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121. 66.0495 (1) (title) of the statutes is repealed.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122. 66.0495 (1) (a) (title) of the statutes is repealed.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124. 66.0495 (1) (b) (title) of the statutes is repealed.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:
AB710,101,99
66.0413
(2) (a)
Definitions. In this subsection
"building":
AB710,101,10
101. "Building" means a building, dwelling or structure.
AB710,101,2311
(b)
Notification of nuisance. Whenever an If the owner of
any a building in
any 12a city, village or town permits the
same, either as a result of vandalism or for any
13other reason, to deteriorate or become dilapidated or blighted to the extent where
14windows, doors or other openings or plumbing or heating fixtures or facilities or
15appurtenances of such building are either deteriorated, damaged, destroyed or
16removed so that such building offends the aesthetic character of the immediate
17neighborhood or produces blight or deterioration by reason of such condition building
18to become a public nuisance, the building inspector or other designated officer of
such 19the city, village or town shall issue a written notice
respecting of the
existence of such 20defect
; such that makes the building a public nuisance. The written notice shall be
21served on the owner of
such the building as
set forth in provided under sub.
(1m) (a) 22(1) (d) and shall direct the owner
of such building to
promptly remedy the defect
23within 30 days following
the service
of such notice.
AB710,103,224
(c)
Failure to remedy; court order to remedy or raze. 1. If an owner fails to
25remedy or improve the defect in accordance with the written notice
furnished by the
1building inspector or other designated officer under par.
(am) (b) within the 30-day
2period specified in the written notice, the building inspector or other designated
3officer shall apply to the circuit court of the county in which the building is located
4for an order determining that the building constitutes a public nuisance. As a part
5of the application for
such the order from the circuit court the building inspector or
6other designated officer shall file a verified petition which recites the giving of
such 7written notice, the defect
or defects in
such the building, the owner's failure to comply
8with the notice and
such other pertinent facts
as may be related thereto. A copy of
9the petition shall be served upon the owner of record or the owner's agent if an agent
10is in charge of the building and upon the holder of any encumbrance of record under
11sub.
(1m) (a) and the (1) (d). The owner shall
have reply to the petition within 45 days
12following service upon the owner
in which to reply to such petition. Upon application
13by the building inspector or other designated officer the circuit court shall set
14promptly the petition for hearing. Testimony shall be taken by the circuit court with
15respect to the allegations of the petition and denials contained in the verified answer.
16If the circuit court after hearing the evidence
with respect to on the petition and
the 17answer determines that the building constitutes a public nuisance, the court shall
18issue promptly an order directing the owner of the building to remedy the defect and
19to make such repairs and alterations as may be required. The court shall set a
20reasonable period of time in which the defect shall be remedied and the repairs or
21alterations completed. A copy of the order shall be served upon the owner as provided
22in sub.
(1m) (a) (1) (d). The order of the circuit court shall state in the alternative that
23if the order of the court is not complied with within the time fixed by the court, the
24court will appoint a receiver or authorize the building inspector or other designated
1officer to proceed to raze
and remove the building
and restore the site to a dust-free
2and erosion-free condition under par.
(bg) (d).
AB710,103,73
2. In an action under this subsection, the circuit court before which the action
4is commenced shall exercise jurisdiction in rem or quasi rem over the property which
5is the subject of the action. The owner of record of the property, if known, and all other
6persons of record holding or claiming any interest in the property shall be made
7parties defendant and service of process may be
had
made upon them.
AB710,103,118
3. It
shall is not
be a defense to an action under this subsection that the owner
9of record of the property is a different person
, partnership or
corporate entity than
10the owner of record of the property on
or after the date the action was commenced
11or thereafter if a lis pendens was filed before the change of ownership.
AB710,103,1712
(d)
Failure to comply with court order. If the order of the circuit court under par.
13(b) (c) is not complied with within the time fixed by the court under par.
(b) (c), the
14court shall authorize the building inspector or other designated officer to raze
and
15remove the building
and restore the site to a dust-free and erosion-free condition or
16shall appoint a disinterested person to act as receiver of the property to do either of
17the following within a reasonable period of time set by the court:
AB710,104,318
1. Remedy the defect and make any repairs and alterations necessary to meet
19the standards required by the building code or any health order. A receiver appointed
20under this subdivision, with the approval of the circuit court, may borrow money
21against and mortgage the property held in receivership as security in any amount
22necessary to remedy the defect and make the repairs and alterations. For the
23expenses incurred to remedy the defect and make the repairs and alterations
24necessary under this subdivision, the receiver
shall have has a lien upon the
25property. At the request of and with the approval of the owner, the receiver may sell
1the property at a price equal to at least the
appraisal appraised value of the property
2plus the cost of any repairs made under this subdivision. The selling owner
shall be 3is liable for
such those costs.
AB710,104,64
2. Secure and sell the building to a buyer who demonstrates to the circuit court
5an ability and intent to rehabilitate the building and to
cause have the building
to
6be reoccupied in a legal manner.
AB710,104,137
(e)
Receiver; order to raze. 1.
Any A receiver appointed under par.
(bg)
(d) shall
8collect all rents and profits accruing from the property held in receivership and pay
9all costs of management, including all general and special real estate taxes or
10assessments and interest payments on first mortgages on the property. A receiver
11under par.
(bg) (d) shall apply moneys received from sale of property held in
12receivership to pay all debts due on the property in the order set by law and shall pay
13any balance to the selling owner if the circuit court approves.
AB710,104,1514
2. The circuit court shall set the fees and bond of a receiver appointed under
15par.
(bg) (d) and may discharge the receiver as the court
deems considers appropriate.
AB710,104,2016
3. Nothing in this subsection relieves the owner of
any property for which a
17receiver has been appointed under par.
(bg) (d) from any civil or criminal
18responsibility or liability except that the receiver
shall have has civil and criminal
19responsibility and liability for all matters and acts directly under the receiver's
20authority or performed at his or her discretion.
AB710,104,2421
4. If a defect is not remedied and repairs and alterations are not made within
22the time limit set by the circuit court under par.
(bg) (d), the court shall order that
23the building inspector or other designated officer proceed to raze
and remove the
24building
and restore the site to a dust-free and erosion-free condition.
AB710,105,3
15. All costs and disbursements
with respect to
razing, removing and restoration
2of the site raze a building under this subsection shall be as provided
for under sub.
3(2) (a) (1) (f).
AB710, s. 147
4Section
147
. 66.05 (8) (d) of the statutes is repealed.
Note: Restated as a definition under s. 66.0413 (2) (a) 2. See Section 106 of
this bill.
AB710, s. 148
5Section
148. 66.05 (9) of the statutes is renumbered 66.0413 (3), and 66.0413
6(3) (d), as renumbered, is amended to read:
AB710,105,127
66.0413
(3) (d) If a municipal governing body, inspector of buildings or
8designated officer determines that the cost of repairs to a historic building would be
9less than 85% of the assessed value of the building divided by the ratio of the assessed
10value to the recommended value as last published by the department of revenue for
11the municipality within which the historic building is located,
such the repairs
shall
12be are presumed reasonable.
AB710, s. 149
13Section
149. 66.05 (10) of the statutes is renumbered 66.0413 (4).
AB710, s. 150
14Section
150. Subchapter V (title) of chapter 66 [precedes 66.0501] of the
15statutes is created to read:
AB710,105,1616
Chapter 66
AB710,105,1817
Subchapter V
18
Officers and Employes
AB710, s. 151
19Section
151. 66.051 (title) and (1) (a) to (bm) of the statutes are renumbered
2066.0107 (title) and (1) (a) to (bm), and 66.0107 (1) (b) and (bm), as renumbered, are
21amended to read:
AB710,106,222
66.0107
(1) (b)
Cause the seizure of
Seize anything devised solely for gambling
23or found in actual use for gambling and
cause the destruction of any such thing
1destroy the device after a judicial determination that it was used solely for gambling
2or found in actual use for gambling;
and
AB710,106,93
(bm) Enact and enforce an ordinance to prohibit the possession of 25 grams or
4less of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41
5(3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any
6person who is charged with possession of more than 25 grams of marijuana, or who
7is charged with possession of any amount of marijuana following a conviction for
8possession of marijuana, in this state shall not be prosecuted under this paragraph
;
9and.
AB710, s. 152
10Section
152. 66.051 (1) (c) of the statutes is repealed.
Note: Section 66.051 (1) (c) is repealed as unnecessary given the general
provision of s. 66.051 (2), renumbered s. 66.0107 (2), that nothing in the section
may be construed to preclude cities, villages and towns from prohibiting conduct
which is the same or similar to that prohibited by chs. 941 to 948. Under
repealed par. (c), towns, villages and cities may: "Prohibit conduct which is the
same as or similar to that prohibited by s. 947.01, 947.012 or 947.0125."
AB710, s. 153
11Section
153. 66.051 (2) and (3) of the statutes are renumbered 66.0107 (2) and
12(3).
AB710, s. 154
13Section
154
. 66.0517 of the statutes is created to read:
AB710,106,15
1466.0517 Weed commissioner. (1) Definition. In this section, "noxious
15weeds" has the meaning given in s. 66.0407 (1) (b).
AB710,107,5
16(2) Appointment. (a)
Town, village and city weed commissioner. The
17chairperson of each town, the president of each village and the mayor of each city may
18appoint one or more commissioners of noxious weeds on or before May 15 in each
19year. A weed commissioner shall take the official oath and the oath shall be filed in
20the office of the town, village or city clerk. A weed commissioner shall hold office for
21one year and until a successor has qualified or the town chairperson, village
22president or mayor determines not to appoint a weed commissioner. If more than one
1commissioner is appointed, the town, village or city shall be divided into districts by
2the officer making the appointment and each commissioner shall be assigned to a
3different district. The town chairperson, village president or mayor may appoint a
4resident of any district to serve as weed commissioner in any other district of the
5same town, village or city.
AB710,107,136
(b)
County weed commissioner. A county may by resolution adopted by its
7county board provide for the appointment of a county weed commissioner and
8determine the duties, term and compensation for the county weed commissioner.
9When a weed commissioner has been appointed under this paragraph and has
10qualified, the commissioner has the powers and duties of a weed commissioner
11described in this section. Each town chairperson, village president or mayor may
12appoint one or more deputy weed commissioners, who shall work in cooperation with
13the county weed commissioner in the district assigned by the appointing officer.
AB710,107,21
14(3) Powers, duties and compensation. (a)
Destruction of noxious weeds. A weed
15commissioner shall investigate the existence of noxious weeds in his or her district.
16If a person in a district neglects to destroy noxious weeds as required under s. 66.0407
17(3), the weed commissioner shall destroy, or have destroyed, the noxious weeds in the
18most economical manner. A weed commissioner may enter upon any lands that are
19not exempt under s. 66.0407 (5) and cut or otherwise destroy noxious weeds without
20being liable to an action for trespass or any other action for damages resulting from
21the entry and destruction, if reasonable care is exercised.
AB710,108,1622
(b)
Compensation of weed commissioner. 1. Except as provided in sub. (2) (b),
23a weed commissioner shall receive compensation for the destruction of noxious weeds
24as determined by the town board, village board or city council upon presenting to the
25proper treasurer the account for noxious weed destruction, verified by oath and
1approved by the appointing officer. The account shall specify by separate items the
2amount chargeable to each piece of land, describing the land, and shall, after being
3paid by the treasurer, be filed with the town, village or city clerk. The clerk shall
4enter the amount chargeable to each tract of land in the next tax roll in a column
5headed "For the Destruction of Weeds", as a tax on the lands upon which the weeds
6were destroyed. The tax shall be collected under ch. 74, except in case of lands which
7are exempt from taxation, railroad lands or other lands for which taxes are not
8collected under ch. 74. A delinquent tax may be collected as is a delinquent real
9property tax under chs. 74 and 75 or as is a delinquent personal property tax under
10ch. 74. In case of railroad lands or other lands for which taxes are not collected under
11ch. 74, the amount chargeable against these lands shall be certified by the town,
12village or city clerk to the state treasurer who shall add the amount designated to the
13sum due from the company owning, occupying or controlling the lands specified. The
14state treasurer shall collect the amount chargeable as prescribed in subch. I of ch.
1576 and return the amount collected to the town, city or village from which the
16certification was received.