AB710,348,15
5(9) (a) 1. a. Upon the acquisition of any
or all of the real property in the project
6area, the authority
has power to may lease, sell or otherwise transfer to a
7redevelopment company, association, corporation or public body, or to an individual,
8limited liability company or partnership, all or any part of the real property,
9including streets or parts
thereof of streets to be closed or vacated in accordance with
10the plan, for use in accordance with the redevelopment plan. No assembled lands of
11the project area
shall may be either sold or leased by the authority to a housing
12authority created under s.
66.40 66.1201 for the purpose of constructing public
13housing projects upon
such the land unless the sale or lease of the lands has been first
14approved by the local legislative body by a vote of not less than four-fifths of the
15members elected.
AB710,348,1916
c. A copy of the redevelopment plan shall be recorded in the office of the register
17of deeds in the county where the redevelopment project is located. Any amendment
18to the redevelopment plan, approved
as herein provided for under sub. (6), shall
also 19be recorded in the office of the register of deeds of the county.
AB710,348,2320
(b)
Any such A lease or sale may be made without public bidding, but only after
21public hearing is held by the authority after
a notice
to be is published as a class 2
22notice, under ch. 985
, and the. The hearing shall be predicated upon the proposed
23sale or lease and the provisions
thereof of the sale or lease.
AB710,349,1924
(c) The terms of
such a lease or sale shall be fixed by the authority, and the
25instrument of lease may provide for renewals upon reappraisals and with rentals
1and other provisions adjusted to
such the reappraisals. Every
such lease or sale shall
2provide that the lessee or purchaser
shall will carry out
or cause to be carried out the
3approved project area redevelopment plan or approved modifications
thereof of the
4redevelopment plan, and that the use of
such land or real property included in the
5lease or sale, and any building or structure
erected thereon, shall conform to
such the 6approved plan or approved modifications
thereof of the plan. In the instrument of
7lease or sale, the authority may include
such other terms, provisions and conditions
8as in its judgment that will provide reasonable assurance of the priority of the
9obligations of the lease or sale
and, of conformance to the plan over any other
10obligations of the lessee or purchaser, and
also assurance of the financial and legal
11ability of the lessee or purchaser to carry out and conform to the plan and the terms
12and conditions of the lease or sale
; also, such. In the instrument of lease or sale, the
13authority may include terms, conditions and specifications concerning buildings,
14improvements, subleases or tenancy, maintenance and management, and any other
15matters
as that the authority
may impose or approve imposes or approves, including
16provisions
whereby under which the obligations to carry out and conform to the
17project area plan
shall run with the land. If maximum rentals to be charged to
18tenants are specified, provision may be made for periodic reconsideration of
such 19rental bases.
AB710,350,720
(d) Until the authority certifies that all building constructions and other
21physical improvements specified by the purchaser have been completed, the
22purchaser
shall have no power to may not convey
the all or part of an area
, or any
23part thereof, without the consent of the authority
and no such. No consent
shall may 24be given unless the grantee of the purchaser is obligated, by written instrument, to
25the authority to carry out that portion of the redevelopment plan which falls within
1the boundaries of the conveyed property and
also unless the written instrument
2specifies that the grantee and the heirs, representatives, successors and assigns of
3the grantee
, shall have no right or power to may not convey, lease or let
all or part
4of the conveyed property
or any part thereof, or erect or use any building or structure
5erected thereon on the conveyed property free from obligation and requirement to
6conform to the approved project area redevelopment plan or approved modifications
7thereof of the redevelopment plan.
AB710,350,128
(e) The authority may
cause to have demolished demolish any existing
9structure or clear
the all or part of an area
of any part thereof, or specify the
10demolition and clearance to be performed by a lessee or purchaser and a time
11schedule for the
same demolition and clearance. The authority shall specify the time
12schedule and conditions for the construction of buildings and other improvements.
AB710,350,2013
(f) In order to facilitate the lease or sale of a project area, or if the lease or sale
14is part of an area, the authority
has the power to
may include in the cost payable by
15it the cost of the construction of local streets and sidewalks in the area, or of grading
16and any other local public surface or subsurface facilities or any site improvements
17necessary for shaping the area as the site of the redevelopment of the area. The
18authority may arrange with the appropriate federal, state, county or city agencies
19for the reimbursement of
such outlays from funds or assessments raised or levied for
20such these purposes.
AB710,351,8
21(10) Housing for displaced families; relocation payments. In connection with
22every redevelopment plan, the An authority shall formulate a feasible method for the
23temporary relocation of persons living in areas that are designated for clearance and
24redevelopment.
In addition, the The authority shall prepare a plan
which shall be
25submitted for submittal to the local legislative body for approval which shall assure
1that decent, safe and sanitary dwellings substantially equal in number to the
2number of substandard dwellings to be removed in carrying out the redevelopment
3are available or will be provided at rents or prices within the financial reach of the
4income groups displaced. The authority
is authorized to may make relocation
5payments to or with respect to persons
(, including families, business concerns and
6others
), displaced by a project for moving expenses and losses of property for which
7reimbursement or compensation is not otherwise made, including
the making
of such 8payments financed by the federal government.
