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.
AB710, s. 139
3Section
139
. 66.05 (2) (a) of the statutes is renumbered 66.0413 (1) (f) and
4amended to read:
AB710,96,205
66.0413
(1) (f)
Failure to comply with order; razing building. An order under
6par. (b) shall specify the time within which the owner of the building is required to
7comply with the order and shall specify repairs, if any. If the owner fails or refuses
8to comply within the time prescribed, the
building inspector
of buildings or other
9designated officer may
cause such building or part thereof to be razed and removed
10and may restore the site to a dust-free and erosion-free condition either proceed to
11raze the building through any available public agency or by contract or arrangement
12with private persons, or
closed to secure the building and, if necessary, the property
13on which the building is located if unfit for human habitation, occupancy or use. The
14cost of
such razing
, removal and restoration of the site to a dust-free and erosion-free
15condition or
closing securing the building may be charged in full or in part against
16the real estate upon which
such the building is located, and if that cost is so charged
17it is a lien upon
such the real estate and may be assessed and collected as a special
18tax. Any portion of the cost charged against the real estate that is not reimbursed
19under s. 632.103 (2) from funds withheld from an insurance settlement may be
20assessed and collected as a special tax.
Note: 1. The first sentence is from s. 66.05 (1m) (a), repealed by Section 135
.
2. Clarifies that an option upon failure to comply with an order is to secure the
building and, if necessary, the property on which the building is located. The
new language more accurately reflects current practice.
AB710,97,14
21(j) Sale of salvage. When any building has been ordered razed and removed and 22If an order
to raze a building has been issued
to restore the site to a dust-free and
23erosion-free condition, the governing body or other designated officer under
said the
1contract or arrangement
aforesaid to raze the building may sell the salvage and
2valuable materials at the highest price obtainable. The net proceeds of
such the sale,
3after deducting the expenses of
such razing
, removal and restoration of the site to a
4dust-free and erosion-free condition the building, shall be promptly remitted to the
5circuit court with a report of
such the sale or transaction, including the items of
6expense and the amounts deducted, for the use of
the
any person
who may be entitled
7thereto to the net proceeds, subject to the order of the court. If there remains no
8surplus to be turned over to the court, the report shall so state.
If the building or part
9thereof is insanitary and unfit for human habitation, occupancy or use, and is not in
10danger of structural collapse the building inspector shall post a placard on the
11premises containing the following words: "This Building Cannot Be Used for Human
12Habitation, Occupancy or Use". And it is the duty of the building inspector or other
13designated officer to prohibit the use of the building for human habitation, occupancy
14or use until the necessary repairs have been made.
Note: The last 2 sentences are restated as s. 66.0413 (1) (br) 1. See Section
101.
AB710, s. 140
15Section
140. 66.05 (2) (b) of the statutes is renumbered 66.0413 (1) (g) and
16amended to read:
AB710,98,317
66.0413
(1) (g)
Court order to comply. Any A municipality,
building inspector
18of buildings or designated officer may
, in his, her or its official capacity, commence
19and prosecute an action in circuit court for an order of the court requiring the owner
20to comply with an order to raze
or remove any a building
or part thereof issued under
21this
section subsection if the owner fails or refuses to do so within the time prescribed
22in the order, or for an order of the court requiring any person occupying a building
23whose occupancy has been prohibited under this
section
subsection to vacate the
1premises, or any combination of the court orders.
Hearing A hearing on
such actions
2under this paragraph shall be given preference.
Costs shall be Court costs are in the
3discretion of the court.
Note: Clarifies that the costs referred to are court costs, not the cost of razing
or securing a building.
AB710, s. 141
4Section
141. 66.05 (2) (c) of the statutes is renumbered 66.0413 (1) (br) 2. and
5amended to read:
AB710,98,96
66.0413
(1) (br) 2.
Any person who rents, leases or occupies a building which
7has been condemned for human habitation, occupancy or use
under subd. 1. shall be
8fined not less than $5 nor more than $50 or imprisoned not more than 30 days for each
9week of
such the violation, or both.
AB710, s. 142
10Section
142. 66.05 (3) of the statutes is renumbered 66.0413 (1) (h) and
11amended to read:
AB710,99,612
66.0413
(1) (h)
Restraining order.
Anyone A person affected by
any such an 13order
shall issued under par. (b) may within the time provided by s. 893.76 apply to
14the circuit court for an order restraining the
building inspector
of buildings or other
15designated officer from razing
and removing the building
or part thereof and
16restoring the site to a dust-free and erosion-free condition or forever be barred. The
17hearing shall be held within 20 days and shall be given preference. The court shall
18determine whether the
raze order
of the inspector of buildings is reasonable
, and if.
19If the order is found reasonable the court shall dissolve the restraining order
, and if.
20If the order is found not reasonable the court shall continue the restraining order or
21modify it as the circumstances require. Costs
shall be are in the discretion of the
22court. If the court finds that the order
of the inspector of buildings is unreasonable,
23the
building inspector
of buildings or other designated officer shall issue no other
1order under this
section subsection in regard to the same building
or part thereof 2until its condition is substantially changed. The remedies provided in this
3subsection paragraph are exclusive remedies and anyone affected by
such an order
4of the inspector shall issued under par. (b) is not
be entitled to recover any damages
5for the razing
and removal of any such of the building
and the restoration of the site
6to a dust-free and erosion-free condition.
AB710, s. 143
7Section
143. 66.05 (5) of the statutes is renumbered 66.0413 (1) (i) and
8amended to read:
AB710,99,259
66.0413
(1) (i)
Removal of personal property. If
any a building
ordered razed
10and removed and the site ordered restored to a dust-free and erosion-free condition
11or made safe and sanitary by repairs subject to an order under par. (b) contains
12personal property or fixtures which will unreasonably interfere with the razing or
13repair of
such the building
and restoration of such site or if the razing
and removal
14of the building and the restoration of the site to a dust-free and erosion-free
15condition makes necessary the removal, sale or destruction of
such the personal
16property or fixtures
, the
building inspector
of buildings or other designated officer
17may order in writing the removal of
such the personal property or fixtures by a
date 18certain
date. Such. The order shall be served as provided in
sub. (1m) par. (d). If
19the personal property or fixtures
or both are not removed by the time specified the
20inspector may store
the same, or may, sell
it, or
, if it has no appreciable value
he or
21she may, destroy the
same. In case
personal property or fixture. If the property is
22stored the amount paid for storage
shall be is a lien against
such the property and
23against the real estate and, to the extent that the amount is not reimbursed under
24s. 632.103 (2) from funds withheld from an insurance settlement, shall be assessed
25and collected as a special tax against the real estate if the real estate is owned by the
1owner of the personal property and fixtures. If the property is stored the owner
2thereof of the property, if known, shall be notified of the place of
its storage and if
it
3be the property is not claimed by the owner it may be sold at the expiration of 6
4months after it has been stored.
In case of sale the
The handling of the sale and the
5distribution of the net proceeds after deducting the cost of storage and any other costs
6shall be
handled as specified in
sub. (2) par. (j) and a report made to the circuit court
7as
therein specified
. Anyone in par. (j). A person affected by any order made under
8this
subsection paragraph may appeal as provided in
sub. (3) par. (h).
AB710, s. 144
9Section
144. 66.05 (5m) of the statutes is renumbered 66.0413 (1) (L) 2. and
10amended to read:
AB710,100,1211
66.0413
(1) (L) 2. This section
shall
does not limit powers otherwise granted
12to municipalities by other laws of this state.
AB710, s. 145
13Section
145. 66.05 (6) of the statutes is renumbered 66.0427 and amended to
14read:
AB710,101,6
1566.0427 Open excavations in populous counties. In
any a town, city or
16village in
any a county
having with a population of 500,000 or more no excavation
17for building purposes, whether or not completed,
shall
may be left open for more than
186 months without proceeding with the erection of a building
thereon. In the event
19any such on the excavation. If an excavation remains open for more than 6 months,
20the
building inspector
of buildings or other designated officer
in such of the town,
21village or city shall order that the erection of a building on the excavation begin
22forthwith or
in the alternative that the excavation be filled to grade. The order shall
23be served upon the owner of the land or the owner's agent and upon the holder of any
24encumbrance of record as provided in
sub. (1m) s. 66.0413 (1) (d). If the owner of the
25land fails to comply with the order within 15 days after service
thereof of the order
1upon the owner, the
building inspector
of buildings or other designated officer shall
2cause fill the excavation
to be filled to grade and the cost shall be charged against the
3real estate as provided in
sub. (2). Subsection (3) shall also apply s. 66.0413 (1) (f).
4Section 66.0413 (1) (h) applies to orders issued under this
subsection section. This
5shall not be construed to section does not impair the authority of
any a city or village
6to enact ordinances in this field.
AB710, s. 146
7Section
146
. 66.05 (8) (a) to (bm) of the statutes are renumbered 66.0413 (2)
8(a) to (e) and amended to read: