1995 Wisconsin Act 225

64.30 (1) (intro.) The council may create any general department of city affairs, such as:

(a) public Public finance and accounts;.

(b) public Public health, safety and sanitation;.

(c) streets Streets and public improvements;.

(d) public Public property ;.

(e) public Public charities and corrections; and.

(1m) The council may designate one of its members as the head thereof; but such of a general department created under sub. (1). A department head may be changed whenever it appears that the public service would be benefited thereby.

Note: Subdivides provision and replaces text for greater readability and conformity with current style.

225,203 Section 203 . 64.40 (1) of the statutes is amended by replacing “four thousand" with “4,000".

Note: Replaces word form of number with digit for greater conformity with current style.

225,204 Section 204 . 64.40 (2) of the statutes is amended to read:

64.40 (2) If a majority of the votes cast upon the question be described in sub. (1) are in favor thereof there shall be elected at the election held as provided by law upon the first Tuesday of April next succeeding a mayor and one alderperson for each four thousand 4,000 or major fraction thereof of population, all elected at large. Each such officer The mayor and alderpersons shall be nominated and elected in the manner provided by law for the nomination and election of candidates in cities other than those operating under this chapter. The alderpersons first elected shall be divided as nearly as may be into 2 equal classes, one class to serve for one year and the other class to serve for 2 years from the third 3rd Tuesday of April following such their election. Thereafter the term of each alderperson elected for a full term shall be 2 years. The term of office of the mayor shall be 2 years. The mayor and alderpersons shall hold office until the election and qualification of their respective successors.

Note: Replaces language for greater readability and conformity with current style.

225,205 Section 205 . 65.05 (3) of the statutes is amended to read:

65.05 (3) When any department, authorized to determine its expenditures and the taxes to be levied therefor, shall authorize a change in its budget by the common council it, the department shall file its resolution authorizing the change with the city clerk at least two 2 days prior to the time fixed by law for the adoption of such the budget, and the council shall then make the change in accordance therewith with the resolution.

Note: Replaces language for greater readability and conformity with current style.

225,206 Section 206 . 65.05 (5) of the statutes is amended by replacing “five" with “5".

Note: Replaces word form of number with digit for greater conformity with current style.

225,207 Section 207 . 66.01 (14) of the statutes is amended by replacing “trade or technical college schools" with “trade schools, technical colleges".

Note: Reorders language to clarify terms.

225,208 Section 208 . 66.021 (2) (a) of the statutes is amended to read:

66.021 (2) (a) Direct annexation. A petition for direct annexation may be filed with the city or village clerk if it has been signed by either of the following:

1. A number of qualified electors residing in such the territory subject to the proposed annexation equal to at least the majority of votes cast for governor in the territory at the last gubernatorial election, and either of the following:

a. the The owners of one-half of the land in area within such the territory, or.

b. the The owners of one-half of the real property in assessed value within such the territory; or.

2. If no electors reside in such the territory subject to the proposed annexation, by either of the following:

a. the The owners of one-half of the land in area within such the territory, or.

b. the The owners of one-half of the real property in assessed value within such the territory.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

225,209 Section 209 . 66.03 (6) of the statutes is amended to read:

66.03 (6) Meeting. The board or council of the municipality to which the territory is transferred shall fix a time and place for meeting and cause a written notice thereof to be given the clerk of the municipality from which such the territory is taken at least five 5 days prior to the date of the meeting. The apportionment may be made only by a majority of the members from each municipality who attend, and in case of committees, the action must be affirmed by the board or council so represented by the committee.

Note: Replaces language for greater readability and conformity with current style.

225,210 Section 210 . 66.05 (1) of the statutes is renumbered 66.05 (1m), and 66.05 (1m) (a), as renumbered, is amended by replacing “building or structure for a period" with “building for a period".

Note: The provision is renumbered for greater clarity and consistency with current drafting style. “Structure" is deleted as “building" by definition includes structures.

225,211 Section 211 . 66.05 (4) of the statutes is renumbered 66.05 (1g).

Note: Moves definition provision to proper location in conformity with current drafting style.

225,212 Section 212 . 66.05 (5) of the statutes is amended by replacing “sub. (1)" with “sub. (1m)".

Note: Amends cross-reference consistent with the changes made to s. 66.05 (1) (a) by this bill.

225,213 Section 213. 66.05 (6) of the statutes is amended by replacing “sub. (1)" with “sub. (1m)".

Note: Amends cross-reference consistent with the renumbering of s. 66.05 (1) (a) by this bill.

225,214 Section 214 . 66.05 (8) (am) of the statutes is amended by replacing “sub. (1) (a)" with “sub. (1m) (a)".

Note: Amends cross-reference consistent with the renumbering of s. 66.05 (1) (a) by this bill.

225,215 Section 215 . 66.05 (8) (b) 1. of the statutes is amended to read:

66.05 (8) (b) 1. If an owner fails to remedy or improve the defect in accordance with the written notice furnished by the building inspector or other designated officer under par. (am) within the 30-day period specified in the written notice, the building inspector or other designated officer shall apply to the circuit court of the county in which the building is located for an order determining that the building constitutes a public nuisance. As a part of the application for such order from the circuit court the building inspector or other designated officer shall file a verified petition which recites the giving of such written notice, the defect or defects in such building, the owner's failure to comply with the notice and such other pertinent facts as may be related thereto. A copy of the petition shall be served upon the owner of record or the owner's agent if an agent is in charge of the building and upon the holder of any encumbrance of record under sub. (1) (1m) (a) and the owner shall have 20 days following service upon the owner in which to reply to such petition. Upon application by the building inspector or other designated officer the circuit court shall set promptly the petition for hearing. Testimony shall be taken by the circuit court with respect to the allegations of the petition and denials contained in the verified answer. If the circuit court after hearing the evidence with respect to the petition and the answer determines that the building constitutes a public nuisance, the court shall issue promptly an order directing the owner of the building to remedy the defect and to make such repairs and alterations as may be required. The court shall set a reasonable period of time in which the defect shall be remedied and the repairs or alterations completed. A copy of the order shall be served upon the owner as provided in sub. (1) (1m) (a). The order of the circuit court shall state in the alternative that if the order of the court is not complied with within the time fixed by the court, the court will appoint a receiver or authorize the building inspector or other designated officer to proceed to raze and remove the building and restore the site to a dust-free and erosion-free condition under par. (bg).

Note: Amends cross-references consistent with the renumbering by this bill.

225,216 Section 216 . 66.05 (8) (d) of the statutes is amended to read:

66.05 (8) (d) Any building, which under par. (am) either as a result of vandalism or for any other reason is permitted to deteriorate or become dilapidated or blighted to the extent where windows, doors or other openings or plumbing or heating fixtures or facilities or appurtenances of such the building , dwelling or structure are either damaged, destroyed or removed so that such the building, dwelling or structure offends the aesthetic character of the immediate neighborhood and produces blight or deterioration by reason of such condition, is a public nuisance.

Note: Deletes redundant language.

225,217 Section 217 . 66.05 (9) (a) 1m. of the statutes is amended to read:

66.05 (9) (a) 1m. “Historic building" means any building, structure or object listed on, or any building, structure or object within and contributing to a historic district listed on, the national register of historic places in Wisconsin, the state register of historic places or a list of historic places maintained by a municipality.

Note: Deletes redundant language.

225,218 Section 218 . 66.058 (3) (c) (intro.) of the statutes is renumbered 66.058 (3) (c) 1. (intro.) and amended to read:

66.058 (3) (c) 1. (intro.) In addition to the license fee provided in pars. (a) and (b), each local taxing authority shall collect from each mobile home occupying space or lots in a park in the city, town or village, except from mobile homes that constitute improvements to real property under s. 70.043 (1) and from recreational mobile homes and camping trailers as defined in s. 70.111 (19), a monthly parking permit fee computed as follows:

a. On January 1, the assessor shall determine the total fair market value of each mobile home in the taxation district subject to the monthly parking permit fee.

b. The fair market value, determined under subd. 1. a., minus the tax-exempt household furnishings thus established, shall be equated to the general level of assessment for the prior year on other real and personal property in the district.

c. The value of each mobile home thus , determined under subd. 1. b., shall be multiplied by the general property gross tax rate, less any credit rate for the property tax relief credit, established on the preceding year's assessment of general property.

d. The total annual parking permit fee thus, computed under subd. 1. c., shall be divided by 12 and shall represent the monthly mobile home parking permit fee.

2. The monthly parking permit fee shall be applicable to mobile homes moving into the tax district any time during the year. The park operator shall furnish information to the tax district clerk and the assessor on mobile homes added to the park within 5 days after their arrival, on forms prescribed by the department of revenue. As soon as the assessor receives the notice of an addition of a mobile home to a park, the assessor shall determine its fair market value and notify the clerk of that determination. The clerk shall equate the fair market value established by the assessor and shall apply the appropriate tax rate, divide the annual parking permit fee thus determined by 12 and notify the mobile home owner of the monthly fee to be collected from the mobile home owner. A municipality, by ordinance, may require the mobile home park operator to collect the monthly parking fee from the mobile home owner. Liability for payment of the fee shall begin on the first day of the next succeeding month and shall remain on the mobile home only for such months as the mobile home remains in the tax district.

3. A new monthly parking permit fee and a new valuation shall be established each January and shall continue for that calendar year.

4. The valuation established shall be subject to review as are other values established under ch. 70. If the board of review reduces a valuation on which previous monthly payments have been made the tax district shall refund past excess fee payments.

5. The monthly parking permit fee shall be paid by the mobile home owner to the local taxing authority on or before the 10th of the month following the month for which such parking permit fee is due.

7. No such monthly parking permit fee shall be imposed for any space occupied by a mobile home accompanied by an automobile for an accumulating period not to exceed 60 days in any 12 months if the occupants of the mobile home are tourists or vacationists. Exemption certificates in duplicate shall be accepted by the treasurer of the licensing authority from qualified tourists or vacationists in lieu of monthly mobile home parking permit fees.

8. The credit under s. 79.10 (9) (bm), as it applies to the principal dwelling on a parcel of taxable property of an owner shall apply to the estimated fair market value of a mobile home that is the principal dwelling of the owner. The owner of the mobile home shall file a claim for the credit with the treasurer of the municipality in which the property is located no later than January 31. To obtain the credit under s. 79.10 (9) (bm), the owner shall attest on the claim that the mobile home is the owner's principal dwelling, as defined in s. 79.10 (1) (f). The treasurer shall reduce the owner's parking permit fee by the amount of any allowable credit. The treasurer shall furnish notice of all claims for credits filed under this paragraph subdivision to the department of revenue as provided under s. 79.10 (1m).

Note: Subdivides provision and rearranges text for greater readability and conformity with current style.

225,219 Section 219 . 66.058 (3) (c) 1. of the statutes is repealed.

225,220 Section 220 . 66.058 (3) (c) 6. of the statutes is created to read:

66.058 (3) (c) 6. The licensee of a park shall be liable for the monthly parking permit fee for any mobile home occupying space therein as well as the owner and occupant thereof. A municipality, by ordinance, may require the mobile home park operator to collect the monthly parking permit fee from the mobile home owner.

225,221 Section 221 . 66.066 (1a) of the statutes is amended to read:

66.066 (1a) Nothing herein in this section shall be construed to limit the authority of any municipality to acquire, own, operate and finance in the manner provided in this section, a source of water supply and necessary transmission facilities (, including all real and personal property), beyond its corporate limits, and a. A source of water supply 50 miles beyond such a municipality's corporate limits shall be deemed considered to be within such a municipality's authority.