AB710,351,23
9(11) Modification of redevelopment plan. (a) An approved project area
10redevelopment plan may be modified at any time after the lease or sale of
all or part
11of the area
or part thereof provided that if the modification is consented to by the
12lessee or purchaser, and
that the proposed modification is adopted by the authority
13and
then submitted to
, and approved by, the local legislative body
and approved by
14it. Before approval, the authority shall hold a public hearing on the proposed
15modification, and notice of the time and place of hearing shall be sent by mail at least
1610 days
prior to before the hearing to the owners of the real properties in the project
17area and of the real properties immediately adjoining or across the street from the
18project area. The local legislative body may refer back to the authority any project
19area redevelopment plan, project area boundaries or modifications submitted to it,
20together with recommendations for changes in
such
the plan, boundaries or
21modification, and if
such the recommended changes are adopted by the authority and
22in turn approved by the local legislative body, the plan, boundaries or modifications
23as
thus changed
shall be become the approved plan, boundaries or modification.
AB710,352,2324
(b) Whenever the authority determines that a redevelopment plan with respect
25to a project area that has been approved and recorded in the register of deed's office
1is to be modified to permit land uses in the project area, other than those specified
2in the redevelopment plan, the authority shall notify all purchasers of property
3within the project area of the authority's intention to modify the redevelopment plan,
4and it shall hold a public hearing
with respect to
on the modification. Notice shall
5be given to the purchasers of the property by personal service at least 20 days
prior
6to before the holding of the public hearing, or if the purchasers cannot be found notice
7shall be given by registered mail to the purchasers at their last-known address.
8Notice of the public hearing shall also be given by publication as a class 2 notice,
9under ch. 985. The notice shall specify the project area and recite the proposed
10modification and its purposes. The public hearing
shall be merely is advisory to the
11authority.
After If the authority, following the public hearing, determines that the
12modification of the redevelopment plan will not affect the original objectives of the
13plan and that it will not produce conditions leading to a reoccurrence of
slums or 14blight within the project area, the authority may by resolution act to modify the plan
15to permit additional land uses in the project area, subject to approval by the
16legislative body by a two-thirds vote of the
members elect members-elect. If the local
17legislative body approves the modification to the redevelopment plan, an
18amendment to the plan containing the modification shall be recorded with the
19register of deeds of the county in which the project area is located and shall
20supplement the redevelopment plan previously recorded. Following the action with
21respect to modification of the redevelopment plan, the plan
shall be considered is 22amended and no legal rights
shall accrue to any person or to any owner of property
23in the project area by reason of the modification of the redevelopment plan.
AB710,353,324
(c) The provisions
herein of this subsection shall be construed liberally to
25effectuate
the its purposes
hereof and substantial compliance
shall be deemed
is
1adequate. Technical omissions
shall do not invalidate the procedure
set forth herein 2in this subsection with respect to acquisition of real property necessary or incidental
3to a redevelopment project.
AB710,353,15
4(12) Limitation upon tax exemption. The real and personal property of the
5authority is declared to be public property used for essential public and
6governmental purposes, and
such the property and an authority
shall be are exempt
7from all taxes of the state or any state public body
; but the. The city in which a
8redevelopment or urban renewal project is located may fix a sum to be paid annually
9in lieu of
such taxes by the authority for the services, improvements or facilities
10furnished to the project by the city if the authority is financially able to do so, but
such 11the sum
shall may not exceed the amount which would be levied as the annual tax
12of the city upon
such the project.
However, no No real property acquired under this
13section by a private company, corporation, individual, limited liability company or
14partnership, either by lease or purchase,
shall be
is exempt from taxation
by reason 15because of
such the acquisition.
AB710,354,2
16(13) Cooperation by public bodies and use of city funds. To assist any
17redevelopment or urban renewal project located in the area in which the authority
18is authorized to act,
any a public body may, upon
such terms
as that it determines:
19furnish services or facilities, provide property, lend or contribute funds,
and perform
20any other action of a character which it
is authorized to may perform for other
21general purposes, and
to enter into cooperation agreements and related contracts in
22furtherance of the purposes enumerated.
Any A city and
any a public body may levy
23taxes and assessments and appropriate
such funds and make
such expenditures
as
24that may be necessary to carry out the purposes of this subsection, but taxes and
1assessments
shall may not be levied under this subsection by a public body which
has
2no power to may not levy taxes and assessments for any other purpose.
AB710,354,11
3(14) Obligations. For the purpose of financially aiding an authority to carry
4out blight elimination, slum clearance and urban renewal programs and projects, the
5city in which the authority functions
is authorized, without limiting its authority
6under any other law, to may issue and sell general obligation bonds
in the manner
7and in accordance with the provisions of under ch. 67, except that no referendum
8shall be is required, and
to may levy taxes without limitation for the payment
thereof 9of the bonds, as provided in s. 67.035. The bonds authorized under this subsection
10shall be are fully negotiable and except as provided in this subsection
shall are not
11be subject to any other law or charter pertaining to the issuance or sale of bonds.
AB710,354,14
12(15) Budget. The local legislative body shall approve the budget for each fiscal
13year of the authority, and
shall have the power to
may alter or modify any item of
said 14the budget relating to salaries, office operation or facilities.
AB710,354,19
15(16) Legal services to authority. The legal department of
any a city in which
16the authority functions can provide legal services to
such the authority and a
17member of the legal department having the necessary qualifications may, subject to
18approval of the authority, be its counsel
; the. The authority may
also retain
19specialists to render legal services as required by it.
AB710,354,23
20(17) Construction. This section shall be construed liberally to effectuate
the 21its purposes
hereof and the enumeration
therein in this section of specific powers
22shall does not
operate to restrict the meaning of any general grant of power contained
23in this section or
to exclude other powers comprehended in
such the general grant.
AB710, s. 447
24Section
447. 66.432 of the statutes is renumbered 66.1011, and 66.1011 (title),
25(1), (2) and (3), as renumbered, are amended to read:
AB710,355,12
166.1011 (title)
Local equal opportunities for housing. (1) Declaration
2of policy. The right of all persons to have equal opportunities for housing regardless
3of their sex, race, color, physical condition, disability as defined in s. 106.04 (1m) (g),
4sexual orientation as defined in s. 111.32 (13m), religion, national origin, marital
5status, family status as defined in s. 106.04 (1m) (k), lawful source of income, age or
6ancestry is a matter both of statewide concern under ss. 101.132 and 106.04 and also
7of local interest under this section and s.
66.433
66.0125. The enactment of ss.
8101.132 and 106.04 by the legislature
shall does not preempt the subject matter of
9equal opportunities in housing from consideration by political subdivisions, and
10shall does not exempt political subdivisions from their duty, nor deprive them of their
11right, to enact ordinances which prohibit discrimination in any type of housing solely
12on the basis of an individual being a member of a protected class.
AB710,356,2
13(2) Antidiscrimination housing ordinances. Political subdivisions may enact
14ordinances prohibiting discrimination in housing within their respective boundaries
15solely on the basis of an individual being a member of a protected class.
Such an An 16ordinance may be similar to ss. 101.132 and 106.04 (1) to (8) or may be more inclusive
17in its terms or in respect to the different types of housing subject to its provisions
,
18but any such. An ordinance establishing a forfeiture as a penalty for violation
shall 19may not be for an amount that is less than the statutory forfeitures under s. 106.04.
20Such an An ordinance may permit a complainant, aggrieved person or respondent
21to elect to remove the action to circuit court after a finding has been made that there
22is reasonable cause to believe that a violation of the ordinance has occurred.
Such
23an An ordinance may
also authorize the political subdivision, at any time after a
24complaint has been filed alleging an ordinance violation, to file a complaint in circuit
1court seeking a temporary injunction or restraining order pending final disposition
2of the complaint.
AB710,356,6
3(3) Contingency restriction. No political subdivision
shall may enact an
4ordinance under sub. (2)
, which that contains a provision making its effective date
5or the operation of any of its provisions contingent on the enactment of an ordinance
6on the same or similar subject matter by one or more other political subdivisions.
AB710, s. 448
7Section
448. 66.4325 of the statutes is renumbered 66.1335, and 66.1335 (1)
8(intro.) and (a), (2) (intro.), (3), (4), (5) (intro.), (a), (b), (c), (e) and (f) and (5m) to (7),
9as renumbered, are amended to read:
AB710,356,2410
66.1335
(1) Authorization. (intro.)
Any A city may, by a two-thirds vote of the
11members of the city council present at the meeting, adopt an ordinance or resolution
12creating a housing and community development authority which shall be known as
13the "Community Development Authority" of
such
the city. It
shall be deemed is a
14separate body politic for the purpose of carrying out blight elimination, slum
15clearance, urban renewal programs and projects and housing projects. The
16ordinance or resolution creating a housing and community development authority
17may also authorize
such the authority to act as the agent of the city in planning and
18carrying out community development programs and activities approved by the
19mayor and common council under the federal housing and community development
20act of 1974 and as agent to perform all acts, except the development of the general
21plan of the city, which may be otherwise performed by the planning commission
22under
s. 66.405 s. 66.1105, 66.1301 to
66.425, 66.43, 66.435 or 66.46 66.1329, 66.1331
23or 66.1337. A certified copy of
such the ordinance or resolution shall be transmitted
24to the mayor. The ordinance or resolution shall also
do all of the following:
AB710,357,3
1(a) Provide that any redevelopment authority created under s.
66.431 66.1333 2operating in
such the city and any housing authority created under s.
66.40 66.1201 3operating in
such the city, shall terminate its operation as provided in sub. (5)
; and.
AB710,357,8
4(2) Appointment of members. (intro.) Upon receipt of a certified copy of
such 5the ordinance or resolution, the mayor shall, with the confirmation of the council,
6appoint 7 resident persons having sufficient ability and experience in the fields of
7urban renewal, community development and housing, as commissioners of the
8community development authority.
AB710,357,16
9(3) Evidence of authority. The filing of a certified copy of the ordinance or
10resolution referred to in sub. (1) with the city clerk
shall be is prima facie evidence
11of the community development authority's right to transact business and
such the 12ordinance or resolution is not subject to challenge because of any technicality. In
any 13a suit, action or proceeding commenced against the community development
14authority, a certified copy of
such the ordinance or resolution is conclusive evidence
15that
such the community development authority is established and authorized to
16transact business and exercise its powers under this section.
AB710,358,7
17(4) Powers and duties. The community development authority
shall have has 18all powers, duties and functions set out in ss.
66.40
66.1201 and
66.431 66.1333 for
19housing and redevelopment authorities
and as. As to all housing projects initiated
20by the community development authority it shall proceed under s.
