1999 Wisconsin Act 150

Note: Restates the last 2 sentences of current s. 66.05 (2) (a), deleted by Section 139 .

150,102 Section 102 . 66.0413 (1) (d) of the statutes is created to read:

66.0413 (1) (d) Service of order. An order under par. (b) shall be served on the owner of record of the building that is subject to the order or on the owner's agent if the agent is in charge of the building in the same manner as a summons is served in circuit court. An order under par. (b) shall be served on the holder of an encumbrance of record by 1st class mail at the holder's last-known address and by publication as a class 1 notice under ch. 985. If the owner and the owner's agent cannot be found or if the owner is deceased and an estate has not been opened, the order may be served by posting it on the main entrance of the building and by publishing it as a class 1 notice under ch. 985 before the time limited in the order begins to run. The time limited in the order begins to run from the date of service on the owner or owner's agent or, if the owner and agent cannot be found, from the date that the order was posted on the building.

Note: Restates a portion of s. 66.05 (1m) (a).

150,103 Section 103 . 66.0413 (1) (k) of the statutes is created to read:

66.0413 (1) (k) Public nuisance procedure. A building which is determined under par. (b) 1. to be old, dilapidated or out of repair and consequently dangerous, unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to repair may be proceeded against as a public nuisance under ch. 823.

Note: Restates for convenience, in renumbered s. 66.0413, current s. 823.21.

150,104 Section 104. 66.0413 (1) (L) (title) of the statutes is created to read:

66.0413 (1) (L) (title) Effect of subsection.

150,105 Section 105. 66.0413 (2) (title) of the statutes is created to read:

66.0413 (2) (title) Razing building that is a public nuisance; in rem procedure.

150,106 Section 106 . 66.0413 (2) (a) 2. and 3. of the statutes are created to read:

66.0413 (2) (a) 2. "Public nuisance" means a building that, as a result of vandalism or any other reason, has deteriorated or is dilapidated or blighted to the extent that windows, doors or other openings, plumbing or heating fixtures, or facilities or appurtenances of the building are damaged, destroyed or removed so that the building offends the aesthetic character of the immediate neighborhood and produces blight or deterioration.

3. "Raze a building" means to demolish and remove the building and to restore the site to a dust-free and erosion-free condition.

Note: Restates s. 66.05 (8) (d), repealed by Section 147 of this bill.

150,107 Section 107. 66.0413 (3) (title) of the statutes is created to read:

66.0413 (3) (title) Razing historic buildings.

150,108 Section 108 . 66.0413 (4) (title) of the statutes is created to read:

66.0413 (4) (title) First class cities; other provisions.

150,109 Section 109. 66.042 of the statutes is renumbered 66.0607 and amended to read:

66.0607 Withdrawal or disbursement from local treasury. (1) Except as otherwise provided in subs. (2) to (5), in every a county, city, village, town and or school district, all disbursements from the treasury shall be made by the treasurer thereof upon the written order of the county, city, village, town or school clerk after proper vouchers have been filed in the office of the clerk; and in all cases where. If the statutes provide for payment by the treasurer without an order of the clerk, it shall hereafter be the duty of the clerk to shall draw and deliver to the treasurer an order therefor for the payment before or at the time when such that the payment is required to be made by the treasurer. The provisions of this This section shall apply applies to all special and general provisions of the statutes relative to the disbursement of money from the county, city, village, town or school district treasury except s. 67.10 (2).

(2) Notwithstanding other law, a county having a population of 500,000 or more may, by ordinance, adopt any other method of allowing vouchers, disbursing funds, reconciling outstanding county orders, reconciling depository accounts, examining county orders, and accounting therefor consistent with accepted accounting and auditing practices, provided that if the ordinance shall prior to its adoption be is submitted to the department of revenue, which shall submit its recommendations on the proposed ordinance to the county board of supervisors.