Note: Replaces parentheses and language for greater readability and conformity with current style.

225,222 Section 222 . 66.073 (6) (h) of the statutes is amended to read:

66.073 (6) (h) Acquire, own, hold, use, lease (as lessor or lessee), sell or otherwise dispose of, mortgage, pledge, or grant a security interest in any real or personal property, commodity or service or interest therein subject to s. 182.017 (7).

Note: Deletes parentheses for greater conformity with current style.

225,223 Section 223 . 66.073 (8) (a) of the statutes is renumbered 66.073 (8) (a) 2. and amended to read:

66.073 (8) (a) 2. The contracting municipalities may provide in the contract created under sub. (5) for payment to the company of funds for commodities to be procured and services to be rendered by the company. These municipalities and other persons and public agencies may enter into purchase agreements with the company for the purchase of electric power and energy whereby the purchaser is obligated to make payments in amounts which shall be sufficient to enable the company to meet its expenses, interest and principal payments (, whether at maturity or upon debt service fund redemption), reasonable reserves for debt service, operation and maintenance and renewals and replacements and the requirements of any rate covenant with respect to debt service coverage contained in any resolution, trust indenture or other security instrument.

3. Purchase agreements entered into under subd. 2. may, in addition to the provisions authorized under subd.. 2., contain such other terms and conditions as that the company and the purchasers may determine, including provisions whereby the purchaser is obligated to pay for power irrespective of whether energy is produced or delivered to the purchaser or whether any project contemplated by any such agreement is completed, operable or operating, and notwithstanding suspension, interruption, interference, reduction or curtailment of the output of such project. Such

4. Purchase agreements entered into under subd. 2. may be for a term covering the life of a project or for any other term, or for an indefinite period. The contract created under sub. (5) or a purchase agreement may provide that if one or more of the purchasers defaults in the payment of its obligations under any such a purchase agreement, the remaining purchasers which also have such purchase agreements shall be required to accept and pay for and shall be entitled proportionately to use or otherwise dispose of the power and energy to be purchased by the defaulting purchaser. For purposes of this paragraph the phrase “purchase of electric power and energy" includes any right to capacity or interest in any project.

Note: Subdivides provision, deletes parentheses and replaces and repositions language for greater conformity with current style. See also the next section of this bill.

225,224 Section 224 . 66.073 (8) (a) 1. of the statutes is created to read:

66.073 (8) (a) 1. In this paragraph, “purchase of electric power and energy" includes any right to capacity or interest in any project.

Note: Moves definition to beginning of paragraph in conformity with current style. See also the previous section of this bill.

225,225 Section 225 . 66.10 of the statutes is renumbered 66.10 (intro.) and amended to read:

66.10 Official publication. (intro.) Whenever in under ss. 66.01 to 66.08 publication is required to be in the official paper of other than a city, and there is no official paper, the publication shall be as follows:

(1) By publication in a paper published in the municipality and designated by the officers or body conducting the proceedings, and if there be.

(2) If no paper is published in the municipality, then by publication in a paper published in the county and having which has a general circulation in the municipality and so is designated by the officers or body conducting the proceedings, and by posting in at least four 4 public places in the municipality, and if there be also.

(3) If no such paper then is published in the county which has a general circulation in the municipality, by such posting in at least 4 public places in the municipality.

Note: Renumbers provision and replaces language for greater readability and conformity with current style.

225,226 Section 226 . 66.125 of the statutes is amended to read:

66.125 Orders; action; proof of demand. No action shall be brought upon any city, village, town or school district order until the expiration of 30 days after a demand for the payment of the same shall have been made. If such an action is brought and the defendant fails to appear and defend the same action, judgment shall not be entered without affirmative proof of such the demand, and if. If judgment is entered without such proof of the demand, the judgment shall be absolutely void.