66.40 66.1201, and
21as to all projects relating to blight elimination, slum clearance, urban renewal and
22redevelopment programs it shall proceed under
s. 66.405 ss. 66.1105, 66.1301 to
2366.425, 66.43, 66.431, 66.435 or 66.46 66.1329, 66.1331, 66.1333 or 66.1337 as
24determined appropriate by the common council on a project by project basis. As to
25all community development programs and activities undertaken by the city under
1the federal housing and community development act of 1974, the community
2development authority shall proceed under all applicable laws and ordinances not
3inconsistent with the laws of this state. In addition, if provided in the resolution or
4ordinance, the community development authority may act as agent of the city to
5perform all acts, except the development of the general plan of the city, which may
6be otherwise performed by the planning commission under
s. 66.405 ss. 66.1105,
766.1301 to
66.425, 66.43, 66.435 or 66.46 66.1329, 66.1331 or 66.1337.
AB710,358,11
8(5) Termination of housing and redevelopment authorities. (intro.) Upon the
9adoption of an ordinance or resolution creating a community development authority,
10all housing and redevelopment authorities previously created in
such the city under
11ss.
66.40 66.1201 and
66.431 shall 66.1333 terminate.
AB710,358,1912
(a) Any programs and projects which have been begun by housing and
13redevelopment authorities shall, upon adoption of
such
the ordinance or resolution
, 14be transferred to and completed by the community development authority. Any
15procedures, hearings, actions or approvals taken or initiated by the redevelopment
16authority under s.
66.431 66.1333 on pending projects
is are deemed to have been
17taken or initiated by the community development authority as
though if the
18community development authority had originally undertaken
such the procedures,
19hearings, actions or approvals.
AB710,358,2220
(b) Any form of indebtedness issued by a housing or redevelopment authority
21shall, upon the adoption of
such the ordinance or resolution, be assumed by the
22community development authority except as indicated in par. (e).
AB710,359,1023
(c) Upon the adoption of
such the ordinance or resolution, all contracts entered
24into between the federal government and a housing or redevelopment authority, or
25between
such these authorities and other parties shall be assumed and discharged
1by the community development authority except for the termination of operations by
2housing and redevelopment authorities. Housing and redevelopment authorities
3may execute any agreements contemplated by this subsection. Contracts for
4disposition of real property entered into by the redevelopment authority with respect
5to any project
shall be are deemed contracts of the community development authority
6without the requirement of amendments
thereto to the contracts. Contracts entered
7into between the federal government and the redevelopment authority or the
8housing authority
shall bind the community development authority in the same
9manner as
though if originally entered into by the community development
10authority.
AB710,359,1611
(e) A housing authority which has outstanding bonds or other securities that
12require the operation of the housing authority in order to fulfill its commitments with
13respect to the discharge of principal or interest or both
, may continue in existence
14solely for
such that purpose. The ordinance or resolution creating the community
15development authority shall delineate the duties and responsibilities which shall
16devolve upon the housing authority with respect
thereto to that purpose.
AB710,359,1817
(f) The termination of housing and redevelopment authorities pursuant to this
18section
shall is not
be subject to s.
66.40 66.1201 (26).
AB710,359,22
19(5m) Tax exemption. Community development authority bonds issued on or
20after January 28, 1987, are declared to be issued for an essential public and
21governmental purpose and to be public instrumentalities and, together with interest
22thereon on the bonds and income
therefrom from the bonds, are exempt from taxes.
AB710,360,2
23(6) Controlling statute. The powers conferred under this section
shall be are 24in addition and supplemental to the powers conferred by any other law.
Insofar as
1To the extent that this section is inconsistent with any other law, this section
shall
2control controls.
AB710,360,6
3(7) Construction. This section shall be construed liberally to effectuate its
4purposes and the enumeration of specific powers
herein
in this section does not
5restrict the meaning of any general grant of power contained in this section nor does
6it exclude other powers comprehended in
such the general grant.
AB710, s. 449
7Section
449. 66.433 of the statutes is renumbered 66.0125, and 66.0125 (1),
8(2), (3) (a) and (c) 1., 3. and 4., (4) and (7), as renumbered, are amended to read:
AB710,360,109
66.0125
(1) Definition. "Municipality" as used herein In this section, "local
10governmental unit" means a city, village, town, school district or county.
AB710,361,4
11(2) Creation. Each
municipality local governmental unit is authorized and
12urged to either establish by ordinance a community relations-social development
13commission or to participate in
such a commission established on an
14intergovernmental basis within the county
pursuant to
under enabling ordinances
15adopted by the participating
municipalities; but a
local governmental units. A school
16district may establish or participate in
such a commission by resolution
instead of
17by ordinance. Such. An intergovernmental commission may be established in
18cooperation with
any a nonprofit corporation located in the county and composed
19primarily of public and private welfare agencies devoted to any of the purposes set
20forth in this section.
Every such An ordinance or resolution
establishing a
21commission shall substantially embody the language of sub. (3). Each
municipality 22local governmental unit may appropriate money to defray the expenses of
such the 23commission. If
such the commission is established on an intergovernmental basis
24within the county, the provisions of s.
66.30 66.0301, relating to local cooperation,
are
25applicable thereto apply as optional authority and may be utilized by participating
1municipalities local governmental units to effectuate the purposes of this section, but
2a contract between
municipalities local governmental units is not necessary for the
3joint exercise of any power authorized for the joint performance of any duty required
4herein in this section.
AB710,361,11
5(3) (a) The purpose of the commission is to study, analyze and recommend
6solutions for the major social, economic and cultural problems which affect people
7residing or working within the
municipality local governmental unit including,
8without restriction because of enumeration, problems of the family, youth,
9education, the aging, juvenile delinquency, health and zoning standards, and
10discrimination in housing, employment and public accommodations and facilities on
11the basis of sex, class, race, religion, sexual orientation or ethnic or minority status.
AB710,361,1412
(c) 1. Recommend to the
municipal local governmental unit's governing body
13and chief executive or administrative officer the enactment of such ordinances or
14other action as they deem necessary:
AB710,361,1715
a. To establish and keep in force proper health standards for the community
16and beneficial zoning for the community area in order to facilitate the elimination
17of
blighted areas, and
to prevent the start and spread of
such, blighted areas
;.
AB710,361,2018
b. To ensure to all
municipal residents
of a local governmental unit, regardless
19of sex, race, sexual orientation or color, the rights to possess equal housing
20accommodations and to enjoy equal employment opportunities.
AB710,361,2521
3. Examine the need for
, initiate, participate in and promote publicly and
22privately sponsored studies and programs in any field of human relationship
which 23that will aid in accomplishing the
foregoing objectives, and initiate such public
24programs and studies and participate in and promote such privately sponsored
25programs and studies purposes and duties of the commission.
AB710,362,2
14. Have authority to conduct public hearings within the
municipality local
2governmental unit and to administer oaths to persons testifying before it.
AB710,362,18
3(4) Composition of commission. The commission shall be nonpartisan and
4composed of citizens residing in the
municipality
local governmental unit, including
5representatives of the clergy and minority groups
, and the composition thereof, 6number and. The composition of the commission and the method of appointing and
7removing
the commission members
thereof shall be determined by the governing
8body of the
municipality local governmental unit creating or participating in the
9commission. Notwithstanding s. 59.10 (4) or
66.11
66.0501 (2), a member of
such the
10local governmental unit's governing body may serve on the commission, except that
11a county board member in a county having a population over 500,000 may not accept
12compensation for serving on the commission. Of the persons first appointed,
13one-third shall hold office for one year, one-third for 2 years, and one-third for 3
14years from the first day of February next following their appointment, and until their
15respective successors are appointed and qualified. All succeeding terms shall be for
163 years. Any vacancy shall be filled for the unexpired term in the same manner as
17original appointments. Every person appointed as a member of the commission shall
18take and file the official oath.
AB710,363,2
19(7) Designation of commissions as cooperating agencies under federal law. 20(a) The commission may be the official agency of the
municipality local governmental
21unit to accept assistance under title II of the federal economic opportunity act of
221964. No assistance shall be accepted with respect to any matter to which objection
23is made by the legislative body creating
such the commission, but if the commission
24is established on an intergovernmental basis and
such objection is made by any
1participating legislative body
said, assistance may be accepted with the approval of
2a majority of the legislative bodies participating in
such the commission.
AB710,363,103
(b) The commission may be the official agency of the
municipality local
4governmental unit to accept assistance from the community relations service of the
5U.S. department of justice under title X of the federal civil rights act of 1964 to
6provide assistance to communities in resolving disputes, disagreements or
7difficulties relating to discriminatory practices based on sex, race, color or national
8origin which may impair the rights of persons in the
municipality local governmental
9unit under the constitution or laws of the United States or which affect or may affect
10interstate commerce.
AB710, s. 450
11Section
450. 66.434 (title) of the statutes is repealed.
AB710, s. 451
12Section
451. 66.434 of the statutes is renumbered 46.30 (5) and amended to
13read:
AB710,363,1614
46.30
(5) City, village or town assistance. A city, village or town may
15appropriate funds for promoting and assisting
any
a community action agency
under
16s. 46.30.
AB710, s. 452
17Section
452. 66.435 of the statutes is renumbered 66.1337, and 66.1337 (2),
18(2m) (a) (intro.), 2. and 4. and (b) and (3) to (7), as renumbered, are amended to read:
AB710,364,1319
66.1337
(2) Findings. It is
hereby found and declared that there exists in
20municipalities of the state slum, blighted and deteriorated areas which constitute a
21serious and growing menace injurious to the public health, safety, morals and
22welfare of the residents of the state, and the findings and declarations made
before
23August 3, 1955 in s.
66.43 (2) 66.1331 are
in all respects affirmed and restated
; that
24while certain. Certain slum, blighted or deteriorated areas
, or portions thereof, may
25require acquisition and clearance, as provided in s.
66.43 66.1331, since the
1prevailing condition of decay may make impracticable the reclamation of the area by
2conservation or rehabilitation in
such a manner that
eliminates, remedies or
3prevents the conditions and evils
hereinbefore enumerated may be eliminated,
4remedied or prevented, and to of these areas. To the extent feasible salvable slum
5and blighted areas should be conserved and rehabilitated through voluntary action
6and the regulatory process
; and all. All acts and purposes provided for by this section
7are for and constitute public uses and are for and constitute public purposes
, and that
8moneys. Moneys expended
in connection with such powers under this section are
9declared to be for public purposes and to preserve the public interest, safety, health,
10morals and welfare. Any municipality in carrying out the provisions of this section
11shall afford maximum opportunity consistent with the sound needs of the
12municipality as a whole to the rehabilitation or redevelopment of areas by private
13enterprise.
AB710,364,15
14(2m) (a) (intro.) "Rehabilitation or conservation work"
may include includes 15any of the following:
AB710,364,2116
2. Acquisition of real property and demolition, removal or rehabilitation of
17buildings and improvements
thereon on the property where necessary to eliminate
18unhealthful, unsanitary or unsafe conditions, lessen density, reduce traffic hazards,
19eliminate obsolete or other uses detrimental to the public welfare,
or to otherwise
20remove or prevent the spread of blight or deterioration, or to provide land for needed
21public facilities.
AB710,364,2522
4. The disposition, for uses in accordance with the objectives of the urban
23renewal project, of any property
or part thereof acquired in the area of the project.
24The disposition shall be in the manner prescribed in this section for the disposition
25of property in a redevelopment project area.
AB710,365,6
1(b) "Urban renewal project"
may include
includes undertakings and activities
2for the elimination and for the prevention of the development or spread of slums or
3blighted, deteriorated or deteriorating areas and may involve any work or
4undertaking for
such this purpose constituting a redevelopment project or any
5rehabilitation or conservation work, or any combination of
such the undertaking or
6work.
AB710,365,9
7(3) Urban renewal projects. In addition to its authority under any other
8section, a A municipality
is authorized to may plan and undertake urban renewal
9projects.
AB710,366,8
10(4) Workable program. (a)
1. The governing body of the municipality, or
such 11the public officer or public body
as
that it designates, including a housing authority
12organized and created under s.
66.40 66.1201, a redevelopment authority created
13under s.
66.431 66.1333 or a community development authority created under s.
1466.4325, is authorized to 66.1335, may prepare a workable program for utilizing
15appropriate private and public resources to eliminate, and prevent the development
16or spread of, slums and urban blight and deterioration, to encourage needed urban
17rehabilitation, to provide for the redevelopment of blighted, deteriorated or slum
18areas, or to undertake those activities or other feasible activities that may be suitably
19employed to achieve
the these objectives
of such a program. The governing body may
20by resolution or ordinance provide the specific means by which a workable program
21can be effectuated and may confer upon its officers and employes the power required
22to carry out a program of rehabilitation and conservation for the restoration and
23removal of blighted, deteriorated or deteriorating areas. If a municipality finds that
24there exists in the municipality dwellings or other structures that are unfit for
25human habitation due to dilapidation, defects that increase the hazards of fire,
1accidents or other calamities, lack of ventilation, light or sanitary facilities or other
2conditions, rendering the dwellings or other structures unsanitary, dangerous or
3detrimental to the health, safety or morals, or otherwise inimical to the welfare of
4the residents of the municipality, the municipality may enact the resolutions or
5ordinances that it considers appropriate and effectual in order to prevent those
6conditions and may require
or cause the repair, closing, demolition or removal of the
7dwellings or other structures.
For the purposes of the resolutions or ordinances, a
8"dwelling"
AB710,366,9
92. In this subsection:
AB710,366,13
10a. "Dwelling" means any building, structure or part of the building or structure
11that is used and occupied for human habitation or intended to be so used and includes
12any appurtenances belonging to it or usually enjoyed with it.
The term "structure"
13also
AB710,366,15
14b. "Structure" includes fences, garages, sheds, and any type of store or
15commercial, industrial or manufacturing building.
AB710,367,6
163. The ordinances or resolutions
under subd. 1. shall require that, if there are
17reasonable grounds to believe that there has been a violation of the ordinances or
18resolutions, notice of the alleged violation shall be given to the alleged responsible
19person by appropriately designated public officers or employes of
such the 20municipality. Every such notice shall be in writing; include a description of the real
21estate sufficient for identification; include a statement of the reason for issuance;
22specify a time for the performance of any act that the notice requires; and be served
23upon the alleged responsible person. The notice of violation is properly served on the
24person if a copy of it is delivered to the person personally; is left at the person's usual
25place of abode, in the presence of someone in the family of suitable age and discretion
1who shall be informed of the contents of the notice; is sent by registered mail or by
2certified mail with return receipt requested to the person's last-known address; or,
3if the registered or certified letter with the copy of the notice is returned showing the
4letter has not been delivered to the person, by posting a copy of the notice in a
5conspicuous place in or about the dwelling or other structure affected by the notice.
6Any
AB710,368,3
74. A person affected by
such a notice
under subd. 3. may request and shall be
8granted a hearing on the matter before a board or commission established by the
9governing body of
such the municipality or before a local health officer. The person
10shall file in the office of the designated board or commission or the local health officer
11a written petition requesting the hearing and setting forth a statement of the
12grounds for it within 20 days after the day the notice was served. Within 10 days
13after receipt of the petition, the designated board or commission or the local health
14officer shall set a time and place for the hearing and shall give the petitioner written
15notice of it. At the hearing the petitioner
shall have an opportunity to may be heard
16and
to show cause why the notice should be modified or withdrawn. The hearing
17before the designated board or commission or the local health officer shall be
18commenced not later than 30 days after the date on which the petition was filed.
19Upon written application of the petitioner to the designated board or commission or
20the local health officer, the date of the hearing may be postponed for a reasonable
21time beyond the 30-day period, if, in the judgment of the board, commission or local
22health officer, the petitioner has submitted a good and sufficient reason for
such a 23postponement. Any notice served under this section
shall become becomes an order
24if a written petition for a hearing is not filed in the office of the designated board or
25commission or the local health officer within 20 days after
such the notice is served.
1The designated board or commission or the local health officer may administer oaths
2and affirmations
in connection with the conduct of any hearing held under this
3section.
AB710,368,22
45. After the hearing the designated board or commission or the local health
5officer shall sustain, modify or cancel the notice
given under subd. 3., depending
6upon its findings as to whether the provisions of the resolutions or ordinances have
7been complied with. The designated board or commission or the local health officer
8may
also modify any notice
so as to authorize a variance from the provisions of the
9resolutions or ordinances when, because of special conditions, enforcement of the
10provisions of the resolutions or ordinances will result in practical difficulty or
11unnecessary hardship, if the intent of the resolutions or ordinances will be observed
12and public health and welfare secured. If the designated board or commission or the
13local health officer sustains or modifies the notice, the sustained or modified notice
14is an order, and the persons affected by the order shall comply with all provisions of
15the order within a reasonable period of time, as determined by the board, commission
16or local health officer. The proceedings at the hearing, including the findings and
17decisions of the board, commission or local health officer, shall be reduced to writing
18and entered as a matter of public record in the office of the board, commission or local
19health officer. The record shall also include a copy of every notice or order issued in
20connection with the matter. A copy of the written decision of the board, commission
21or local health officer shall
then be served, in the same manner prescribed for service
22of notice
under subd. 3., on the person who filed the petition for hearing.
AB710,369,8
236. If the local health officer finds that an emergency exists that requires
24immediate action to protect the public health, the local health officer may, without
25notice or hearing, issue an order reciting the existence of
such an the emergency and
1requiring that action be taken that the local health officer determines is necessary
2to meet the emergency. This order
shall be is effective immediately. Any person to
3whom the order is directed shall comply with it, but shall be afforded a hearing as
4specified in this
section subsection if the person immediately files a written petition
5with the local health officer requesting the hearing. After the hearing, depending
6upon the findings of the local health officer as to whether an emergency still exists
7that requires immediate action to protect the public health, the local health officer
8shall continue the order in effect or modify or revoke it.
AB710,370,79
(b)
Any A person aggrieved by the determination of
any a board, commission
10or local health officer, following review of an order issued under this
section 11subsection, may appeal directly to the circuit court of the county in which the
12dwelling or other structure is located by filing a petition for review with the clerk of
13the circuit court within 30 days after a copy of the order of the board, commission or
14local health officer has been served upon the person. The petition shall state the
15substance of the order appealed from and the grounds upon which the person
16believes the order to be improper. A copy of the petition shall be served upon the
17board, commission or local health officer whose determination is appealed. The copy
18shall be served personally or by registered or certified mail within the 30-day period
19provided in this paragraph. A reply or answer shall be filed by the board, commission
20or local health officer within 15 days after the receipt of the petition. A copy of the
21written proceedings of the hearing held by the board, commission or local health
22officer which led to service of the order being appealed shall be included with the
23reply or answer when filed. If it appears to the court that the petition is filed for
24purposes of delay, the court shall, upon application of the municipality, promptly
25dismiss the petition. Either party to the proceedings may
then petition the court for
1an immediate hearing on the order. The court shall review the order and the copy
2of written proceedings of the hearing conducted by the board, commission or local
3health officer, shall take testimony that the court determines is appropriate, and,
4following a hearing upon the order without a jury, shall make its determination. If
5the court affirms the determination made by the board, commission or local health
6officer, the court shall fix a time within which the order appealed from
shall become 7becomes operative.
AB710,370,19
8(5) General powers conferred upon municipalities. The governing body of
9any a municipality
shall have and there is hereby expressly conferred upon it has all
10powers necessary and incidental to effect a program of urban renewal, including
11functions with respect to rehabilitation and conservation for the restoration and
12removal of blighted, deteriorated or deteriorating areas, and
such the local governing
13body
is hereby authorized to may adopt
such resolutions or ordinances
as may be
14required for the purpose of carrying out that program and the objectives and
15purposes of this section. In connection with the planning, undertaking and financing
16of the urban renewal program or projects, the governing body of any municipality
17and all public officers, agencies and bodies
shall have all the rights, powers,
18privileges and immunities which they have with respect to a redevelopment project
19under s.
66.43 66.1331.
AB710,370,25
20(6) Assistance to urban renewal by municipalities and other public bodies. 21Any A public body
is authorized to may enter into agreements, which may extend
22over any period notwithstanding any provision or rule of law to the contrary, with any
23other public body
or bodies respecting action to be taken pursuant to any of the
24powers granted by this section, including the furnishing of funds or other assistance
25in connection with an urban renewal plan or urban renewal project.
AB710,371,5
1(7) Powers herein granted to be supplemental and not in derogation. (a)
2Nothing in this section
shall may be construed to abrogate or impair the powers of
3the courts or of any department of any municipality to enforce any provisions of its
4charter
or its, ordinances or regulations, nor to prevent or punish violations
thereof 5of its charter, ordinances or regulations.
AB710,371,86
(b) Nothing in this section
shall may be construed to impair or limit
in any way 7the power of the municipality to define and declare nuisances and to cause their
8removal or abatement, by summary proceedings or otherwise.
AB710,371,149
(c) The powers conferred by this section
shall be
are in addition and
10supplemental to the powers conferred by any other law
; and this. This section shall
11be construed liberally to effectuate
the its purposes
hereof and
the its enumeration
12therein of specific powers
shall
does not
operate to restrict the meaning of any
13general grant of power contained in this section or
to exclude other powers
14comprehended in
such the general grant.
AB710, s. 453
15Section
453. 66.436 of the statutes is renumbered 66.1339 and amended to
16read:
AB710,371,19
1766.1339 Villages to have certain city powers. Villages
shall have all of the
18powers of cities under ss.
66.395 66.1105, 66.1201 to
66.425, 66.43, 66.431, 66.4325,
1966.435 and 66.46 66.1329 and 66.1331 to 66.1337.
AB710, s. 454
20Section
454. 66.437 of the statutes is renumbered 66.1341 and amended to
21read:
AB710,372,2
2266.1341 Towns to have certain city powers. Towns
shall have all of the
23powers of cities under ss.
66.40 to 66.425, 66.43, 66.431, 66.4325, 66.505 and 66.508 2466.0923, 66.0925, 66.1201 to 66.1329 and 66.1331 to 66.1335, except the powers
1under s.
66.40 66.1201 (10) and any other powers that conflict with statutes relating
2to towns and town boards.
Note: Repealed as no longer necessary. The section authorizes housing
authorities to develop and administer housing projects to provide housing for
persons and their families engaged in war industries or activities.
AB710, s. 456
4Section
456. 66.45 of the statutes is renumbered 66.0315 and amended to
5read:
AB710,372,22
666.0315 Municipal cooperation; federal rivers, harbors or water
7resources projects. Any A county, town, city or village acting under its powers and
8in conformity with state law may enter into an agreement with an agency of the
9federal government to cooperate in the construction, operation or maintenance of
10any federally authorized rivers, harbors or water resources management or control
11project or to assume any potential liability appurtenant to
such a project and may
12do all things necessary to consummate the agreement. If
such a project will affect
13more than one municipality, the municipalities affected may jointly enter into
such 14an agreement
under this section with an agency of the federal government carrying
15such any terms and provisions concerning the division of costs and responsibilities
16as may be that are mutually agreed upon. The
affected municipalities
concerned 17may by agreement submit any determinations of the division of construction costs,
18responsibilities, or any other liabilities among them to an arbitration board. The
19determination of
such a the arbitration board shall be final. This section shall not
20be construed as a grant or delegation of power or authority to any county, town, city,
21village or other local municipality to do any work in or place any structures in or on
22any navigable water except as it is otherwise expressly authorized by state law to do.
AB710, s. 457
1Section
457. 66.46 (title), (1) and (2) (intro.), (a) to (e) and (f) 1. (intro.) and a.
2to k. of the statutes are renumbered 66.1105 (title), (1) and (2) (intro.), (a) to (e) and
3(f) 1. (intro.) and a. to k., and 66.1105 (2) (a) 1. b., (e) and (f) 1. (intro.), b. and h., as
4renumbered, are amended to read:
AB710,373,105
66.1105
(2) (a) 1. b. An area which is predominantly open and which consists
6primarily of an abandoned highway corridor, as defined in s.
66.431 66.1333 (2m) (a),
7or that consists of land upon which buildings or structures have been demolished and
8which because of obsolete platting, diversity of ownership, deterioration of
9structures or of site improvements, or otherwise, substantially impairs or arrests the
10sound growth of the community.
AB710,373,1411
(e) "Planning commission" means a plan commission created under s. 62.23, a
12board of public land commissioners if the city has no plan commission, or a city plan
13committee of the local legislative body, if the city has neither
such a commission nor
14such a board.
AB710,374,215
(f) 1. (intro.) "Project costs" mean any expenditures made or estimated to be
16made or monetary obligations incurred or estimated to be incurred by the city which
17are listed in a project plan as costs of public works or improvements within a tax
18incremental district or, to the extent provided in subd. 1. k., without the district, plus
19any
incidental costs
incidental thereto, diminished by any income, special
20assessments, or other revenues, including user fees or charges, other than tax
21increments, received or reasonably expected to be received by the city in connection
22with the implementation of the plan. For any tax incremental district for which a
23project plan is approved on or after July 31, 1981, only a proportionate share of the
24costs permitted under this subdivision may be included as project costs to the extent
25that they benefit the tax incremental district. To the extent the costs benefit the
1municipality outside the tax incremental district, a proportionate share of the cost
2is not a project cost.
The project costs "Project costs" include
, but are not limited to:
AB710,374,63
b. Financing costs, including, but not limited to, all interest paid to holders of
4evidences of indebtedness issued to pay for project costs and any premium paid over
5the principal amount
thereof of the obligations because of the redemption of
such
the 6obligations prior to maturity.
AB710,374,87
h. The amount of any contributions made under s.
66.431 66.1333 (13) in
8connection with the implementation of the project plan.
AB710, s. 459
11Section
459. 66.46 (2) (f) 2. and 3. and (g) to (m), (3) and (4) (intro.) and (a) to
12(gs ) of the statutes are renumbered 66.1105 (2) (f) 2. and 3. and (g) to (m), (3) and (4)
13(intro.) and (a) to (gs), and 66.1105 (2) (i) and (j), (3) (a), (b), (e) and (f) and (4) (a), (b),
14(c), (e), (f) and (gm) 1. to 3. and 4. a. and b., as renumbered, are amended to read:
AB710,374,2115
66.1105
(2) (i) "Tax increment" means that amount obtained by multiplying the
16total county, city, school and other local general property taxes levied on all taxable
17property within a tax incremental district in a year by a fraction having as a
18numerator the value increment for that year in
such
the district and as a
19denominator that year's equalized value of all taxable property in the district. In any
20year, a tax increment is "positive" if the value increment is positive; it is "negative"
21if the value increment is negative.