(3) Except as provided in subs. (2), (3m) and (5), disbursements of the county, city, village, town or school district funds from demand deposits shall be by draft or order check and withdrawals from savings or time deposits shall be by written transfer order. Written transfer orders may be executed only for the purpose of transferring deposits to an authorized deposit of the public depositor in the same or another authorized public depository. The transfer shall be made directly by the public depository from which the withdrawal is made. No draft or order check issued under this subsection may be released to the payee, nor is the draft or order check valid, unless signed by the clerk and treasurer. No transfer order is valid unless signed by the clerk and the treasurer. Unless otherwise directed by ordinance or resolution adopted by the governing body, a certified copy of which shall be filed with each public depository concerned, the chairperson of the county board, mayor, village president, town chairperson or school district president, as the case may be, shall countersign all drafts or order checks and all transfer orders. The governing body may also, by ordinance or resolution, authorize additional signatures. In lieu of the personal signatures of the clerk and treasurer and such any other required signature as may be required, the facsimile signature adopted by the person and approved by the governing body concerned may be affixed to the draft, order check or transfer order. The use of a facsimile signature does not relieve any an official from any liability to which the official is otherwise subject, including the unauthorized use of the facsimile signature. Any A public depository shall be is fully warranted and protected in making payment on any draft or order check or transferring pursuant to a transfer order bearing a facsimile signature affixed as provided by this subsection notwithstanding that the facsimile signature may have been placed thereon affixed without the authority of the designated persons.

(3m) Any A county, city, village, town or school district may process periodic payments through the use of money transfer techniques, including direct deposit, electronic funds transfer and automated clearinghouse methods. The county, municipal or school district treasurer shall keep a record of the date, payee and amount of each disbursement made by a money transfer technique.

(4) Except as provided in sub. (3m), if any a board, commission or committee of any a county, city, village, town or school district is vested by statute with exclusive control and management of a fund, including the audit and approval of payments therefrom from the fund, independently of the governing body, such payments under this section shall be made by drafts or order checks issued by the county, city, village, town or school clerk upon the filing with him or her the clerk of certified bills, vouchers or schedules signed by the proper officers of such the board, commission or committee, giving the name of the claimant or payee, and the amount and nature of each payment.

(5) In cities of the a 1st class city, municipal disbursements of public moneys shall be by draft, order, check, order check or as provided under sub. (3m). Checks or drafts shall be signed by the treasurer and countersigned by the comptroller. Orders shall be signed by the mayor and clerk and countersigned by the comptroller, as provided in the charter of such the city. Disbursements of school moneys shall be as provided by s. 119.50.

(6) Withdrawal or disbursement of moneys deposited in a public depository as defined in s. 34.01 (5) by a treasurer as defined in s. 34.01 (7), other than the elected, appointed or acting official treasurer of a county, city, village, town or school district, shall be by endorsement, written order, draft, share draft, check or other draft signed by the person or persons designated by written authorization of the governing board as defined in s. 34.01 (1). The authorization shall conform to any statute covering the disbursement of the funds. Any A public depository shall be is fully warranted and protected in making payment in accordance with the latest authorization filed with it.

(7) No order may be issued by the a county, city, village, town, special purpose district, school district, cooperative education service agency or technical college district clerk in excess of funds available or appropriated for the purposes for which the order is drawn, unless authorized by a resolution adopted by the affirmative vote of two-thirds of the entire membership of the governing body.

150,110 Section 110 . 66.0423 (1) of the statutes is created to read:

66.0423 (1) In this section:

(a) "Sale of merchandise" includes a sale in which the personal services rendered upon or in connection with the merchandise constitutes the greatest part of value for the price received, but does not include a farm auction sale conducted by or for a resident farmer of personal property used on the farm or the sale of produce or other perishable products at retail or wholesale by a resident of this state.

(b) "Transient merchant" means a person who engages in the sale of merchandise at any place in this state temporarily and who does not intend to become and does not become a permanent merchant of that place.

