66.345
66.345
Special assessments by towns. Any town board may levy special assessments against lands or interests specially benefited for the amount expended by the town for removal and disposition of dead animals under
s. 60.23 (20), soil conservation work under
s. 66.34 and for snow removal under
s. 86.105. Such levy shall be a lien on the property against which it is levied on behalf of the town from the date of the determination of the assessment by the board. The board shall provide for the collection of the assessments and may establish penalties for payment after the due date, and shall provide that the assessments thereof which are not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property and all proceedings in relation to collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment.
66.345 History
History: 1983 a. 27;
1983 a. 532 s.
36.
66.35
66.35
Medical waste incinerator fees. 66.35(1)(b)
(b) "Municipality" means a city, village or town.
66.35(2)
(2) A municipality may, by ordinance, impose a fee, in accordance with rules promulgated under
s. 287.03 (1) (am), on the operator of a medical waste incinerator located in the municipality to cover the costs incurred because of the presence of the medical waste incinerator, including costs of monitoring emissions and of providing periodic notification to residents concerning the medical waste incinerator. The fee imposed under this section may not exceed $1 per ton of waste that is incinerated at the medical waste incinerator unless the municipality and the operator of the medical waste incinerator agree to a higher fee.
66.35 History
History: 1989 a. 335;
1995 a. 227.
66.36
66.36
Municipal financing; clean water fund program costs. Subject to the terms and conditions of its financial assistance agreement, a municipality may repay financial assistance costs received under the clean water fund program under
ss. 281.58 and
281.59 by any lawful method, including any one of the following methods or any combination thereof:
66.36(1)
(1) Payment out of its general funds.
66.36(2)
(2) Payment out of the proceeds of the sale of obligations issued by it under
ch. 67.
66.36(3)
(3) Payment out of the proceeds of the sale of public improvement bonds issued by it under
s. 66.059.
66.36(4)
(4) Payment out of the proceeds of revenue obligations issued by it under
s. 66.066.
66.36 History
History: 1989 a. 366;
1997 a. 27,
213.
66.365
66.365
Aids to municipalities; environmental damage compensation. The department of natural resources may make grants to any county, city, village or town for the acquisition or development of recreational lands and facilities from moneys appropriated under
s. 20.370 (2) (dv). Use and administration of the grant shall be consistent with any court order issued under
s. 283.87 (3). A county, city, village or town which receives a grant under this section is not required to share in the cost of a project under this section.
66.37
66.37
Bounties, local; false certificates. 66.37(1)
(1) The governing body of any county, town, city or village may direct that every person who kills any pocket gopher, or any streaked gopher, or any black, brown, gray or Norway rat, commonly known as the house rat or barn rat, or any mole, or any red or grey fox, or any coyote, or any wildcat, or any weasel shall be entitled to a reward as determined by the governing board of any county, town, city or village.
66.37(2)
(2) Any person claiming such reward shall exhibit the ears of the gopher or head of any other animal on which a bounty is payable to an officer designated by such governing body in its ordinance or resolution providing for such reward, and present an affidavit to such officer stating that said ears or head are of the animal the person killed, and that the person has not spared the life of any such animal within the person's power to kill. Such officer shall then issue a certificate in the following form:
State of Wisconsin,
County of ....
I, .... (designation of officer), do certify that .... has this day exhibited to me the head (or ears) of ...., which (he, she) claims to have killed in said (town, city, village), and that the head (or ears) of said .... was (were) destroyed in my presence, and that the said .... is on presentation of this certificate to the (town, city, village) clerk within 20 days from the date hereof, entitled to an order on the (town, city, village) treasurer for the sum of .... dollars, to be drawn from the general fund of said (town, city, village).
Dated this .... day of ...., .... (year)
.... (Designation of Officer) ....
66.37(3)
(3) The town, city or village clerk, respectively, shall on the production of the certificate of such officer, issue to the holder thereof an order on the town, city or village treasurer, respectively, for the amount stated in said certificate.
66.37(4)
(4) Whenever any county has authorized the reward provided for in this section, the treasurers of the various towns, cities and villages shall, at the close of their accounts on October 30 in each year certify to the county clerk the amount of money expended by their respective towns, cities and villages under this section. Such treasurer shall attach to the certificate an affidavit stating that the account is just and that his or her town, city or village has actually expended the amount therein stated. The certificate and affidavit shall be placed on file in the office of the county clerk and the account shall be audited by the county board and the amount thereof paid to the treasurers of the respective towns, cities and villages from any money in the general fund of the county not otherwise appropriated. The county board may by ordinance provide an alternative method of reimbursement whereby the county clerk may make direct payment to the claimant of the reward allowed by the county upon the presentation of the affidavit and certificate provided in
sub. (2).
66.37(5)
(5) Any county, city, village, or town clerk or conservation warden who knowingly makes any untrue or false certificate in respect to any animals on which a bounty is paid, and any person who obtains or endeavors to obtain any such certificate from such clerk or conservation warden by false or fraudulent misrepresentation or practices, and any person who knowingly obtains or endeavors to obtain a reward as provided in this section for the killing of any animal that has been raised, reared, harbored or held in captivity by anyone shall be fined not more than $500 or imprisoned not more than 9 months or both.
66.37 History
History: 1975 c. 91,
199,
365;
1977 c. 224 s.
11; Stats. 1977 s. 66.37;
1991 a. 316;
1997 a. 250.
66.375
66.375
Municipal rent control prohibited. 66.375(1)
(1) No city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit.
66.375(2)
(2) This section does not prohibit a city, village, town, county or housing authority or the Wisconsin housing and economic development authority from doing any of the following:
66.375(2)(a)
(a) Entering into a rental agreement which regulates rent or fees charged for the use of a residential rental dwelling unit it owns or operates.
66.375(2)(b)
(b) Entering into an agreement with a private person who regulates rent or fees charged for a residential rental dwelling unit.
66.375 History
History: 1991 a. 39.
66.38
66.38
Municipal mortgage housing assistance. 66.38(1)(1)
Definitions. In this section:
66.38(1)(a)
(a) "Debt service" means the amount due of principal, interest and premium for mortgage revenue bonds or revenue bonds issued under this section.
66.38(1)(b)
(b) "Dwelling" means any structure used or intended to be used for habitation with up to 2 separate units certified for occupancy by the city. "Dwelling" also means any housing cooperative incorporated under
ch. 185.
66.38(1)(c)
(c) "Lending institution" means any private business issuing home mortgages.
66.38(1)(d)
(d) "Municipality" means any city with a population greater than 75,000.
66.38(1)(e)
(e) "Owner-occupied dwelling" means a dwelling in which the owner occupies or will occupy any unit.
66.38(2)(a)(a) The legislative body of any municipality may adopt a resolution, authorizing the municipality to:
66.38(2)(a)1.
1. Issue mortgage loans with an interest rate less than the lowest rate available at lending institutions within the municipality, for the purchase or construction of any owner-occupied dwelling located within an area described in
sub. (3). Financing for rehabilitation or home improvements may be made available as part of these loans.
66.38(2)(a)2.
2. Issue loans to any lending institution within the municipality that agrees to loan the money at designated terms for the purchase, purchase and rehabilitation or construction of any owner-occupied dwelling located within an area described in
sub. (3).
66.38(2)(a)3.
3. Foreclose any mortgage and sell the mortgaged property for collection purposes if the mortgagor defaults on the payment of principal and interest of a loan issued under this section.
66.38(2)(b)
(b) The resolution shall designate each area in which dwellings are eligible for loans.
66.38(2)(c)
(c) No loan may be issued to purchase, purchase and rehabilitate or construct a dwelling that violates applicable provisions of the one- and 2-family dwelling code under
ss. 101.60 to
101.66, or that violates any ordinance the municipality adopts regulating the dwelling. If the dwelling is found to be violating the dwelling code or any ordinance after issuance of the loan, the loan shall default. The municipality may require the full loan to become due or may increase the interest rate to the maximum allowable. The municipality may defer imposing a penalty for up to one year after the violation is found to exist.
66.38(3)
(3) Eligible areas. Owner-occupied dwellings in any area of the municipality are eligible for loans under this section if any 2 of the following conditions exist:
66.38(3)(a)
(a) The median assessed property value of one- and 2-family dwellings in the area is less than or equal to 80% of the median assessed property value of one- and 2-family dwellings in the municipality.
66.38(3)(b)
(b) The median family income of the area is less than or equal to 80% of the median family income of the municipality.
66.38(3)(c)
(c) The proportion of owner-occupied dwellings in the area is less than or equal to 80% of the proportion of owner-occupied dwellings in the municipality.
66.38(3)(d)
(d) The vacancy rate of dwellings in the area is greater than or equal to 120% of the vacancy rate of dwellings in the municipality.
66.38(4)(a)(a) The governing body of any municipality may issue revenue bonds by resolution, to finance low-interest mortgage loans under this section. The resolution shall state the maximum dollar amount of authorized bonds and the purpose for which the municipality may issue the bonds. The resolution shall state the terms, form and content of the bonds. These bonds may be registered under
s. 67.09.
66.38(4)(b)
(b) Debt service is payable solely from revenues received from the loans issued under this section. No mortgage revenue bond or revenue bond issued under this section is a debt of the municipality or a charge against the city's general credit or taxing powers. The municipality shall plainly state the provisions of this paragraph on the face of each mortgage revenue bond or revenue bond.
66.38(4)(c)
(c) The municipality shall use revenues from payment of the principal and interest of loans issued under this section to pay debt service. The municipality shall use any excess revenues to pay other costs accruing from the issuance of the loans. The municipality shall deposit any remaining revenues in a revolving fund of the municipal treasury, to use for additional loans under this section.
66.38(4)(d)
(d) The resolution may authorize appointment of a receiver to collect interest and principal on loans issued under this section for paying debt service, if the municipality defaults on paying debt service.
66.38 History
History: 1979 c. 221;
1983 a. 24,
27,
207.
66.39
66.39
Veterans' housing authorities. 66.39(1)
(1)
Veterans' housing research and studies. In addition to all the other powers, any housing authority created under
ss. 66.40 to
66.408 may, within its area of operation, either by itself or in cooperation with the department of veterans affairs, undertake and carry out studies and analyses of veterans' housing needs and of the meeting of such needs and make the results of such studies available to the public and the building, housing and supply industries.
66.39(2)
(2) Creation of county veterans' housing authorities. 66.39(2)(a)(a) In each county of the state there is hereby created a public body corporate and politic to be known as the "Veterans' Housing Authority of .... County", (Name of County) hereafter called "county authority"; provided, however, that such housing authority shall not transact any business or exercise its powers hereunder until or unless the board of supervisors, hereafter called the "governing body", of such county, by proper resolution, shall determine at any time hereafter that there is need for a veterans' housing authority to function in such county. The governing body shall give consideration as to the need for a veterans' housing authority (1) on its own motion or (2) upon the filing of a petition signed by 25 resident veterans of the county asserting that there is need for a veterans' housing authority to function in such county and requesting that its governing body so declare.
66.39(2)(b)
(b) The governing body may adopt a resolution declaring that there is need for a veterans' housing authority in the county whenever it shall find that (1) there is a shortage of safe or sanitary dwelling accommodations for veterans in such county, (2) that such shortage will not be alleviated within a reasonable length of time without the functioning of a veterans' housing authority.
66.39(3)
(3) Area of operation. The area of operation of the county authority shall include all of the county for which it is created.
66.39(4)
(4) Proof of powers to act. In any suit, action or proceedings involving the validity or enforcement of or relating to any contract of a county authority, such authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of the resolution required by
sub. (2) declaring the need for such authority. Each such resolution shall be deemed sufficient if it declares that there is such need for such authority. A copy of such resolution duly certified by the county clerk shall be admissible in evidence in any such action or proceeding.
66.39(5)
(5) Appointment, qualifications and tenure of commissioners. 66.39(5)(a)(a) When the governing body of a county adopts a resolution creating a county veterans' housing authority, said body shall appoint 5 persons as commissioners of the authority created for said county. The commissioners who are first appointed shall be designated to serve for terms of 1, 2, 3, 4 and 5 years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed as aforesaid for a term of office of 5 years, except that all vacancies shall be filled for the unexpired term, such appointments to be made by the official body making the original appointment. A commissioner may be removed by the body which appointed the commissioner by a two-thirds vote of all of the members elected to that body. Commissioners shall be reimbursed for their reasonable expenses incurred in the discharge of their duties. No such commissioner or employe of the authority shall acquire any interest direct or indirect in any housing project or in any property included or planned to be included in any project or have any interest direct or indirect in any contract or proposed contract for insurance, materials or services to be furnished or used in connection with any veterans' housing project. If any commissioner or employe of the authority owns or controls an interest direct or indirect in any property included or planned to be included in any veterans' housing project the commissioner or employe shall immediately disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Failure to so disclose such interest shall constitute misconduct in office.
66.39(5)(b)
(b) The powers of the county authority shall be vested in the commissioners thereof in office from time to time. A majority of the commissioners of such an authority shall constitute a quorum of such authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by a county authority upon a vote of a majority of the commissioners. Meetings of the commissioners of a county authority may be held anywhere within the county.
66.39(5)(c)
(c) At the first meeting of the commissioners after their appointment, they shall select one of their members as chairperson and one as secretary. The county treasurer shall be the treasurer of the board. The official bond of the county treasurer shall extend to cover funds of the authority that may be placed in the charge of the county treasurer. The county treasurer shall disburse money of the authority only upon direction of the commissioners. The county treasurer shall receive no compensation for services as treasurer of the board, but shall be entitled to necessary expenses, including traveling expenses incurred in the discharge of the duties of treasurer of the board. When the office of chairperson or secretary of the commissioners becomes vacant for any reason, the commissioners shall select a new chairperson or secretary as the case may be. The commissioners may employ technical experts, and such other officers, agents and employes, permanent or temporary, as it may require, and may call upon the district attorney of the county for such legal services as it may require.
66.39(6)
(6) Advances by municipalities to county veterans' housing authorities. The county, or any village, town or city within the county, shall have the power, from time to time, to lend or donate money to the county authority. Any such advance made as a loan may be made upon the condition that the housing authority shall repay the loan out of any money which becomes available to it for the construction of projects.
66.39(7)
(7) Powers of county veterans' housing authorities. Each county veterans' housing authority and the commissioners thereof shall, within its area of operation, have the following functions, rights, powers, duties, privileges, immunities and limitations:
66.39(7)(a)
(a) To provide for the construction, reconstruction, improvement, alteration or repair of any veterans' housing project or any part thereof.
66.39(7)(b)
(b) To purchase, lease, obtain options upon and acquire by gift, grant, bequest, devise or otherwise, any real or personal property or interest therein.
66.39(7)(c)
(c) To arrange or contract for the furnishing of services, privileges, works, or facilities for, or in connection with, a veterans' housing project, or the occupants thereof.
66.39(7)(d)
(d) To lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in any veterans' housing project and, subject to the limitations contained in
ss. 66.39 to
66.404, to establish and revise the rents or charges therefor.
66.39(7)(da)
(da) To contract for sale and to sell any part or all of the interest in real estate acquired and to execute such contracts of sale and conveyances as the authority may deem desirable.
66.39(7)(e)
(e) To acquire by eminent domain any real property, including improvements and fixtures thereon.
66.39(7)(f)
(f) To own, hold, clear and improve property, cause property to be surveyed and platted in its name; to insure or provide for the insurance of the property or operations of the authority against such risks as the authority may deem advisable.
66.39(7)(g)
(g) In connection with any loan, to agree to limitations upon its right to dispose of any housing project or part thereof.
66.39(7)(h)
(h) To invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control.
66.39(7)(i)
(i) To sue and be sued, to have a seal and to alter the same at its pleasure, to have perpetual succession, to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the authority.
66.39(7)(j)
(j) To make and from time to time amend and repeal bylaws, rules and regulations not inconsistent with
ss. 66.39 to
66.404, to carry into effect the powers and purposes of the authority.
66.39(7)(L)
(L) To exercise all or any part or combination of powers herein granted. No provisions of law with respect to the acquisition or disposition of property by other public bodies shall be applicable to an authority unless the legislature shall specifically so state.
66.39(7)(m)
(m) The bonds, notes, debentures or other evidences of indebtedness executed by an authority shall not be a debt or charge against any county, state or other governmental authority, other than against said housing authority itself and its available property, income or other assets in accordance with the terms thereof and of this section, and no individual liability shall attach for any official act done by any member of such authority. No such authority shall have the power to levy any tax or assessment. Provided, however, that for income or franchise tax purposes such bonds, notes, debentures or other evidences of indebtedness shall be deemed obligations of a political subdivision of this state.
66.39(8)
(8) Law applicable. Except as otherwise provided in this section,
s. 66.40 (10) to
(21) and
(24) (a) to
(am) applies to county veterans' housing authorities and to housing projects, bonds, other obligations and rights and remedies of obligees of the authorities, except that bonds of the authorities may not bear interest in excess of 3% per year.
66.39(9)
(9) Tax exemption on improvements. Veterans' housing improvements on property of an authority are declared to be public property and as long as the same remain under the jurisdiction of the authority or of bondholders who have proceeded under
s. 66.40 (13) to
(20) or
66.39 (8), all such improvements shall be exempt from all taxes of the state or any state public body; all real estate owned by an authority shall be assessed at no higher value than it was assessed for the tax year next preceding the date on which any such real estate was acquired by the authority and this provision shall continue in force as long as said real estate is under the jurisdiction of the authority or of bondholders who have proceeded under
s. 66.40 (13) to
(20) or
66.39 (8), provided, however, that the municipality in which a veterans' housing project is located may fix a sum to be paid annually for the services, improvements or facilities furnished to such project by such municipality which sum shall not exceed the amount of the tax which would be assessable against such improvements if they were not exempt from tax.
