66.0423 (1) In this section:
(a) "Sale of merchandise" includes a sale in which the personal services rendered upon or in connection with the merchandise constitutes the greatest part of value for the price received, but does not include a farm auction sale conducted by or for a resident farmer of personal property used on the farm or the sale of produce or other perishable products at retail or wholesale by a resident of this state.
(b) "Transient merchant" means a person who engages in the sale of merchandise at any place in this state temporarily and who does not intend to become and does not become a permanent merchant of that place.
Note: Incorporates a definition from s. 130.065 (1m), 1987 stats., into the current statute regarding the regulation of transient merchants. See Section 251 of this bill.
150,111 Section 111. 66.0425 (10) of the statutes is created to read:
66.0425 (10) A privilege may be granted only as provided in this section.
150,112 Section 112. 66.0435 (10) of the statutes is created to read:
66.0435 (10) The powers conferred on licensing authorities by this section are in addition to all other grants of authority and are limited only by the express language of this section.
Note: Restates a provision of s. 66.058 (2) (b) that is deleted by Section 158 .
150,113 Section 113. 66.044 of the statutes is renumbered 66.0609, and 66.0609 (1) to (4), as renumbered, are amended to read:
66.0609 (1) The governing body of any a village or of any a city of the 2nd, 3rd or 4th class may by ordinance enact an alternative system of approving financial claims against the municipal treasury other than claims subject to s. 893.80. The ordinance shall provide that payments may be made from the city or village treasury after the comptroller or clerk of the city or village audits and approves each claim as a proper charge against the treasury, and endorses his or her approval on the claim after having determined that all of the following conditions have been complied with:
(a) That funds are available therefor for the claim pursuant to the budget approved by the governing body.
(b) That the item or service covered by such the claim has been duly authorized by the proper official, department head or board or commission.
(c) That the item or service has been actually supplied or rendered in conformity with such the authorization described in par. (b).
(d) That the claim is just and valid pursuant to law. The comptroller or clerk may require the submission of such proof and evidence to support the foregoing claim as in that officer's discretion may be deemed the officer considers necessary.
(2) Such The ordinance under sub. (1) shall require that the clerk or comptroller shall file with the governing body not less than monthly a list of the claims approved, showing the date paid, name of claimant, purpose and amount.
(3) The ordinance under sub. (1) shall provide require that the governing body of the city or village shall authorize obtain an annual detailed audit of its financial transactions and accounts by a public accountant licensed under ch. 442 and designated by the governing body.
(4) Such The system shall be under sub. (1) is operative only if the comptroller or clerk is covered by a fidelity bond of not less than $5,000 in villages and cities of the fourth 4th class cities, of not less than $10,000 in cities of the third 3rd class cities, and of not less than $20,000 in cities of the second 2nd class cities.
150,114 Section 114. 66.045 of the statutes is renumbered 66.0425 and amended to read:
66.0425 Privileges in streets. (1) Privilege for In this section, "privilege" means the authority to place an obstruction or excavation beyond the a lot line, or within a highway in any a town, village, or city, other than by general ordinance affecting the whole public, shall be granted only as provided in this section.
(2) Application therefor shall be made A person may apply to the a town or village board or the common council, and the of a city for a privilege. A privilege shall may be granted only on condition that by its acceptance if the applicant shall become primarily liable assumes primary liability for damages to person or property by reason of the granting of the privilege, be is obligated to remove the same an obstruction or excavation upon 10 days' notice by the state or the municipality and waive waives the right to contest in any manner the validity of this section or the amount of compensation charged and that the. The grantor of the privilege may require the applicant to file such a bond as the board or council require, not exceeding that does not exceed $10,000 running ; that runs to the town, village, or city, and such third to 3rd parties as that may be injured, to secure; and that secures the performance of these the conditions. But if specified in this subsection. If there is no established lot line and the application is accompanied by a blue print, the town or village board or the common council of the city may make such impose any conditions as they deem on the privilege that it considers advisable.
(3) Compensation for the special a privilege shall be paid into the general fund and shall be fixed, in towns by the chairperson, in villages by the president, and in cities by a board consisting of the board or commissioner of public works, city attorney and mayor by the governing body of a city, village or town or by the designee of the governing body.
Note: Amends sub. (3) regarding compensation for the municipal award of a privilege. Current law states that compensation is determined by specified municipal officers. Section 66.0425 (3) now provides that compensation will be determined by the governing body of a city, village or town or by the designee of the governing body.
(4) The holder of such special a privilege shall be is not entitled to no damages for removal of the an obstruction or excavation, and if the holder shall does not remove the same obstruction or excavation upon due notice, it shall be removed at the holder's expense.
(5) Third parties whose rights are interfered with by the granting of such a privilege shall have a right of action against the holder of the special privilege only.
(6) Subsections (1) to (5) do not apply to telecommunications carriers, as defined in s. 196.01 (8m), telecommunications utilities, as defined in s. 196.01 (10), alternative telecommunications utilities, as defined in s. 196.01 (1d), public service corporations, or to cooperative associations organized under ch. 185 to render or furnish telecommunications service, gas, light, heat or power, but such the carriers, utilities, corporations and associations shall secure a permit from the proper official for temporary obstructions or excavation excavations in a highway and shall be are liable for all injuries to person or property thereby caused by the obstructions or excavations.
(7) This section does not apply to such an obstruction or excavation that is in place for not longer less than 3 months 90 days, and for which a permit has been granted by the proper official.
(8) Obstruction This section applies to an obstruction or excavation by a city, village or town in any street, alley, or public place belonging to any other municipality is included in this section.
(9) Anyone causing any obstruction or excavation to Any person who violates this section may be made contrary to subs. (1) to (8) shall be liable to a fine of fined not less than $25 and not nor more than $500, or to imprisonment in the county jail imprisoned for not less than 10 days nor more than 6 months, or to both such fine and imprisonment.
150,115 Section 115 . 66.046 of the statutes is renumbered 66.0429, and 66.0429 (1) and (3) (a), as renumbered, are amended to read:
66.0429 (1) The governing body of a city, village or town may set aside streets or roads that are not a part of any federal, state or county trunk highway system for the safety of children in coasting or other play activities, and may obstruct or barricade such the streets or roads to safeguard the children from accidents. The governing body of the city, village or town shall may erect and maintain thereon on the streets or roads barriers or barricades, lights, or warning signs therefor and shall is not be liable for any damage caused thereby by the erection or maintenance.
(3) (a) The governing body of a city may monitor or limit access to streets that are not part of any federal, state or county trunk highway system or connecting highway, as described in s. 84.02 (11), for the purposes of security or public safety. The governing body of a city may authorize gates or security stations, or both, to be erected and maintained to monitor traffic or limit access on such these streets. The restriction of access to streets that is authorized under this subsection may does not affect a city's eligibility for state transportation aids.
150,116 Section 116. 66.047 of the statutes is renumbered 66.0831 and amended to read:
66.0831 Interference with public service structure. No A contractor having with a contract for any work upon, over, along or under any a public street or highway shall may not interfere with, destroy or disturb the structures of any a public utility as defined under s. 196.01 (5), and, including a telecommunications carrier as defined in s. 196.01 (8m), encountered in the performance of such the work so as to interrupt, impair or affect in a manner that interrupts, impairs or affects the public service for which such the structures may be used, without first procuring obtaining written authority from the commissioner of public works, or other properly constituted appropriate authority. It shall, however, be the duty of every A public utility, whenever a if given reasonable notice by the contractor of the need for temporary protection of, or a temporary change in, its the utility's structures, located upon, over, along or under the surface of any public street or highway is deemed determined by the commissioner of public works, or other such duly constituted appropriate authority, to be reasonably necessary to enable the accomplishment of such work, to so shall temporarily protect or change its said structures; provided, that such contractor shall give reasonable notice of such required temporary protection or temporary change to the public utility, and located upon, over, along or under the surface of a public street or highway. The contractor shall pay or assure to the public utility the reasonable cost thereof, except when of the temporary structure or change, unless the public utility is properly otherwise liable therefor under the law, but in all cases where such. If work is done by or for the state or by or for any county, city, village, town sanitary district, metropolitan sewerage district created under ss. 66.20 to 66.26 200.01 to 200.15 or 66.88 to 66.918 200.21 to 200.65 or town, the cost of such the temporary protection or temporary change shall be borne by the public utility.
150,117 Section 117. 66.048 of the statutes is renumbered 66.0915, and 66.0915 (1), (2), (3) (title), (a), (c) and (d) and (4), as renumbered, are amended to read:
66.0915 (1) Viaducts, private Private viaducts in cities, villages and towns. The privilege of erecting a viaduct above a public street, road or alley, for the purpose of connecting buildings on each side thereof, may be granted by the city council, village board or town board upon the written petition of the owners of all the frontage of the lots and lands abutting upon the portion thereof sought to be connected, and the owners of more than one-half of the frontage of the lots and lands abutting upon that portion of the remainder thereof which that lies within 2,650 feet from the ends of the portion proposed to be so connected. Whenever any of the lots or lands aforesaid If a lot or land is owned by the state, or by a county, city, village or town, or by a minor or incompetent person, or the title thereof to the lot or land is held in trust, as to all lots and lands so owned or held, said the petition may be signed by the governor, the chairperson of the county board, the mayor of the city, the president of the board of trustees of the village, the chairperson of the town board, the guardian of the minor or incompetent person, or the trustee, respectively, and the signature of any a private corporation may be made by its president, secretary or other principal officer or managing agent. Written notice stating when and where the petition will be acted upon, and describing the location of the proposed viaduct, shall be given by the city council, village board or town board by publication of a class 3 notice, under ch. 985.
(2) Viaducts, removal Removal of private viaducts. A viaduct in any a city, village or town may be discontinued by the city council, village board or town board, upon written petition of the owners of more than one-half of the frontage of the lots and lands abutting on the street or road approaching on each end of such the viaduct, which lies within 2,650 feet from the ends of such the viaduct. Whenever any of the lots or lands aforesaid If a lot or land is owned by the state, or by a county, city, village or town, or by a minor or incompetent person, or the title thereof to the lot or land is held in trust, as to all lots and lands so owned or held, said the petition may be signed by the governor, the chairperson of the county board, the mayor of the city, the president of the board of trustees of the village, the chairperson of the town board, the guardian of the minor or incompetent person, or the trustee, respectively, and the signature of any a private corporation may be made by its president, secretary or other principal officer or managing agent. Written notice stating when and where the petition will be acted upon, and stating what viaduct is proposed to be discontinued, shall be given by the city council, village board or town board by publication of a class 1 notice, under ch. 985, not less than one year before the day fixed for the hearing and a class 3 notice, under ch. 985, within the 30 days before the date of the hearing.
(3) (title) Lease of space over public places by cities, villages and towns. (a) Any A city, village or town may lease space over any street, road, alley or other public place in the city, village or town which is more than 12 feet above the level of the street, road, alley or other public place for any term not exceeding 99 years to the person who owns the fee in the property on both sides of the portion of the street, road, alley or other public place to be so leased, whenever if the governing body of the city, village or town is of the opinion determines that such the place is not needed for street, road, alley or other public purpose, and that the public interest will be served by such leasing.
(c) The lease shall be signed on behalf of the city, village or town by the mayor, village president or town board chairperson and shall be attested by the city, village or town clerk under the corporate seal. The lease shall also be executed by the lessee in such a manner as necessary to bind that binds the lessee. After being duly executed and acknowledged the lease shall be recorded in the office of the register of deeds of the county in which is located the leased premises are located.
(d) If, in the judgment of such governing body, determines that the public interest requires that any building erected in the leased space be removed so that a street, road, alley or public place may be restored to its original condition, the lessor city, village or town may condemn the lessee's interest in the leased space by proceeding under ch. 32. After payment of such any damages as may be fixed in the condemnation proceedings, the city, village or town may remove all buildings or other structures from the leased space and restore the buildings adjoining the leased space to their original condition.
(4) Sale or lease of space over or below public place. (a) Any A city, village or town may sell or lease the space over or below ground level of any street, road, alley or public place or municipally owned real estate or below ground level thereof to any person, if the governing body determines by resolution and states the reasons that such the action is in the best public interest and states the reasons therefor and the prospective purchaser or lessee has provided for the removal and relocation expense for any facilities devoted to a public use where such relocation is necessary for the purposes of the purchaser or lessee. Leases shall be granted by ordinance and shall not exceed 99 years in length. No lease shall may be granted nor or use authorized hereunder which substantially interferes with the public purpose for which the surface of the land is used.
(b) Leases A lease shall specify purposes for which the leased space is to be used. If the purpose is to erect in the space a building or a structure attached to the lot, the lease shall contain a reasonably accurate description of the building to be erected and of the manner in which it shall be imposed will impose upon or around the lot. The lease shall also provide for use by the lessee of such those areas of the real estate as that are essential for ingress and egress to the leased space, for the support of the building or other structures to be erected and for the connection of essential public or private utilities to the building or structure.
(c) Any building erected in the space leased shall be operated, as far as practicable, separately from the municipal use. Such The structure shall conform to all state and municipal regulations.
(d) Any leases A lease under this subsection shall be is subject to sub. (3) (c) and (d).
150,118 Section 118. 66.0485 of the statutes is renumbered 66.0141.
150,119 Section 119. 66.049 of the statutes is renumbered 66.0405 and amended to read:
66.0405 Removal of rubbish. Cities, villages and towns may cause the removal of remove ashes, garbage, and rubbish from such classes of places therein in the city, village or town as the board or council shall direct directs. The removal may be from all such of the places or from those whose owners or occupants desire the service. Districts may be created and removal provided for certain of them districts only, and different regulations may be applied to each removal district or class of property. The cost of removal may be provided for funded by special assessment against the property served, by general tax upon the property of the respective districts, or by general tax upon the property of the city, village or town. If a city, village or town contracts for ash, garbage or rubbish removal service, it may contract 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.
150,120 Section 120 . 66.0495 (title) of the statutes is renumbered 30.13 (5m) (title).
150,121 Section 121. 66.0495 (1) (title) of the statutes is repealed.
150,122 Section 122. 66.0495 (1) (a) (title) of the statutes is repealed.
150,123 Section 123. 66.0495 (1) (a) of the statutes is renumbered 30.13 (5m) (a) 1. and amended to read:
30.13 (5m) (a) 1. The governing body of a city, village or town or a designated officer may order the owner of a wharf or pier which constitutes an unlawful obstruction of navigable waters under s. 30.13 sub. (4) to remove that portion of the wharf or pier which constitutes an unlawful obstruction.
150,124 Section 124. 66.0495 (1) (b) (title) of the statutes is repealed.
150,125 Section 125. 66.0495 (1) (b) of the statutes is renumbered 30.13 (5m) (a) 2.
150,126 Section 126. 66.0495 (1) (d) (title) of the statutes is repealed.
150,127 Section 127. 66.0495 (1) (d) of the statutes is renumbered 30.13 (5m) (a) 3. and amended to read:
30.13 (5m) (a) 3. An order under this subsection paragraph shall be served upon the owner or person responsible in the manner provided for the service of a summons in circuit court. If the owner or person responsible cannot be found, the order may be served by posting it on the wharf or pier and by publishing it as a class 3 notice under ch. 985. The order shall specify the action to be taken and the time within which it shall be complied with. At least 50 days must be allowed for compliance.
150,128 Section 128. 66.0495 (2) (title) and (a) (title) of the statutes are repealed.
150,129 Section 129. 66.0495 (2) (a) of the statutes is renumbered 30.13 (5m) (b) 1. and amended to read:
30.13 (5m) (b) 1. If the owner or person responsible fails to comply with an order issued under sub. (1) par. (a), the governing body of a city, village or town or a designated officer may cause the wharf or pier to be removed through any available public agency or by a contract or arrangement by a private person. The cost of the removal may be charged against the real estate on which or adjacent to which the wharf or pier is located, constitutes a lien against that real estate and may be assessed and collected as a special tax. The governing body of the city, village or town or the designated officer may sell any salvage or valuable material resulting from the removal at the highest price obtainable. The governing body of the city, village or town or the designated officer shall remit the net proceeds of any sale, after deducting the expense of the removal, to the circuit court for use of the person entitled to the proceeds subject to the order of the court. The governing body of the city, village or town or the designated officer shall submit a report on any sale to the circuit court which shall include items of expense and the amount deducted. If there are no net proceeds, the report shall state that fact.
150,130 Section 130. 66.0495 (2) (b) (title) of the statutes is repealed.
150,131 Section 131. 66.0495 (2) (b) of the statutes is renumbered 30.13 (5m) (b) 2. and amended to read:
30.13 (5m) (b) 2. If the owner or person responsible fails to comply with an order issued under sub. (1) par. (a), the governing body of a city, village or town or a designated officer may commence an action in circuit court for a court order requiring the person to comply with the order issued under sub. (1) par. (a). The court shall give the hearing on this action precedence over other matters on the court's calendar. Costs may be assessed in the discretion of the court and may assess costs.
150,132 Section 132. 66.0495 (3) (title) of the statutes is repealed.
150,133 Section 133 . 66.0495 (3) of the statutes is renumbered 30.13 (5m) (c) and amended to read:
30.13 (5m) (c) A person affected by an order issued under sub. (1) par. (a) may apply to circuit court within 30 days after service of the order for a restraining order prohibiting the governing body of the city, village or town or the designated officer from removing the wharf or pier. The court shall conduct a hearing on the action within 20 days after application. The court shall give this hearing precedence over other matters on the court's calendar. The court shall determine whether the order issued under sub. (1) par. (a) is reasonable. If the court finds that the order issued under sub. (1) par. (a) is unreasonable, it shall issue a restraining order or modify it as the circumstances require and the governing body of the city, village or town or the designated officer may not issue another order under sub. (1) par. (a) with respect to the wharf or pier unless its condition is substantially changed. Costs may be assessed in the discretion of the The court may assess costs. The remedy provided under this subsection paragraph is exclusive and no person affected by an order issued under sub. (1) par. (a) may recover damages for the removal of a wharf or pier under this section.
150,134 Section 134 . 66.05 (title) of the statutes is renumbered 66.0413 (title) and amended to read:
66.0413 (title) Razing buildings; excavations.
150,135 Section 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.
150,136 Section 136. 66.05 (1m) (b) of the statutes is renumbered 66.0413 (1) (c) and amended to read:
66.0413 (1) (c) Reasonableness of repair; presumption. Except as provided in sub. (9) (3), if a municipal governing body, building inspector of buildings or designated officer determines that the cost of such repairs of a building described in par. (b) 1. would exceed 50 per cent 50% of the assessed value of such the building divided by the ratio of the assessed value to the recommended value as last published by the department of revenue for the municipality within which such the building is located, such the repairs shall be are presumed unreasonable and it shall be presumed for the purposes of this section that such building is a public nuisance for purposes of par. (b) 1.
150,137 Section 137. 66.05 (1m) (c) of the statutes is renumbered 66.0413 (1) (L) 1. and amended to read:
66.0413 (1) (L) 1. Acts of municipal authorities under this section shall subsection do not increase the liability of an insurer.
150,138 Section 138. 66.05 (1m) (d) of the statutes is renumbered 66.0413 (1) (e) and amended to read:
66.0413 (1) (e) Effect of recording order. If a raze order issued under par. (a) (b) is recorded with the register of deeds in the county in which the building is located, the order is considered to have been served, as of the date the raze order is recorded, on any person claiming an interest in the building or the real estate as a result of a conveyance from the owner of record unless the conveyance was recorded before the recording of the raze order.
150,139 Section 139 . 66.05 (2) (a) of the statutes is renumbered 66.0413 (1) (f) and amended to read:
66.0413 (1) (f) Failure to comply with order; razing building. An order under par. (b) shall specify the time within which the owner of the building is required to comply with the order and shall specify repairs, if any. If the owner fails or refuses to comply within the time prescribed, the building inspector of buildings or other designated officer may cause such building or part thereof to be razed and removed and may restore the site to a dust-free and erosion-free condition either proceed to raze the building through any available public agency or by contract or arrangement with private persons, or closed to secure the building and, if necessary, the property on which the building is located if unfit for human habitation, occupancy or use. The cost of such razing , removal and restoration of the site to a dust-free and erosion-free condition or closing securing the building may be charged in full or in part against the real estate upon which such the building is located, and if that cost is so charged it is a lien upon such the real estate and may be assessed and collected as a special tax. Any portion of the cost charged against the real estate that is not reimbursed under s. 632.103 (2) from funds withheld from an insurance settlement may be assessed 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.
(j) Sale of salvage. When any building has been ordered razed and removed and If an order to raze a building has been issued to restore the site to a dust-free and erosion-free condition, the governing body or other designated officer under said the contract or arrangement aforesaid to raze the building may sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such the sale, after deducting the expenses of such razing, removal and restoration of the site to a dust-free and erosion-free condition the building, shall be promptly remitted to the circuit court with a report of such the sale or transaction, including the items of expense and the amounts deducted, for the use of the any person who may be entitled thereto to the net proceeds, subject to the order of the court. If there remains no surplus to be turned over to the court, the report shall so state. If the building or part thereof is insanitary and unfit for human habitation, occupancy or use, and is not in danger of structural collapse the building inspector shall post a placard on the premises containing the following words: "This Building Cannot Be Used for Human Habitation, Occupancy or Use". And it is the duty of the building inspector or other designated officer to prohibit the use of the building for human habitation, occupancy or 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 .
150,140 Section 140. 66.05 (2) (b) of the statutes is renumbered 66.0413 (1) (g) and amended to read:
66.0413 (1) (g) Court order to comply. Any A municipality, building inspector of buildings or designated officer may, in his, her or its official capacity, commence and prosecute an action in circuit court for an order of the court requiring the owner to comply with an order to raze or remove any a building or part thereof issued under this section subsection if the owner fails or refuses to do so within the time prescribed in the order, or for an order of the court requiring any person occupying a building whose occupancy has been prohibited under this section subsection to vacate the premises, or any combination of the court orders. Hearing A hearing on such actions under this paragraph shall be given preference. Costs shall be Court costs are in the discretion of the court.
Note: Clarifies that the costs referred to are court costs, not the cost of razing or securing a building.
150,141 Section 141. 66.05 (2) (c) of the statutes is renumbered 66.0413 (1) (br) 2. and amended to read:
66.0413 (1) (br) 2. Any person who rents, leases or occupies a building which has been condemned for human habitation, occupancy or use under subd. 1. shall be fined not less than $5 nor more than $50 or imprisoned not more than 30 days for each week of such the violation, or both.
150,142 Section 142. 66.05 (3) of the statutes is renumbered 66.0413 (1) (h) and amended to read:
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