Note: Incorporates a definition from s. 130.065 (1m), 1987 stats., into the current statute regarding the regulation of transient merchants. See Section 251 of this bill.

150,111 Section 111. 66.0425 (10) of the statutes is created to read:

66.0425 (10) A privilege may be granted only as provided in this section.

150,112 Section 112. 66.0435 (10) of the statutes is created to read:

66.0435 (10) 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.

Note: Restates a provision of s. 66.058 (2) (b) that is deleted by Section 158 .

150,113 Section 113. 66.044 of the statutes is renumbered 66.0609, and 66.0609 (1) to (4), as renumbered, are amended to read:

66.0609 (1) The governing body of any a village or of any a city of the 2nd, 3rd or 4th class may by ordinance enact an alternative system of approving financial claims against the municipal treasury other than claims subject to s. 893.80. The ordinance shall provide that payments may be made from the city or village treasury after the comptroller or clerk of the city or village audits and approves each claim as a proper charge against the treasury, and endorses his or her approval on the claim after having determined that all of the following conditions have been complied with:

(a) That funds are available therefor for the claim pursuant to the budget approved by the governing body.

(b) That the item or service covered by such the claim has been duly authorized by the proper official, department head or board or commission.

(c) That the item or service has been actually supplied or rendered in conformity with such the authorization described in par. (b).

(d) That the claim is just and valid pursuant to law. The comptroller or clerk may require the submission of such proof and evidence to support the foregoing claim as in that officer's discretion may be deemed the officer considers necessary.

(2) Such The ordinance under sub. (1) shall require that the clerk or comptroller shall file with the governing body not less than monthly a list of the claims approved, showing the date paid, name of claimant, purpose and amount.

(3) The ordinance under sub. (1) shall provide require that the governing body of the city or village shall authorize obtain an annual detailed audit of its financial transactions and accounts by a public accountant licensed under ch. 442 and designated by the governing body.

(4) Such The system shall be under sub. (1) is operative only if the comptroller or clerk is covered by a fidelity bond of not less than $5,000 in villages and cities of the fourth 4th class cities, of not less than $10,000 in cities of the third 3rd class cities, and of not less than $20,000 in cities of the second 2nd class cities.

150,114 Section 114. 66.045 of the statutes is renumbered 66.0425 and amended to read:

66.0425 Privileges in streets. (1) Privilege for In this section, "privilege" means the authority to place an obstruction or excavation beyond the a lot line, or within a highway in any a town, village, or city, other than by general ordinance affecting the whole public, shall be granted only as provided in this section.

(2) Application therefor shall be made A person may apply to the a town or village board or the common council, and the of a city for a privilege. A privilege shall may be granted only on condition that by its acceptance if the applicant shall become primarily liable assumes primary liability for damages to person or property by reason of the granting of the privilege, be is obligated to remove the same an obstruction or excavation upon 10 days' notice by the state or the municipality and waive waives the right to contest in any manner the validity of this section or the amount of compensation charged and that the. The grantor of the privilege may require the applicant to file such a bond as the board or council require, not exceeding that does not exceed $10,000 running ; that runs to the town, village, or city, and such third to 3rd parties as that may be injured, to secure; and that secures the performance of these the conditions. But if specified in this subsection. If there is no established lot line and the application is accompanied by a blue print, the town or village board or the common council of the city may make such impose any conditions as they deem on the privilege that it considers advisable.

(3) Compensation for the special a privilege shall be paid into the general fund and shall be fixed, in towns by the chairperson, in villages by the president, and in cities by a board consisting of the board or commissioner of public works, city attorney and mayor by the governing body of a city, village or town or by the designee of the governing body.

Note: Amends sub. (3) regarding compensation for the municipal award of a privilege. Current law states that compensation is determined by specified municipal officers. Section 66.0425 (3) now provides that compensation will be determined by the governing body of a city, village or town or by the designee of the governing body.

