AB710, s. 108
20Section
108
. 66.0413 (4) (title) of the statutes is created to read:
AB710,78,2121
66.0413
(4) (title)
First class cities; other provisions.
AB710, s. 109
22Section
109. 66.042 of the statutes is renumbered 66.0607 and amended to
23read:
AB710,79,12
166.0607 Withdrawal or disbursement from local treasury. (1) Except as
2otherwise provided in subs. (2) to (5), in
every
a county, city, village, town
and or 3school district, all disbursements from the treasury shall be made by the treasurer
4thereof upon the written order of the county, city, village, town or school clerk after
5proper vouchers have been filed in the office of the clerk
; and in all cases where. If 6the statutes provide for payment by the treasurer without an order of the clerk,
it
7shall hereafter be the duty of the clerk
to shall draw and deliver to the treasurer an
8order
therefor for the payment before or at the time
when such that the payment is
9required to be made by the treasurer.
The provisions of this This section
shall apply 10applies to all special and general provisions of the statutes relative to the
11disbursement of money from the county, city, village, town or school district treasury
12except s. 67.10 (2).
AB710,79,19
13(2) Notwithstanding other law, a county having a population of 500,000 or more
14may, by ordinance, adopt any other method of allowing vouchers, disbursing funds,
15reconciling outstanding county orders, reconciling depository accounts, examining
16county orders, and accounting
therefor consistent with accepted accounting and
17auditing practices,
provided that if the ordinance
shall prior to its adoption
be is 18submitted to the department of revenue, which shall submit its recommendations on
19the proposed ordinance to the county board of supervisors.
AB710,80,19
20(3) Except as provided in subs. (2), (3m) and (5), disbursements of
the county,
21city, village, town or school district funds from demand deposits shall be by draft or
22order check and withdrawals from savings or time deposits shall be by written
23transfer order. Written transfer orders may be executed only for the purpose of
24transferring deposits to an authorized deposit of the public depositor in the same or
25another authorized public depository. The transfer shall be made directly by the
1public depository from which the withdrawal is made. No draft or order check issued
2under this subsection may be released to the payee, nor is the draft or order check
3valid, unless signed by the clerk and treasurer. No transfer order is valid unless
4signed by the clerk and the treasurer. Unless otherwise directed by ordinance or
5resolution adopted by the governing body, a certified copy of which shall be filed with
6each public depository concerned, the chairperson of the county board, mayor, village
7president, town chairperson or school district president
, as the case may be, shall
8countersign all drafts or order checks and all transfer orders. The governing body
9may also, by ordinance or resolution, authorize additional signatures. In lieu of the
10personal signatures of the clerk and treasurer and
such any other
required signature
11as may be required, the facsimile signature adopted by the person and approved by
12the governing body
concerned may be affixed to the draft, order check or transfer
13order. The use of a facsimile signature does not relieve
any an official from any
14liability to which the official is otherwise subject, including the unauthorized use of
15the facsimile signature.
Any A public depository
shall be is fully warranted and
16protected in making payment on any draft or order check or transferring pursuant
17to a transfer order bearing a facsimile signature affixed as provided by this
18subsection notwithstanding that the facsimile signature may have been
placed
19thereon affixed without the authority of the designated persons.
AB710,80,24
20(3m) Any A county, city, village, town or school district may process periodic
21payments through the use of money transfer techniques, including direct deposit,
22electronic funds transfer and automated clearinghouse methods. The county,
23municipal or school district treasurer shall keep a record of the date, payee and
24amount of each disbursement made by a money transfer technique.
AB710,81,9
1(4) Except as provided in sub. (3m), if
any a board, commission or committee
2of
any a county, city, village, town or school district is vested by statute with exclusive
3control and management of a fund, including the audit and approval of payments
4therefrom from the fund, independently of the governing body,
such payments
under
5this section shall be made by drafts or order checks issued by the county, city, village,
6town or school clerk upon the filing with
him or her
the clerk of certified bills,
7vouchers or schedules signed by the proper officers of
such the board, commission or
8committee, giving the name of the claimant or payee, and the amount and nature of
9each payment.
AB710,81,15
10(5) In
cities of the a 1st class
city, municipal disbursements of public moneys
11shall be by draft, order, check, order check or as provided under sub. (3m). Checks
12or drafts shall be signed by the treasurer and countersigned by the comptroller.
13Orders shall be signed by the mayor and clerk and countersigned by the comptroller,
14as provided in the charter of
such the city. Disbursements of school moneys shall be
15as provided by s. 119.50.
AB710,81,24
16(6) Withdrawal or disbursement of moneys deposited in a public depository as
17defined in s. 34.01 (5) by a treasurer as defined in s. 34.01 (7), other than the elected,
18appointed or acting official treasurer of a county, city, village, town or school district,
19shall be by endorsement, written order, draft, share draft, check or other draft signed
20by the person or persons designated by written authorization of the governing board
21as defined in s. 34.01 (1). The authorization shall conform to any statute covering
22the disbursement of the funds.
Any A public depository
shall be is fully warranted
23and protected in making payment in accordance with the latest authorization filed
24with it.
AB710,82,5
1(7) No order may be issued by
the a county, city, village, town, special purpose
2district, school district, cooperative education service agency or technical college
3district clerk in excess of funds available or appropriated for the purposes for which
4the order is drawn, unless authorized by a resolution adopted by the affirmative vote
5of two-thirds of the entire membership of the governing body.
AB710, s. 110
6Section
110
. 66.0423 (1) of the statutes is created to read:
AB710,82,77
66.0423
(1) In this section:
AB710,82,128
(a) "Sale of merchandise" includes a sale in which the personal services
9rendered upon or in connection with the merchandise constitutes the greatest part
10of value for the price received, but does not include a farm auction sale conducted by
11or for a resident farmer of personal property used on the farm or the sale of produce
12or other perishable products at retail or wholesale by a resident of this state.
AB710,82,1513
(b) "Transient merchant" means a person who engages in the sale of
14merchandise at any place in this state temporarily and who does not intend to
15become 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.
AB710, s. 111
16Section
111. 66.0425 (10) of the statutes is created to read:
AB710,82,1717
66.0425
(10) A privilege may be granted only as provided in this section.
AB710, s. 112
18Section
112. 66.0435 (10) of the statutes is created to read:
AB710,82,2119
66.0435
(10) The powers conferred on licensing authorities by this section are
20in addition to all other grants of authority and are limited only by the express
21language of this section.
Note: Restates a provision of s. 66.058 (2) (b) that is deleted by Section 158
.
AB710, s. 113
1Section
113. 66.044 of the statutes is renumbered 66.0609, and 66.0609 (1) to
2(4), as renumbered, are amended to read:
AB710,83,93
66.0609
(1) The governing body of
any
a village or of
any a city of the 2nd, 3rd
4or 4th class may by ordinance enact an alternative system of approving financial
5claims against the municipal treasury other than claims subject to s. 893.80. The
6ordinance shall provide that payments may be made from the city or village treasury
7after the comptroller or clerk of the city or village audits and approves each claim as
8a proper charge against the treasury, and endorses his or her approval on the claim
9after having determined that
all of the following conditions have been complied with:
AB710,83,1110
(a) That funds are available
therefor for the claim pursuant to the budget
11approved by the governing body.
AB710,83,1312
(b) That the item or service covered by
such the claim has been duly authorized
13by the proper official, department head or board or commission.
AB710,83,1514
(c) That the item or service has been actually supplied or rendered in
15conformity with
such the authorization
described in par. (b).
AB710,83,1816
(d) That the claim is just and valid pursuant to law. The comptroller or clerk
17may require the submission of
such proof
and evidence to support the
foregoing claim 18as
in that officer's discretion may be deemed the officer considers necessary.
AB710,83,21
19(2) Such The ordinance
under sub. (1) shall require that the clerk or
20comptroller
shall file with the governing body not less than monthly a list of the
21claims approved, showing the date paid, name of claimant, purpose and amount.
AB710,83,25
22(3) The ordinance
under sub. (1) shall
provide require that the governing body
23of the city or village
shall authorize obtain an annual detailed audit of its financial
24transactions and accounts by a public accountant licensed under ch. 442 and
25designated by the governing body.
AB710,84,4
1(4) Such The system
shall be under sub. (1) is operative only if the comptroller
2or clerk is covered by a fidelity bond of not less than $5,000 in villages and
cities of
3the fourth 4th class
cities, of not less than $10,000 in
cities of the third 3rd class
cities,
4and of not less than $20,000 in
cities of the second
2nd class
cities.
AB710, s. 114
5Section
114. 66.045 of the statutes is renumbered 66.0425 and amended to
6read:
AB710,84,10
766.0425 Privileges in streets. (1) Privilege for In this section, "privilege"
8means the authority to place an obstruction or excavation beyond
the a lot line, or
9within a highway in
any a town, village, or city, other than by general ordinance
10affecting the whole public
, shall be granted only as provided in this section.
AB710,84,25
11(2) Application therefor shall be made
A person may apply to
the a town or
12village board or
the common council
, and the of a city for a privilege. A privilege
shall 13may be granted
only on condition that by its acceptance if the applicant
shall become
14primarily liable assumes primary liability for damages to person or property by
15reason of the granting of the privilege,
be is obligated to remove
the same an
16obstruction or excavation upon 10 days' notice by the state or the municipality and
17waive waives the right to contest in any manner the validity of this section or the
18amount of compensation charged
and that the. The grantor of the privilege may
19require the applicant
to file
such a bond
as the board or council require, not exceeding 20that does not exceed $10,000
running
; that runs to the town, village, or city
, and
such
21third to 3rd parties
as that may be injured
, to secure; and that secures the
22performance of
these the conditions
. But if specified in this subsection. If there is
23no established lot line and the application is accompanied by a blue print, the
town
24or village board or
the common council
of the city may
make such impose any 25conditions
as they deem on the privilege that it considers advisable.
AB710,85,5
1(3) Compensation for
the special a privilege shall be paid into the general fund
2and shall be fixed
, in towns by the chairperson, in villages by the president, and in
3cities by a board consisting of the board or commissioner of public works, city
4attorney and mayor by the governing body of a city, village or town or by the designee
5of 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.
AB710,85,9
6(4) The holder of
such special a privilege
shall be is not entitled to
no damages
7for removal of
the an obstruction or excavation, and if the holder
shall does not
8remove the
same obstruction or excavation upon due notice, it shall be removed at
9the holder's expense.
AB710,85,11
10(5) Third parties whose rights are interfered with by the granting of
such a 11privilege
shall have
a right of action against the holder of the
special privilege only.
AB710,85,20
12(6) Subsections (1) to (5) do not apply to telecommunications carriers, as
13defined in s. 196.01 (8m), telecommunications utilities, as defined in s. 196.01 (10),
14alternative telecommunications utilities, as defined in s. 196.01 (1d), public service
15corporations, or to cooperative associations organized under ch. 185 to render or
16furnish telecommunications service, gas, light, heat or power, but
such the carriers,
17utilities, corporations and associations shall secure
a permit from the proper official
18for temporary obstructions or
excavation excavations in a highway and
shall be are 19liable for all injuries to person or property
thereby
caused by the obstructions or
20excavations.
AB710,86,3
1(7) This section does not apply to
such an obstruction or excavation
that is in
2place for
not longer less than
3 months 90 days, and for which
a permit has been
3granted by the proper official.
AB710,86,6
4(8) Obstruction This section applies to an obstruction or excavation by a city,
5village or town in any street, alley, or public place belonging to any other
6municipality
is included in this section.
AB710,86,11
7(9) Anyone causing any obstruction or excavation to Any person who violates
8this section may be
made contrary to subs. (1) to (8) shall be liable to a fine of fined 9not less than $25
and not nor more than $500
, or
to imprisonment in the county jail 10imprisoned for not less than 10 days nor more than 6 months
, or
to both
such fine and
11imprisonment.
AB710, s. 115
12Section
115
. 66.046 of the statutes is renumbered 66.0429, and 66.0429 (1)
13and (3) (a), as renumbered, are amended to read:
AB710,86,2014
66.0429
(1) The governing body of a city, village or town may set aside streets
15or roads that are not a part of any federal, state or county trunk highway system for
16the safety of children in coasting or other play activities, and may obstruct or
17barricade
such the streets or roads to safeguard the children from accidents. The
18governing body of the city, village or town
shall
may erect and maintain
thereon on
19the streets or roads barriers or barricades, lights, or warning signs
therefor and
shall 20is not
be liable for any damage caused
thereby by the erection or maintenance.
AB710,87,2
21(3) (a) The governing body of a city may monitor or limit access to streets that
22are not part of any federal, state or county trunk highway system or connecting
23highway, as described in s. 84.02 (11), for the purposes of security or public safety.
24The governing body of a city may authorize gates or security stations, or both, to be
25erected and maintained to monitor traffic or limit access on
such these streets. The
1restriction of access to streets that is authorized under this subsection
may does not
2affect a city's eligibility for state transportation aids.
AB710, s. 116
3Section
116. 66.047 of the statutes is renumbered 66.0831 and amended to
4read:
AB710,88,4
566.0831 Interference with public service structure. No A contractor
6having with a contract for
any work upon, over, along or under
any a public street
7or highway
shall may not interfere with, destroy or disturb the structures of
any a 8public utility
as defined under s. 196.01 (5), and, including a telecommunications
9carrier as defined in s. 196.01 (8m), encountered in the performance of
such the work
10so as to interrupt, impair or affect in a manner that interrupts, impairs or affects the
11public service for which
such the structures may be used, without first
procuring 12obtaining written authority from the commissioner of public works
, or other
properly
13constituted appropriate authority.
It shall, however, be the duty of every A public
14utility,
whenever a if given reasonable notice by the contractor of the need for 15temporary protection of, or
a temporary change in,
its the utility's structures,
located
16upon, over, along or under the surface of any public street or highway is deemed 17determined by the commissioner of public works
, or other
such duly constituted 18appropriate authority
, to be reasonably necessary to enable the
accomplishment of
19such work,
to so shall temporarily protect or change its
said structures
; provided,
20that such contractor shall give reasonable notice of such required temporary
21protection or temporary change to the public utility, and located upon, over, along or
22under the surface of a public street or highway. The contractor shall pay or assure
23to the public utility the reasonable cost
thereof, except when of the temporary
24structure or change, unless the public utility is
properly otherwise liable
therefor
25under the law, but in all cases where such. If work is done by or for the state or by
1or for any county, city, village, town sanitary district, metropolitan sewerage district
2created under ss.
66.20 to 66.26 200.01 to 200.15 or
66.88 to 66.918 200.21 to 200.65 3or town, the cost of
such the temporary protection or temporary change shall be borne
4by the public utility.
AB710, s. 117
5Section
117. 66.048 of the statutes is renumbered 66.0915, and 66.0915 (1),
6(2), (3) (title), (a), (c) and (d) and (4), as renumbered, are amended to read:
AB710,88,257
66.0915
(1) Viaducts, private Private viaducts in cities, villages and towns. 8The privilege of erecting a viaduct above a public street, road or alley, for the purpose
9of connecting buildings on each side
thereof, may be granted by the city council,
10village board or town board upon the written petition of the owners of all the frontage
11of the lots and lands abutting
upon the portion
thereof sought to be connected, and
12the owners of more than one-half of the frontage of the lots and lands abutting upon
13that portion of the remainder
thereof which that lies within 2,650 feet from the ends
14of the portion proposed to be
so connected.
Whenever any of the lots or lands
15aforesaid If a lot or land is owned by the state, or by a county, city, village or town,
16or by a minor or incompetent person, or the title
thereof to the lot or land is held in
17trust,
as to all lots and lands so owned or held, said
the petition may be signed by the
18governor, the chairperson of the county board, the mayor of the city, the president of
19the board of trustees of the village, the chairperson of the town board, the guardian
20of the minor or incompetent person, or the trustee, respectively, and the signature
21of
any a private corporation may be made by its president, secretary or other
22principal officer or managing agent. Written notice stating when and where the
23petition will be acted upon, and describing the location of the proposed viaduct, shall
24be given by the city council, village board or town board by publication of a class 3
25notice, under ch. 985.
AB710,89,18
1(2) Viaducts, removal Removal of private viaducts
. A viaduct in
any a city,
2village or town may be discontinued by the city council, village board or town board,
3upon written petition of the owners of more than one-half of the frontage of the lots
4and lands abutting on the street or road approaching on each end of
such the viaduct,
5which lies within 2,650 feet from the ends of
such
the viaduct.
Whenever any of the
6lots or lands aforesaid If a lot or land is owned by the state, or by a county, city, village
7or town, or by a minor or incompetent person, or the title
thereof to the lot or land 8is held in trust,
as to all lots and lands so owned or held, said the petition may be
9signed by the governor, the chairperson of the county board, the mayor of the city, the
10president of the board of trustees of the village, the chairperson of the town board,
11the guardian of the minor or incompetent person, or the trustee, respectively, and the
12signature of
any a private corporation may be made by its president, secretary or
13other principal officer or managing agent. Written notice stating when and where
14the petition will be acted upon, and stating what viaduct is proposed to be
15discontinued, shall be given by the city council, village board or town board by
16publication of a class 1 notice, under ch. 985, not less than one year before the day
17fixed for the hearing and a class 3 notice, under ch. 985, within the 30 days before
18the date of the hearing.
AB710,90,2
19(3) (title)
Lease of space over public places by cities, villages and towns. (a)
20Any A city, village or town may lease space over any street, road, alley or other public
21place in the city, village or town which is more than 12 feet above the level of the
22street, road, alley or other public place for any term not exceeding 99 years to the
23person who owns the fee in the property on both sides of the portion of the street, road,
24alley or other public place to be
so leased,
whenever if the governing body of the city,
25village or town
is of the opinion determines that
such the place is not needed for
1street, road, alley or other public purpose, and that the public interest will be served
2by
such leasing.
AB710,90,83
(c) The lease shall be signed on behalf of the city, village or town by the mayor,
4village president or town board chairperson and shall be attested by the city, village
5or town clerk under the corporate seal. The lease shall also be executed by the lessee
6in
such a manner
as necessary to bind that binds the lessee. After being duly
7executed and acknowledged the lease shall be recorded in the office of the register
8of deeds of the county in which
is located the leased premises
are located.
AB710,90,169
(d) If
, in the
judgment of such governing body
, determines that the public
10interest requires that any building erected in the leased space be removed so that a
11street, road, alley or public place may be restored to its original condition, the lessor
12city, village or town may condemn the lessee's interest in the leased space by
13proceeding under ch. 32. After payment of
such any damages
as may be fixed in the
14condemnation proceedings, the city, village or town may remove all buildings or other
15structures from the leased space and restore the buildings adjoining the leased space
16to their original condition.
AB710,91,2
17(4) Sale or lease of space over or below public place. (a)
Any
A city, village
18or town may sell or lease the space over
or below ground level of any street, road, alley
19or public place or municipally owned real estate
or below ground level thereof to any
20person, if the governing body determines by resolution
and states the reasons that
21such the action is in the best public interest
and states the reasons therefor and the
22prospective purchaser or lessee has provided for the removal and relocation expense
23for any facilities devoted to a public use where
such relocation is necessary for the
24purposes of the purchaser or lessee. Leases shall
be granted by ordinance and shall
25not exceed 99 years in length. No lease
shall may be granted
nor or use authorized
1hereunder which substantially interferes with the public purpose for which the
2surface of the land is used.
AB710,91,103
(b)
Leases A lease shall specify purposes for which the leased space is to be used.
4If the purpose is to erect in the space a building or a structure attached to the lot, the
5lease shall contain a reasonably accurate description of the building to be erected and
6of the manner in which it
shall be imposed will impose upon or around the lot. The
7lease shall also provide for use by the lessee of
such
those areas of the real estate
as 8that are essential for ingress and egress to the leased space, for the support of the
9building or other structures to be erected and for the connection of essential public
10or private utilities to the building or structure.
AB710,91,1311
(c) Any building erected in the space leased shall be operated, as far as
12practicable, separately from the municipal use.
Such
The structure shall conform
13to all state and municipal regulations.
AB710,91,1514
(d)
Any leases A lease under this subsection
shall be is subject to sub. (3) (c) and
15(d).
AB710, s. 118
16Section
118. 66.0485 of the statutes is renumbered 66.0141.
AB710, s. 119
17Section
119. 66.049 of the statutes is renumbered 66.0405 and amended to
18read:
AB710,92,4
1966.0405 Removal of rubbish. Cities, villages and towns may
cause the
20removal of remove ashes, garbage, and rubbish from such classes of places
therein 21in the city, village or town as the board or council
shall direct directs. The removal
22may be from all
such of the places or from those whose owners or occupants desire
23the service. Districts may be created and removal provided for certain
of them 24districts only, and different regulations may be applied to each removal district
or
25class of property. The cost of removal may be
provided for funded by special
1assessment against the property served, by general tax upon the property of the
2respective districts, or by general tax upon the property of the city, village or town.
3If a city, village or town contracts for ash, garbage or rubbish removal service, it may
4contract 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.
AB710, s. 120
5Section
120
. 66.0495 (title) of the statutes is renumbered 30.13 (5m) (title).
AB710, s. 121
6Section
121. 66.0495 (1) (title) of the statutes is repealed.
AB710, s. 122
7Section
122. 66.0495 (1) (a) (title) of the statutes is repealed.
AB710, s. 123
8Section
123. 66.0495 (1) (a) of the statutes is renumbered 30.13 (5m) (a) 1. and
9amended to read:
AB710,92,1310
30.13
(5m) (a) 1. The governing body of a city, village or town or a designated
11officer may order the owner of a wharf or pier which constitutes an unlawful
12obstruction of navigable waters under
s. 30.13 sub. (4) to remove that portion of the
13wharf or pier which constitutes an unlawful obstruction.
AB710, s. 124
14Section
124. 66.0495 (1) (b) (title) of the statutes is repealed.
AB710, s. 125
15Section
125. 66.0495 (1) (b) of the statutes is renumbered 30.13 (5m) (a) 2.
AB710, s. 126
16Section
126. 66.0495 (1) (d) (title) of the statutes is repealed.
AB710, s. 127
17Section
127. 66.0495 (1) (d) of the statutes is renumbered 30.13 (5m) (a) 3. and
18amended to read:
AB710,93,219
30.13
(5m) (a) 3. An order under this
subsection paragraph shall be served
20upon the owner or person responsible in the manner provided for the service of a
21summons in circuit court. If the owner or person responsible cannot be found, the
22order may be served by posting it on the wharf or pier and by publishing it as a class
233 notice under ch. 985. The order shall specify the action to be taken and the time
1within which it shall be complied with. At least 50 days must be allowed for
2compliance.
AB710, s. 128
3Section
128. 66.0495 (2) (title) and (a) (title) of the statutes are repealed.
AB710, s. 129
4Section
129. 66.0495 (2) (a) of the statutes is renumbered 30.13 (5m) (b) 1. and
5amended to read:
AB710,93,206
30.13
(5m) (b) 1. If the owner or person responsible fails to comply with an order
7issued under
sub. (1) par. (a), the governing body of a city, village or town or a
8designated officer may cause the wharf or pier to be removed through any available
9public agency or by a contract or arrangement by a private person. The cost of the
10removal may be charged against the real estate on which or adjacent to which the
11wharf or pier is located, constitutes a lien against that real estate and may be
12assessed and collected as a special tax. The governing body of the city, village or town
13or the designated officer may sell any salvage or valuable material resulting from the
14removal at the highest price obtainable. The governing body of the city, village or
15town or the designated officer shall remit the net proceeds of any sale, after
16deducting the expense of the removal, to the circuit court for use of the person
17entitled to the proceeds subject to the order of the court. The governing body of the
18city, village or town or the designated officer shall submit a report on any sale to the
19circuit court which shall include items of expense and the amount deducted. If there
20are no net proceeds, the report shall state that fact.
AB710, s. 130
21Section
130. 66.0495 (2) (b) (title) of the statutes is repealed.
AB710, s. 131
22Section
131. 66.0495 (2) (b) of the statutes is renumbered 30.13 (5m) (b) 2. and
23amended to read:
AB710,94,424
30.13
(5m) (b) 2. If the owner or person responsible fails to comply with an order
25issued under
sub. (1) par. (a), the governing body of a city, village or town or a
1designated officer may commence an action in circuit court for a court order requiring
2the person to comply with the order issued under
sub. (1) par. (a). The court shall
3give the hearing on this action precedence over other matters on the court's calendar
.
4Costs may be assessed in the discretion of the court and may assess costs.
AB710, s. 132
5Section
132. 66.0495 (3) (title) of the statutes is repealed.
AB710, s. 133
6Section
133
. 66.0495 (3) of the statutes is renumbered 30.13 (5m) (c) and
7amended to read:
AB710,94,228
30.13
(5m) (c) A person affected by an order issued under
sub. (1) par. (a) may
9apply to circuit court within 30 days after service of the order for a restraining order
10prohibiting the governing body of the city, village or town or the designated officer
11from removing the wharf or pier. The court shall conduct a hearing on the action
12within 20 days after application. The court shall give this hearing precedence over
13other matters on the court's calendar. The court shall determine whether the order
14issued under
sub. (1) par. (a) is reasonable. If the court finds that the order issued
15under
sub. (1) par. (a) is unreasonable, it shall issue a restraining order or modify it
16as the circumstances require and the governing body of the city, village or town or
17the designated officer may not issue another order under
sub. (1) par. (a) with respect
18to the wharf or pier unless its condition is substantially changed.
Costs may be
19assessed in the discretion of the The court
may assess costs. The remedy provided
20under this
subsection paragraph is exclusive and no person affected by an order
21issued under
sub. (1) par. (a) may recover damages for the removal of a wharf or pier
22under this section.
AB710, s. 134
23Section
134
. 66.05 (title) of the statutes is renumbered 66.0413 (title) and
24amended to read:
AB710,94,25
2566.0413 (title)
Razing buildings; excavations.
AB710, s. 135
1Section
135
. 66.05 (1g) and (1m) (a) of the statutes are repealed.
Note: The repealed provisions are restated as s. 66.0413 (1) (a), (b) and (d) and
the first sentence of par. (f). See Sections 98 to 102 of the bill.
AB710, s. 136
2Section
136. 66.05 (1m) (b) of the statutes is renumbered 66.0413 (1) (c) and
3amended to read:
AB710,95,124
66.0413
(1) (c)
Reasonableness of repair; presumption. Except as provided in
5sub.
(9) (3), if a municipal governing body,
building inspector
of buildings or
6designated officer determines that the cost of
such repairs
of a building described in
7par. (b) 1. would exceed
50 per cent 50% of the assessed value of
such the building
8divided by the ratio of the assessed value to the recommended value as last published
9by the department of revenue for the municipality within which
such the building
10is located,
such the repairs
shall be are presumed unreasonable
and it shall be
11presumed for the purposes of this section that such building is a public nuisance for
12purposes of par. (b) 1.
AB710, s. 137
13Section
137. 66.05 (1m) (c) of the statutes is renumbered 66.0413 (1) (L) 1. and
14amended to read:
AB710,95,1615
66.0413
(1) (L) 1. Acts of municipal authorities under this
section shall 16subsection do not increase the liability of an insurer.
AB710, s. 138
17Section
138. 66.05 (1m) (d) of the statutes is renumbered 66.0413 (1) (e) and
18amended to read:
AB710,96,219
66.0413
(1) (e)
Effect of recording order. If a raze order issued under par.
(a) 20(b) is recorded with the register of deeds in the county in which the building is located,
21the order is considered to have been served, as of the date the raze order is recorded,
22on any person claiming an interest in the building or the real estate as a result of a
1conveyance from the owner of record unless the conveyance was recorded before the
2recording of the raze order.