (2d) 574.
66.05 Annotation
Persons affected by razing order have exclusive remedy under (3). Gehr v. Sheboygan, 81 W (2d) 117, 260 NW (2d) 30.
66.05 Annotation
City was properly held in contempt for razing building protected by foreclosure judgment. Mohr v. Milwaukee, 106 W (2d) 80, 315 NW (2d) 504 (1982).
66.05 Annotation
Land contract vendor is not an owner of real estate under this section. City of Milwaukee v. Greenberg, 163 W (2d) 28, 471 NW (2d) 33 (1991).
66.05 Annotation
See note to 32.19, citing Devines v. Maier, 728 F (2d) 876 (1984).
66.051
66.051
Power of municipalities to prohibit criminal conduct. 66.051(1)(1) The board or council of any town, village or city may:
66.051(1)(a)
(a) Prohibit all forms of gambling and fraudulent devices and practices;
66.051(1)(b)
(b) Cause the seizure of anything devised solely for gambling or found in actual use for gambling and cause the destruction of any such thing after a judicial determination that it was used solely for gambling or found in actual use for gambling;
66.051(1)(bm)
(bm) Enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in
s. 961.01 (14), subject to the exceptions in
s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this paragraph; and
66.051(2)
(2) Except as provided in
sub. (3), nothing in this section may be construed to preclude cities, villages and towns from prohibiting conduct which is the same as or similar to that prohibited by
chs. 941 to
948.
66.051(3)
(3) The board or council of a city, village or town may not, by ordinance, prohibit conduct which is the same as or similar to conduct prohibited by
s. 944.21.
66.051 Annotation
See note to 161.001, citing 63 Atty. Gen. 107, concerning marijuana penalties.
66.052
66.052
Offensive industry. 66.052(1)(1) Any common council or village board may direct the location, management and construction of, and license, regulate or prohibit any industry, thing or place where any nauseous, offensive or unwholesome business is carried on, that is within the city or village or within 4 miles of the boundaries of the city or village, except that the Milwaukee, Menominee and Kinnickinnic rivers with their branches to the outer limits of the county of Milwaukee, and all canals connecting with said rivers, together with the lands adjacent to said rivers and canals or within 100 yards of them, are deemed to be within the jurisdiction of the city of Milwaukee. Any town board shall have the same powers as are provided in this section for cities and villages, as to the area within the town that is not licensed, regulated or prohibited by any city or village under this section. Any business that is conducted in violation of any city, village or town ordinance that is authorized to be enacted under this section is a public nuisance. An action for the abatement or removal of the business or to obtain an injunction to prevent operation of the business may be brought and maintained by the common council or village or town board in the name of this state on the relation of such city, village or town as provided in
ss. 823.01,
823.02 and
823.07, or as provided in
s. 254.58.
Section 97.42 may not limit the powers granted by this section.
Section 95.72 may not limit the powers granted by this section to cities or villages but powers granted to towns by this section are limited by
s. 95.72 and by any orders and rules promulgated under
s. 95.72.
66.052(2)
(2) Any city or village may, subject to the approval of the town board of such town, by ordinance enact reasonable regulations governing areas where refuse, rubbish, ashes or garbage shall be dumped or accumulated in any town within one mile of the corporate limits of such city or village, so as to prevent nuisance.
66.052 History
History: 1973 c. 206; Sup. Ct. Order, 67 W (2d) 585, 774 (1975);
1993 a. 27.
66.052 Annotation
The social and economic roots of judge-made air pollution policy in Wisconsin. Laitos, 58 MLR 465.
66.053
66.053
Licenses for nonintoxicating and soda water beverages. 66.053(1)(a)(a) Each town board, village board and common council shall grant licenses to such persons as they deem proper for the sale of beverages containing less than one-half of one per centum of alcohol by volume to be consumed on the premises where sold and to manufacturers, wholesalers, retailers and distributors of such beverages, for which a license fee of not less than $5 nor more than $50, to be fixed by the board or council, shall be paid, except that where such beverages are sold, not to be consumed on the premises, the license fee shall be $5. Such license shall be issued by the town, village or city clerk, shall designate the specific premises for which granted and shall expire the thirtieth day of June thereafter. The full license fee shall be charged for the whole or a fraction of the year. No such beverages shall be manufactured, sold at wholesale or retail or sold for consumption on the premises, or kept for sale at wholesale or retail, or for consumption on the premises where sold without such license.
66.053(1)(am)
(am) In case of removal of the place of business from the premises designated in the license to another location in the town, village or city within the license period, the licensee shall give notice of such change of location, and the license shall be amended accordingly without payment of additional fee. No such license, however, shall be transferable from one person to another.
66.053(1)(b)
(b) No license or permit may be granted to any person, unless to a domestic corporation or domestic limited liability company, not a resident of this state and of the town, village or city in which the license is applied for, nor, subject to
ss. 111.321,
111.322 and
111.335, to any person who has been convicted of a felony, unless the person has been restored to civil rights.
66.053(1)(c)
(c) Each town board, village board and common council shall have authority by resolution or ordinance to adopt such regulations as it may deem reasonable and necessary regarding the location of licensed premises, the conduct thereof, the sale of beverages containing less than one-half of one per centum of alcohol by volume and the revocation of any license or permit.
66.053(2)
(2) Soda water beverages. Each town board, village board and common council of any city may grant licenses to such persons as they deem proper for the sale of soda water beverages, as defined in
s. 97.34, to be consumed on or off the premises where sold. Such license fee shall be fixed by such governing body of such city, village or town but shall not exceed $5. The license shall be issued by the town, city or village clerk, shall designate the specific premises for which granted and shall expire on the thirtieth day of June thereafter. Each such governing body shall have authority by resolution or ordinance to adopt such regulations as it may deem reasonable and necessary regarding the location of licensed premises, the conduct thereof and the revocation of any such license.
66.057
66.057
Minimum acreage of cemeteries. A city, village or town may enact and enforce an ordinance that does any of the following:
66.057(1)
(1) Allows a cemetery consisting of less than the minimum acreage specified in
s. 157.128 (1) to be dedicated, as defined in
s. 157.061 (4), in that city, village or town.
66.057(2)
(2) Allows a person to establish and use a public mausoleum in a cemetery consisting of less than the minimum acreage specified in
s. 157.12 (2) (c).
66.057 History
History: 1991 a. 269.
66.058
66.058
Mobile home parks. 66.058(1)(1)
Definitions. For the purposes of this section:
66.058(1)(a)
(a) "Dependent mobile home" means a mobile home which does not have complete bathroom facilities.
66.058(1)(b)
(b) "Licensee" means any person licensed to operate and maintain a mobile home park under this section.
66.058(1)(c)
(c) "Licensing authority" means the city, town or village wherein a mobile home park is located.
66.058(1)(d)
(d) "Mobile home" is that which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any additions, attachments, annexes, foundations and appurtenances.
66.058(1)(e)
(e) "Mobile home park" means any plot or plots of ground upon which 2 or more units, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodation.
66.058(1)(f)
(f) "Nondependent mobile home" means a mobile home equipped with complete bath and toilet facilities, all furniture, cooking, heating, appliances and complete year round facilities.
66.058(1)(h)
(h) "Person" means any natural individual, firm, trust, partnership, association, corporation or limited liability company.
66.058(1)(i)
(i) "Space" means a plot of ground within a mobile home park, designed for the accommodation of one mobile home unit.
66.058(2)
(2) License and revocation or suspension thereof. 66.058(2)(a)(a) It shall be unlawful for any person to maintain or operate within the limits of any city, town or village, any mobile home park unless such person shall first obtain from the city, town or village a license therefor. All such parks in existence on August 9, 1953 shall within 90 days thereafter, obtain such license, and in all other respects comply fully with the requirements of this section except that the licensing authority shall upon application of a park operator, waive such requirements that require prohibitive reconstruction costs if such waiver does not affect sanitation requirements of the city, town or village or create or permit to continue any hazard to the welfare and health of the community and the occupants of the park.
66.058(2)(b)
(b) In order to protect and promote the public health, morals and welfare and to equitably defray the cost of municipal and educational services required by persons and families using or occupying trailers, mobile homes, trailer camps or mobile home parks for living, dwelling or sleeping purposes, each city council, village board and town board may establish and enforce by ordinance reasonable standards and regulations for every trailer and trailer camp and every mobile home and mobile home park; require an annual license fee to operate the same and levy and collect special assessments to defray the cost of municipal and educational services furnished to such trailer and trailer camp, or mobile home and mobile home park. They may limit the number of units, trailers or mobile homes that may be parked or kept in any one camp or park, and limit the number of licenses for trailer camps or parks in any common school district, if the mobile housing development would cause the school costs to increase above the state average or if an exceedingly difficult or impossible situation exists with regard to providing adequate and proper sewage disposal in the particular area. The power conferred on cities, villages and towns by this section is in addition to all other grants and shall be deemed limited only by the express language of this section.
66.058(2)(c)
(c) In any town in which the town board enacts an ordinance regulating trailers under the provisions of this section and has also enacted and approved a county zoning ordinance under the provisions of
s. 59.69, the provisions of the ordinance which is most restrictive shall apply with respect to the establishment and operation of any trailer camp in said town.
66.058(2)(d)
(d) Any license granted under the provisions of this section shall be subject to revocation or suspension for cause by the common council, village board or town board that issued the license upon complaint filed with the clerk of the city, village or town signed by any law enforcement officer, local health officer, as defined in
s. 250.01 (5), or building inspector after a public hearing upon the complaint, provided that the holder of the license shall be given 10 days' notice in writing of the hearing, and the holder of the license shall be entitled to appear and be heard as to why the license shall not be revoked. Any holder of a license that is revoked or suspended by the governing body of any city, village or town may within 20 days of the date of the revocation or suspension appeal therefrom to the circuit court of the county in which the trailer camp or mobile home park is located by filing a written notice of appeal with the city, village or town clerk, together with a bond executed to the city, village or town, in the sum of $500 with 2 sureties or a bonding company approved by the said clerk, conditioned for the faithful prosecution of the appeal and the payment of costs adjudged against the license holder.
66.058(3)
(3) License and monthly mobile home fee; review. 66.058(3)(a)(a) The licensing authority shall exact from the licensee an annual license fee of not less than $25 and not more than $100 for each 50 spaces or fraction thereof within each mobile home park within its limits, except that where the park lies in more than one municipality the amount of the license fee shall be such fraction thereof as the number of spaces in the park in the municipality bears to the entire number of spaces in the park.
66.058(3)(b)
(b) The licensing authority may collect a fee of $10 for each transfer of a license.
66.058(3)(c)1.1. In addition to the license fee provided in
pars. (a) and
(b), each local taxing authority shall collect from each mobile home occupying space or lots in a park in the city, town or village, except from mobile homes that constitute improvements to real property under
s. 70.043 (1) and from recreational mobile homes and camping trailers as defined in
s. 70.111 (19), a monthly parking permit fee computed as follows:
66.058(3)(c)1.a.
a. On January 1, the assessor shall determine the total fair market value of each mobile home in the taxation district subject to the monthly parking permit fee.
66.058(3)(c)1.b.
b. The fair market value, determined under
subd. 1. a., minus the tax-exempt household furnishings thus established, shall be equated to the general level of assessment for the prior year on other real and personal property in the district.
66.058(3)(c)1.c.
c. The value of each mobile home, determined under
subd. 1. b., shall be multiplied by the general property gross tax rate, less any credit rate for the property tax relief credit, established on the preceding year's assessment of general property.
66.058(3)(c)1.d.
d. The total annual parking permit fee, computed under
subd. 1. c., shall be divided by 12 and shall represent the monthly mobile home parking permit fee.
66.058(3)(c)2.
2. The monthly parking permit fee shall be applicable to mobile homes moving into the tax district any time during the year. The park operator shall furnish information to the tax district clerk and the assessor on mobile homes added to the park within 5 days after their arrival, on forms prescribed by the department of revenue. As soon as the assessor receives the notice of an addition of a mobile home to a park, the assessor shall determine its fair market value and notify the clerk of that determination. The clerk shall equate the fair market value established by the assessor and shall apply the appropriate tax rate, divide the annual parking permit fee thus determined by 12 and notify the mobile home owner of the monthly fee to be collected from the mobile home owner. Liability for payment of the fee shall begin on the first day of the next succeeding month and shall remain on the mobile home only for such months as the mobile home remains in the tax district.
66.058(3)(c)3.
3. A new monthly parking permit fee and a new valuation shall be established each January and shall continue for that calendar year.
66.058(3)(c)4.
4. The valuation established shall be subject to review as are other values established under
ch. 70. If the board of review reduces a valuation on which previous monthly payments have been made the tax district shall refund past excess fee payments.
66.058(3)(c)5.
5. The monthly parking permit fee shall be paid by the mobile home owner to the local taxing authority on or before the 10th of the month following the month for which such parking permit fee is due.
66.058(3)(c)6.
6. The licensee of a park shall be liable for the monthly parking permit fee for any mobile home occupying space therein as well as the owner and occupant thereof. A municipality, by ordinance, may require the mobile home park operator to collect the monthly parking permit fee from the mobile home owner.
66.058(3)(c)7.
7. No monthly parking permit fee shall be imposed for any space occupied by a mobile home accompanied by an automobile for an accumulating period not to exceed 60 days in any 12 months if the occupants of the mobile home are tourists or vacationists. Exemption certificates in duplicate shall be accepted by the treasurer of the licensing authority from qualified tourists or vacationists in lieu of monthly mobile home parking permit fees.
66.058(3)(c)8.
8. The credit under
s. 79.10 (9) (bm), as it applies to the principal dwelling on a parcel of taxable property of an owner shall apply 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 no later than January 31. 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, as defined in
s. 79.10 (1) (f). 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).
66.058(3)(d)
(d) This section shall not apply where a mobile home park is owned and operated by any county under the provisions of
s. 59.52 (16) (b).
66.058(3)(e)
(e) 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 such land shall be required to 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 contained in this subsection shall prohibit the regulation thereof by local ordinance.
66.058(3)(g)
(g) Failure to timely pay the tax hereunder shall be treated in all respects like a default in payment of personal property tax and shall be subject to all procedures and penalties applicable thereto under
chs. 70 and
74.
66.058(3)(h)
(h) Each local governing body is empowered to enact an ordinance providing a forfeiture of up to $25 for the failure to comply with the reporting requirements of
par. (c) or
(e). Each failure to report shall be regarded as a separate offense.
66.058(3m)
(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.
66.058(4)
(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:
66.058(4)(b)
(b) The location and legal description of the mobile home park.
66.058(5)
(5) Plans and specifications to be filed. Accompanying, and to be filed with an original application for a mobile home park, shall be plans and specifications which shall be in compliance with all applicable city, town or village ordinances and provisions of the department of health and family services. The clerk after approval of the application by the governing body 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) shall not be required to provide a service building.
66.058(6)
(6) Renewal of license. Upon application by any licensee and after approval by the governing body of the city, town or village and upon payment of the annual license fee, the clerk of the city, town or village 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 city, town or village.
66.058(7)
(7) Transfer of license; fee. Upon application for a transfer of license the clerk of the city, town or village after approval of the application by the governing body shall issue a transfer upon payment of the required $10 fee.
66.058(8)
(8) Distribution of fees. The municipality 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 municipality 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 municipality. 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.
66.058 Annotation
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), 1981 stats. [now 60.61 (4)] is void. Edelbeck v. Town of Theresa, 57 W (2d) 172, 203 NW (2d) 694.
66.058 Annotation
Time for appeal under sub. (2) (d) begins on date of action revoking license, not on effective date of revocation. Reusch v. City of Baraboo, 85 W (2d) 294, 270 NW (2d) 229 (1978).
66.058 Annotation
State university is not subject to local licensing in the operation of a university mobile home park. 60 Atty. Gen. 7.
66.058 Annotation
Town cannot have more restrictive ordinance regulating use and location of mobile homes outside mobile home parks than county. 60 Atty. Gen. 131.
66.058 Annotation
Town board which has given conditional approval to plans for mobile home park has power to alter conditions as long as it acts reasonably. Molgaard v. Town of Caledonia, 527 F Supp. 1073 (1981).
66.0585
66.0585
Municipalities; parking fees on mobile homes. Any municipality may assess parking fees at the rates under
s. 66.058 on mobile homes, as defined in
s. 70.111 (19) except mobile homes which are located in campgrounds licensed under
s. 254.47 and mobile homes which are located on land where the principal residence of the owner of the mobile home is located, regardless of whether or not the mobile home is occupied during all or part of any calendar year.