(4) The holder of such special a privilege shall be is not entitled to no damages for removal of the an obstruction or excavation, and if the holder shall does not remove the same obstruction or excavation upon due notice, it shall be removed at the holder's expense.

(5) Third parties whose rights are interfered with by the granting of such a privilege shall have a right of action against the holder of the special privilege only.

(6) Subsections (1) to (5) do not apply to telecommunications carriers, as defined in s. 196.01 (8m), telecommunications utilities, as defined in s. 196.01 (10), alternative telecommunications utilities, as defined in s. 196.01 (1d), public service corporations, or to cooperative associations organized under ch. 185 to render or furnish telecommunications service, gas, light, heat or power, but such the carriers, utilities, corporations and associations shall secure a permit from the proper official for temporary obstructions or excavation excavations in a highway and shall be are liable for all injuries to person or property thereby caused by the obstructions or excavations.

(7) This section does not apply to such an obstruction or excavation that is in place for not longer less than 3 months 90 days, and for which a permit has been granted by the proper official.

(8) Obstruction This section applies to an obstruction or excavation by a city, village or town in any street, alley, or public place belonging to any other municipality is included in this section.

(9) Anyone causing any obstruction or excavation to Any person who violates this section may be made contrary to subs. (1) to (8) shall be liable to a fine of fined not less than $25 and not nor more than $500, or to imprisonment in the county jail imprisoned for not less than 10 days nor more than 6 months, or to both such fine and imprisonment.

150,115 Section 115 . 66.046 of the statutes is renumbered 66.0429, and 66.0429 (1) and (3) (a), as renumbered, are amended to read:

66.0429 (1) The governing body of a city, village or town may set aside streets or roads that are not a part of any federal, state or county trunk highway system for the safety of children in coasting or other play activities, and may obstruct or barricade such the streets or roads to safeguard the children from accidents. The governing body of the city, village or town shall may erect and maintain thereon on the streets or roads barriers or barricades, lights, or warning signs therefor and shall is not be liable for any damage caused thereby by the erection or maintenance.

(3) (a) The governing body of a city may monitor or limit access to streets that are not part of any federal, state or county trunk highway system or connecting highway, as described in s. 84.02 (11), for the purposes of security or public safety. The governing body of a city may authorize gates or security stations, or both, to be erected and maintained to monitor traffic or limit access on such these streets. The restriction of access to streets that is authorized under this subsection may does not affect a city's eligibility for state transportation aids.

150,116 Section 116. 66.047 of the statutes is renumbered 66.0831 and amended to read:

66.0831 Interference with public service structure. No A contractor having with a contract for any work upon, over, along or under any a public street or highway shall may not interfere with, destroy or disturb the structures of any a public utility as defined under s. 196.01 (5), and, including a telecommunications carrier as defined in s. 196.01 (8m), encountered in the performance of such the work so as to interrupt, impair or affect in a manner that interrupts, impairs or affects the public service for which such the structures may be used, without first procuring obtaining written authority from the commissioner of public works, or other properly constituted appropriate authority. It shall, however, be the duty of every A public utility, whenever a if given reasonable notice by the contractor of the need for temporary protection of, or a temporary change in, its the utility's structures, located upon, over, along or under the surface of any public street or highway is deemed determined by the commissioner of public works, or other such duly constituted appropriate authority, to be reasonably necessary to enable the accomplishment of such work, to so shall temporarily protect or change its said structures; provided, that such contractor shall give reasonable notice of such required temporary protection or temporary change to the public utility, and located upon, over, along or under the surface of a public street or highway. The contractor shall pay or assure to the public utility the reasonable cost thereof, except when of the temporary structure or change, unless the public utility is properly otherwise liable therefor under the law, but in all cases where such. If work is done by or for the state or by or for any county, city, village, town sanitary district, metropolitan sewerage district created under ss. 66.20 to 66.26 200.01 to 200.15 or 66.88 to 66.918 200.21 to 200.65 or town, the cost of such the temporary protection or temporary change shall be borne by the public utility.

150,117 Section 117. 66.048 of the statutes is renumbered 66.0915, and 66.0915 (1), (2), (3) (title), (a), (c) and (d) and (4), as renumbered, are amended to read:

66.0915 (1) Viaducts, private Private viaducts in cities, villages and towns. The privilege of erecting a viaduct above a public street, road or alley, for the purpose of connecting buildings on each side thereof, may be granted by the city council, village board or town board upon the written petition of the owners of all the frontage of the lots and lands abutting upon the portion thereof sought to be connected, and the owners of more than one-half of the frontage of the lots and lands abutting upon that portion of the remainder thereof which that lies within 2,650 feet from the ends of the portion proposed to be so connected. Whenever any of the lots or lands aforesaid If a lot or land is owned by the state, or by a county, city, village or town, or by a minor or incompetent person, or the title thereof to the lot or land is held in trust, as to all lots and lands so owned or held, said the petition may be signed by the governor, the chairperson of the county board, the mayor of the city, the president of the board of trustees of the village, the chairperson of the town board, the guardian of the minor or incompetent person, or the trustee, respectively, and the signature of any a private corporation may be made by its president, secretary or other principal officer or managing agent. Written notice stating when and where the petition will be acted upon, and describing the location of the proposed viaduct, shall be given by the city council, village board or town board by publication of a class 3 notice, under ch. 985.

(2) Viaducts, removal Removal of private viaducts. A viaduct in any a city, village or town may be discontinued by the city council, village board or town board, upon written petition of the owners of more than one-half of the frontage of the lots and lands abutting on the street or road approaching on each end of such the viaduct, which lies within 2,650 feet from the ends of such the viaduct. Whenever any of the lots or lands aforesaid If a lot or land is owned by the state, or by a county, city, village or town, or by a minor or incompetent person, or the title thereof to the lot or land is held in trust, as to all lots and lands so owned or held, said the petition may be signed by the governor, the chairperson of the county board, the mayor of the city, the president of the board of trustees of the village, the chairperson of the town board, the guardian of the minor or incompetent person, or the trustee, respectively, and the signature of any a private corporation may be made by its president, secretary or other principal officer or managing agent. Written notice stating when and where the petition will be acted upon, and stating what viaduct is proposed to be discontinued, shall be given by the city council, village board or town board by publication of a class 1 notice, under ch. 985, not less than one year before the day fixed for the hearing and a class 3 notice, under ch. 985, within the 30 days before the date of the hearing.

(3) (title) Lease of space over public places by cities, villages and towns. (a) Any A city, village or town may lease space over any street, road, alley or other public place in the city, village or town which is more than 12 feet above the level of the street, road, alley or other public place for any term not exceeding 99 years to the person who owns the fee in the property on both sides of the portion of the street, road, alley or other public place to be so leased, whenever if the governing body of the city, village or town is of the opinion determines that such the place is not needed for street, road, alley or other public purpose, and that the public interest will be served by such leasing.

(c) The lease shall be signed on behalf of the city, village or town by the mayor, village president or town board chairperson and shall be attested by the city, village or town clerk under the corporate seal. The lease shall also be executed by the lessee in such a manner as necessary to bind that binds the lessee. After being duly executed and acknowledged the lease shall be recorded in the office of the register of deeds of the county in which is located the leased premises are located.

(d) If, in the judgment of such governing body, determines that the public interest requires that any building erected in the leased space be removed so that a street, road, alley or public place may be restored to its original condition, the lessor city, village or town may condemn the lessee's interest in the leased space by proceeding under ch. 32. After payment of such any damages as may be fixed in the condemnation proceedings, the city, village or town may remove all buildings or other structures from the leased space and restore the buildings adjoining the leased space to their original condition.

(4) Sale or lease of space over or below public place. (a) Any A city, village or town may sell or lease the space over or below ground level of any street, road, alley or public place or municipally owned real estate or below ground level thereof to any person, if the governing body determines by resolution and states the reasons that such the action is in the best public interest and states the reasons therefor and the prospective purchaser or lessee has provided for the removal and relocation expense for any facilities devoted to a public use where such relocation is necessary for the purposes of the purchaser or lessee. Leases shall be granted by ordinance and shall not exceed 99 years in length. No lease shall may be granted nor or use authorized hereunder which substantially interferes with the public purpose for which the surface of the land is used.

(b) Leases A lease shall specify purposes for which the leased space is to be used. If the purpose is to erect in the space a building or a structure attached to the lot, the lease shall contain a reasonably accurate description of the building to be erected and of the manner in which it shall be imposed will impose upon or around the lot. The lease shall also provide for use by the lessee of such those areas of the real estate as that are essential for ingress and egress to the leased space, for the support of the building or other structures to be erected and for the connection of essential public or private utilities to the building or structure.

(c) Any building erected in the space leased shall be operated, as far as practicable, separately from the municipal use. Such The structure shall conform to all state and municipal regulations.

(d) Any leases A lease under this subsection shall be is subject to sub. (3) (c) and (d).

150,118 Section 118. 66.0485 of the statutes is renumbered 66.0141.

150,119 Section 119. 66.049 of the statutes is renumbered 66.0405 and amended to read:

66.0405 Removal of rubbish. Cities, villages and towns may cause the removal of remove ashes, garbage, and rubbish from such classes of places therein in the city, village or town as the board or council shall direct directs. The removal may be from all such of the places or from those whose owners or occupants desire the service. Districts may be created and removal provided for certain of them districts only, and different regulations may be applied to each removal district or class of property. The cost of removal may be provided for funded by special assessment against the property served, by general tax upon the property of the respective districts, or by general tax upon the property of the city, village or town. If a city, village or town contracts for ash, garbage or rubbish removal service, it may contract with one or more service providers.

Note: Amended to expressly authorize contracting with one or more service providers for removal of ash, garbage or rubbish. Express authority is extended in order to mitigate possible antitrust issues if the city, village or town determines that the service can best be provided by one service provider.

150,120 Section 120 . 66.0495 (title) of the statutes is renumbered 30.13 (5m) (title).

150,121 Section 121. 66.0495 (1) (title) of the statutes is repealed.

150,122 Section 122. 66.0495 (1) (a) (title) of the statutes is repealed.

150,123 Section 123. 66.0495 (1) (a) of the statutes is renumbered 30.13 (5m) (a) 1. and amended to read:

30.13 (5m) (a) 1. The governing body of a city, village or town or a designated officer may order the owner of a wharf or pier which constitutes an unlawful obstruction of navigable waters under s. 30.13 sub. (4) to remove that portion of the wharf or pier which constitutes an unlawful obstruction.

150,124 Section 124. 66.0495 (1) (b) (title) of the statutes is repealed.

150,125 Section 125. 66.0495 (1) (b) of the statutes is renumbered 30.13 (5m) (a) 2.

150,126 Section 126. 66.0495 (1) (d) (title) of the statutes is repealed.

150,127 Section 127. 66.0495 (1) (d) of the statutes is renumbered 30.13 (5m) (a) 3. and amended to read:

30.13 (5m) (a) 3. An order under this subsection paragraph shall be served upon the owner or person responsible in the manner provided for the service of a summons in circuit court. If the owner or person responsible cannot be found, the order may be served by posting it on the wharf or pier and by publishing it as a class 3 notice under ch. 985. The order shall specify the action to be taken and the time within which it shall be complied with. At least 50 days must be allowed for compliance.

150,128 Section 128. 66.0495 (2) (title) and (a) (title) of the statutes are repealed.

150,129 Section 129. 66.0495 (2) (a) of the statutes is renumbered 30.13 (5m) (b) 1. and amended to read: