(c) 1r. Condemnation proceedings for the acquisition of blighted property shall be conducted under ch. 32 or under any other law relating specifically to eminent domain procedures of authorities. The authority may hold, clear, construct, manage, improve or dispose of the blighted property, for the purpose of eliminating its status as blighted property. Notwithstanding sub. (9), the authority may dispose of the blighted property in any manner. The authority may assist private acquisition, improvement and development of blighted property for the purpose of eliminating its status as blighted property, and for that purpose the authority shall have has all of the duties, rights, powers and privileges given to the authority under this section, as if it had acquired the blighted property.
2. Prior to Before acquiring blighted property under subd. 1. or 1g., the authority shall hold a public hearing to determine if the property is blighted property. Notice of such the hearing, describing the time, date, place and purpose of the hearing and generally identifying the property involved, shall be given to each owner of the property, at least 20 days prior to before the date set for the hearing, by certified mail with return receipt requested. If the notice cannot be delivered by certified mail with return receipt requested, or if the notice is returned undelivered, notice may be given by posting the notice at least 10 days prior to before the date of hearing on any structure located on the property which is the subject of the notice. If the property which is the subject of the notice consists of vacant land, a notice may be posted in some suitable and conspicuous place on that property. For the purpose of ascertaining the name of the owner or owners of record of property which is subject to a public hearing under this subdivision, the records of the register of deeds of the county in which such the property is located, as of the date of the notice required under this subdivision, shall be deemed are conclusive. An affidavit of mailing or posting the notice which is filed as a part of the records of the authority shall be deemed is prima facie evidence of that notice. In the hearing under this subdivision, all interested parties may express their views respecting on the authority's proposed determination, but the hearing is only for informational purposes. Any technical omission or error in the procedure specified under this subdivision does not invalidate the designation or subsequent acquisition. If any owner of property subject to the authority's determination that the property is blighted property objects to that determination or to the authority's acquisition of that property, that owner shall file a written statement of his or her
and reasons for the objections and the reasons for those objections with the authority prior to before, at the time of, or within 15 days after the public hearing under this subdivision. Such The statement shall contain the mailing address of the person filing the statement and be signed by or on behalf of that person. The filing of that statement shall be is a condition precedent to the commencement of an action to contest the authority's actions under this paragraph.
150,446
Section
446. 66.431 (6) to (17) of the statutes are renumbered 66.1333 (6) to (17), and 66.1333 (6) (a) to (e), (9) (a) 1. a. and c. and (b) to (f) and (10) to (17), as renumbered, are amended to read:
66.1333 (6) (a) The authority may make or cause to be made and prepare or cause to be prepared a comprehensive plan of redevelopment and urban renewal which shall be consistent with the general plan of the city, including the appropriate maps, tables, charts and descriptive and analytical matter. Such The plan is intended to serve as a general framework or guide of development within which the various area and redevelopment and urban renewal projects may be more precisely planned and calculated. The comprehensive plan shall include at least a land use plan which designates the proposed general distribution and general locations and extents of the uses of the land for housing, business, industry, recreation, education, public buildings, public reservations and other general categories of public and private uses of the land. The authority is authorized to may make or have made all other surveys and plans necessary under this section, and to adopt or approve, modify and amend such the plans.
(b) For the exercise of the powers granted and for the acquisition and disposition of real property in a project area, the following steps and plans shall be requisite are required:
1. Designation by the authority of the boundaries of the proposed project area, submission of such the boundaries to the local legislative body, and adoption of a resolution by two-thirds of such the local legislative body declaring such the area to be a blighted area in need of a blight elimination, slum clearance and urban renewal project. Thereafter After these acts, the local legislative body may, by resolution by two-thirds vote, prohibit for an initial period of not to exceed 6 months from enactment of such the resolution any new construction in such the area except upon resolution by the local legislative body that such the proposed new construction, on such reasonable conditions as may be fixed therein stated in the resolution, will not substantially prejudice the preparation or processing of a plan for the area and is necessary to avoid substantial damage to the applicant. Such
The order of prohibition shall be is subject to successive renewals for like periods by like resolutions;, but no new construction contrary to any such resolution of prohibition shall may be authorized by any agency, board or commission of the city in such the area except as herein provided in this subdivision. No such prohibition of new construction shall may be construed to forbid ordinary repair or maintenance, or improvement necessary to continue occupancy under any regulatory order.
2. Approval by the authority and by two-thirds of the local legislative body of the redevelopment plan of the project area which has been prepared by the authority. Such The redevelopment plan shall conform to the general plan of the city and shall be sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements in the project area, and. The redevelopment plan shall include, without being limited to, a statement of the boundaries of the project area; a map showing existing uses and conditions of real property therein; a land use plan showing proposed uses of the area; information showing the standards of population density, land coverage and building intensity in the area after redevelopment; present and potential equalized value for property tax purposes; a statement of proposed changes, if any, in zoning ordinances or maps and building codes and ordinances; a statement as to the kind and number of site improvements and additional public utilities which will be required to support the new land uses in the area after redevelopment; and a statement of a feasible method proposed for the relocation of families to be displaced from the project area.
3. Approval of a redevelopment plan of a project area by the authority, which may be given only after a public hearing conducted by the authority and a finding by the authority that such the plan is feasible and in conformity with the general plan of the city. Notice of such
the hearing, describing the time, date, place and purpose of the hearing and generally identifying the project area, shall be published as a class 2 notice, under ch. 985, the last insertion to be at least 10 days prior to before the date set for the hearing. In addition thereto, at At least 20 days prior to before the date set for the hearing on the proposed redevelopment plan of the project area a notice shall be transmitted by certified mail, with return receipt requested, to each owner of real property of record within the boundaries of the redevelopment plan. If transmission of such the notice by certified mail with return receipt requested cannot be accomplished, or if the letter is returned undelivered, then notice may be given by posting the same notice at least 10 days prior to before the date of hearing on any structure located on the property; or, if such the property consists of vacant land, a notice may be posted in some suitable and conspicuous place on such the land. Such
The notice shall state the time and place at which the hearing will be held with respect to the redevelopment plan and that the owner's property might be taken for urban renewal. For the purpose of ascertaining the name of the owner of record of the real property within such the project boundaries, the records, at the time of the approval by the redevelopment authority of the project boundaries, of the register of deeds of the county in which such the property is located shall be deemed are conclusive. Failure to receive such the notice shall does not invalidate the plan. An affidavit of mailing or posting of such the notice or posting thereof filed as a part of the records of the authority shall be deemed
is prima facie evidence of the giving of such notice. All interested parties shall be afforded a full opportunity to express their views respecting on the proposed plan at such the public hearing, but the hearing shall only be for the purpose of assisting the authority in making its determination and in submitting its report to the local legislative body. Any technical omission in the procedure outlined herein shall in this subdivision does not be deemed to invalidate the plan. Any owner of property included within the boundaries of the redevelopment plan and objecting who objects to such
the plan shall be required to state the owner's objections and the reasons therefor for objecting, in writing, and file the same document with the authority either prior to before the public hearing, at the time of the public hearing, or within 15 days thereafter, but not subsequently thereto after the hearing. The owner shall state his or her mailing address and sign his or her name thereto. The filing of such objections in writing shall be is a condition precedent to the commencement of an action to contest the right of the redevelopment authority to condemn the property under s. 32.06 (5).
(c) In relation to the location and extent of public works and utilities, public buildings and public uses in a comprehensive plan or a project area plan, the authority is directed to shall confer with the planning commission and with such other public officials, boards, authorities and agencies of the city under whose administrative jurisdictions such these uses respectively fall.
(d) At any time after such After the redevelopment plan has been approved both by the authority and the local legislative body, it may be amended by resolution adopted by the authority, and such the amendment shall be submitted to the local legislative body for its approval by a two-thirds vote before the same shall become
it becomes effective. It shall is not be required in connection with any amendment to the redevelopment plan, unless the boundaries described in the plan are altered to include other property, that the provisions in this subsection with respect to public hearing and notice be followed.
(e) After a project area redevelopment plan of a project area has been adopted by the authority, and the local legislative body has by a two-thirds vote approved the redevelopment plan the authority may at any time certify said the plan to the local legislative body, whereupon. After certification, the authority shall proceed to exercise the powers granted to it for the acquisition and assembly of the real property of the area. The local legislative body shall upon the certification of such the plan by the authority direct that no new construction shall be permitted
, and thereafter. After this direction, no new construction
shall may be authorized by any agencies, boards or commissions of the city in such the area unless as authorized by the local legislative body, including substantial remodeling or conversion or rebuilding, enlargement, or extension or major structural improvements on existing buildings, but not including ordinary maintenance or remodeling or changes necessary to continue the occupancy.
(9) (a) 1. a. Upon the acquisition of any or all of the real property in the project area, the authority has power to may lease, sell or otherwise transfer to a redevelopment company, association, corporation or public body, or to an individual, limited liability company or partnership, all or any part of the real property, including streets or parts thereof of streets to be closed or vacated in accordance with the plan, for use in accordance with the redevelopment plan. No assembled lands of the project area shall may be either sold or leased by the authority to a housing authority created under s. 66.40 66.1201 for the purpose of constructing public housing projects upon such the land unless the sale or lease of the lands has been first approved by the local legislative body by a vote of not less than four-fifths of the members elected.
c. A copy of the redevelopment plan shall be recorded in the office of the register of deeds in the county where the redevelopment project is located. Any amendment to the redevelopment plan, approved as herein provided for under sub. (6), shall also be recorded in the office of the register of deeds of the county.
(b) Any such A lease or sale may be made without public bidding, but only after public hearing is held by the authority after a notice to be is published as a class 2 notice, under ch. 985, and the. The hearing shall be predicated upon the proposed sale or lease and the provisions thereof of the sale or lease.
(c) The terms of such a lease or sale shall be fixed by the authority, and the instrument of lease may provide for renewals upon reappraisals and with rentals and other provisions adjusted to such the reappraisals. Every such lease or sale shall provide that the lessee or purchaser shall will carry out or cause to be carried out the approved project area redevelopment plan or approved modifications thereof of the redevelopment plan, and that the use of such land or real property included in the lease or sale, and any building or structure erected thereon, shall conform to such the approved plan or approved modifications thereof of the plan. In the instrument of lease or sale, the authority may include such other terms, provisions and conditions as in its judgment that will provide reasonable assurance of the priority of the obligations of the lease or sale and, of conformance to the plan over any other obligations of the lessee or purchaser, and also assurance of the financial and legal ability of the lessee or purchaser to carry out and conform to the plan and the terms and conditions of the lease or sale; also, such
. In the instrument of lease or sale, the authority may include terms, conditions and specifications concerning buildings, improvements, subleases or tenancy, maintenance and management, and any other matters as that the authority may impose or approve imposes or approves, including provisions whereby under which the obligations to carry out and conform to the project area plan shall run with the land. If maximum rentals to be charged to tenants are specified, provision may be made for periodic reconsideration of such rental bases.
(d) Until the authority certifies that all building constructions and other physical improvements specified by the purchaser have been completed, the purchaser shall have no power to may not convey
the all or part of an area, or any part thereof, without the consent of the authority and no such. No consent shall may be given unless the grantee of the purchaser is obligated, by written instrument, to the authority to carry out that portion of the redevelopment plan which falls within the boundaries of the conveyed property and also unless the written instrument specifies that the grantee and the heirs, representatives, successors and assigns of the grantee, shall have no right or power to may not convey, lease or let all or part of the conveyed property or any part thereof, or erect or use any building or structure erected thereon
on the conveyed property free from obligation and requirement to conform to the approved project area redevelopment plan or approved modifications thereof of the redevelopment plan.
(e) The authority may cause to have demolished demolish any existing structure or clear the all or part of an area of any part thereof, or specify the demolition and clearance to be performed by a lessee or purchaser and a time schedule for the same demolition and clearance. The authority shall specify the time schedule and conditions for the construction of buildings and other improvements.
(f) In order to facilitate the lease or sale of a project area, or if the lease or sale is part of an area, the authority has the power to may include in the cost payable by it the cost of the construction of local streets and sidewalks in the area, or of grading and any other local public surface or subsurface facilities or any site improvements necessary for shaping the area as the site of the redevelopment of the area. The authority may arrange with the appropriate federal, state, county or city agencies for the reimbursement of such outlays from funds or assessments raised or levied for such these purposes.
(10) Housing for displaced families; relocation payments. In connection with every redevelopment plan, the An authority shall formulate a feasible method for the temporary relocation of persons living in areas that are designated for clearance and redevelopment. In addition, the The authority shall prepare a plan which shall be submitted for submittal to the local legislative body for approval which shall assure that decent, safe and sanitary dwellings substantially equal in number to the number of substandard dwellings to be removed in carrying out the redevelopment are available or will be provided at rents or prices within the financial reach of the income groups displaced. The authority is authorized to may make relocation payments to or with respect to persons (, including families, business concerns and others), displaced by a project for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the federal government.
(11) Modification of redevelopment plan. (a) An approved project area redevelopment plan may be modified at any time after the lease or sale of all or part of the area or part thereof provided that if the modification is consented to by the lessee or purchaser, and that the proposed modification is adopted by the authority and then submitted to, and approved by, the local legislative body and approved by it. Before approval, the authority shall hold a public hearing on the proposed modification, and notice of the time and place of hearing shall be sent by mail at least 10 days prior to before the hearing to the owners of the real properties in the project area and of the real properties immediately adjoining or across the street from the project area. The local legislative body may refer back to the authority any project area redevelopment plan, project area boundaries or modifications submitted to it, together with recommendations for changes in such the plan, boundaries or modification, and if such the recommended changes are adopted by the authority and in turn approved by the local legislative body, the plan, boundaries or modifications as thus changed
shall be become the approved plan, boundaries or modification.
(b) Whenever the authority determines that a redevelopment plan with respect to a project area that has been approved and recorded in the register of deed's office is to be modified to permit land uses in the project area, other than those specified in the redevelopment plan, the authority shall notify all purchasers of property within the project area of the authority's intention to modify the redevelopment plan, and it shall hold a public hearing with respect to on the modification. Notice shall be given to the purchasers of the property by personal service at least 20 days prior to before the holding of the public hearing, or if the purchasers cannot be found notice shall be given by registered mail to the purchasers at their last-known address. Notice of the public hearing shall also be given by publication as a class 2 notice, under ch. 985. The notice shall specify the project area and recite the proposed modification and its purposes. The public hearing shall be merely is advisory to the authority. After If the authority, following the public hearing, determines that the modification of the redevelopment plan will not affect the original objectives of the plan and that it will not produce conditions leading to a reoccurrence of slums or blight within the project area, the authority may by resolution act to modify the plan to permit additional land uses in the project area, subject to approval by the legislative body by a two-thirds vote of the members elect members-elect. If the local legislative body approves the modification to the redevelopment plan, an amendment to the plan containing the modification shall be recorded with the register of deeds of the county in which the project area is located and shall supplement the redevelopment plan previously recorded. Following the action with respect to modification of the redevelopment plan, the plan shall be considered is amended and no legal rights shall accrue to any person or to any owner of property in the project area by reason of the modification of the redevelopment plan.
(c) The provisions herein of this subsection shall be construed liberally to effectuate the its purposes hereof and substantial compliance shall be deemed is adequate. Technical omissions shall do not invalidate the procedure set forth herein in this subsection with respect to acquisition of real property necessary or incidental to a redevelopment project.
(12) Limitation upon tax exemption. The real and personal property of the authority is declared to be public property used for essential public and governmental purposes, and such the property and an authority shall be are exempt from all taxes of the state or any state public body; but the. The city in which a redevelopment or urban renewal project is located may fix a sum to be paid annually in lieu of such taxes by the authority for the services, improvements or facilities furnished to the project by the city if the authority is financially able to do so, but such the sum shall
may not exceed the amount which would be levied as the annual tax of the city upon such the project. However, no No real property acquired under this section by a private company, corporation, individual, limited liability company or partnership, either by lease or purchase, shall be is exempt from taxation by reason because of such the acquisition.
(13) Cooperation by public bodies and use of city funds. To assist any redevelopment or urban renewal project located in the area in which the authority is authorized to act, any a public body may, upon such terms as that it determines: furnish services or facilities, provide property, lend or contribute funds, and perform any other action of a character which it is authorized to may perform for other general purposes, and to enter into cooperation agreements and related contracts in furtherance of the purposes enumerated. Any A city and any a public body may levy taxes and assessments and appropriate such funds and make such expenditures
as that may be necessary to carry out the purposes of this subsection, but taxes and assessments shall may not be levied under this subsection by a public body which has no power to
may not levy taxes and assessments for any other purpose.
(14) Obligations. For the purpose of financially aiding an authority to carry out blight elimination, slum clearance and urban renewal programs and projects, the city in which the authority functions is authorized, without limiting its authority under any other law, to may issue and sell general obligation bonds in the manner and in accordance with the provisions of under ch. 67, except that no referendum shall be is required, and to may levy taxes without limitation for the payment thereof
of the bonds, as provided in s. 67.035. The bonds authorized under this subsection shall be are fully negotiable and except as provided in this subsection shall are not be subject to any other law or charter pertaining to the issuance or sale of bonds.
(15) Budget. The local legislative body shall approve the budget for each fiscal year of the authority, and shall have the power to may alter or modify any item of said the budget relating to salaries, office operation or facilities.
(16) Legal services to authority. The legal department of any a city in which the authority functions can provide legal services to such the authority and a member of the legal department having the necessary qualifications may, subject to approval of the authority, be its counsel; the. The authority may also retain specialists to render legal services as required by it.
(17) Construction. This section shall be construed liberally to effectuate the its purposes hereof and the enumeration therein in this section of specific powers shall does not operate to restrict the meaning of any general grant of power contained in this section or to exclude other powers comprehended in such the general grant.
150,447
Section
447. 66.432 of the statutes is renumbered 66.1011, and 66.1011 (title), (1), (2) and (3), as renumbered, are amended to read:
66.1011 (title) Local equal opportunities
for housing. (1) Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, physical condition, disability as defined in s. 106.04 (1m) (g), sexual orientation as defined in s. 111.32 (13m), religion, national origin, marital status, family status as defined in s. 106.04 (1m) (k), lawful source of income, age or ancestry is a matter both of statewide concern under ss. 101.132 and 106.04 and also of local interest under this section and s. 66.433 66.0125. The enactment of ss. 101.132 and 106.04 by the legislature shall does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and shall does not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances which prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.
(2) Antidiscrimination housing ordinances. Political subdivisions may enact ordinances prohibiting discrimination in housing within their respective boundaries solely on the basis of an individual being a member of a protected class. Such an An ordinance may be similar to ss. 101.132 and 106.04 (1) to (8) or may be more inclusive in its terms or in respect to the different types of housing subject to its provisions, but any such. An ordinance establishing a forfeiture as a penalty for violation shall may not be for an amount that is less than the statutory forfeitures under s. 106.04. Such an An ordinance may permit a complainant, aggrieved person or respondent to elect to remove the action to circuit court after a finding has been made that there is reasonable cause to believe that a violation of the ordinance has occurred. Such an An ordinance may also authorize the political subdivision, at any time after a complaint has been filed alleging an ordinance violation, to file a complaint in circuit court seeking a temporary injunction or restraining order pending final disposition of the complaint.
(3) Contingency restriction. No political subdivision shall may enact an ordinance under sub. (2), which that contains a provision making its effective date or the operation of any of its provisions contingent on the enactment of an ordinance on the same or similar subject matter by one or more other political subdivisions.
150,448
Section
448. 66.4325 of the statutes is renumbered 66.1335, and 66.1335 (1) (intro.) and (a), (2) (intro.), (3), (4), (5) (intro.), (a), (b), (c), (e) and (f) and (5m) to (7), as renumbered, are amended to read:
66.1335 (1) Authorization. (intro.)
Any A city may, by a two-thirds vote of the members of the city council present at the meeting, adopt an ordinance or resolution creating a housing and community development authority which shall be known as the "Community Development Authority" of such the city. It shall be deemed is a separate body politic for the purpose of carrying out blight elimination, slum clearance, urban renewal programs and projects and housing projects. The ordinance or resolution creating a housing and community development authority may also authorize such the authority to act as the agent of the city in planning and carrying out community development programs and activities approved by the mayor and common council under the federal housing and community development act of 1974 and as agent to perform all acts, except the development of the general plan of the city, which may be otherwise performed by the planning commission under s. 66.405 s. 66.1105, 66.1301 to 66.425, 66.43, 66.435 or 66.46 66.1329, 66.1331 or 66.1337. A certified copy of
such the ordinance or resolution shall be transmitted to the mayor. The ordinance or resolution shall also do all of the following:
(a) Provide that any redevelopment authority created under s. 66.431 66.1333 operating in such the city and any housing authority created under s. 66.40 66.1201 operating in such the city, shall terminate its operation as provided in sub. (5); and.
(2) Appointment of members. (intro.) Upon receipt of a certified copy of such the ordinance or resolution, the mayor shall, with the confirmation of the council, appoint 7 resident persons having sufficient ability and experience in the fields of urban renewal, community development and housing, as commissioners of the community development authority.
(3) Evidence of authority. The filing of a certified copy of the ordinance or resolution referred to in sub. (1) with the city clerk shall be is prima facie evidence of the community development authority's right to transact business and such the ordinance or resolution is not subject to challenge because of any technicality. In any
a suit, action or proceeding commenced against the community development authority, a certified copy of such the ordinance or resolution is conclusive evidence that such the community development authority is established and authorized to transact business and exercise its powers under this section.
(4) Powers and duties. The community development authority shall have has all powers, duties and functions set out in ss. 66.40 66.1201 and 66.431 66.1333 for housing and redevelopment authorities and as. As to all housing projects initiated by the community development authority it shall proceed under s. 66.40 66.1201, and as to all projects relating to blight elimination, slum clearance, urban renewal and redevelopment programs it shall proceed under s. 66.405 ss. 66.1105, 66.1301 to 66.425, 66.43, 66.431, 66.435 or 66.46 66.1329, 66.1331, 66.1333 or 66.1337 as determined appropriate by the common council on a project by project basis. As to all community development programs and activities undertaken by the city under the federal housing and community development act of 1974, the community development authority shall proceed under all applicable laws and ordinances not inconsistent with the laws of this state. In addition, if provided in the resolution or ordinance, the community development authority may act as agent of the city to perform all acts, except the development of the general plan of the city, which may be otherwise performed by the planning commission under s. 66.405 ss. 66.1105, 66.1301 to 66.425, 66.43, 66.435 or 66.46 66.1329, 66.1331 or 66.1337.
(5) Termination of housing and redevelopment authorities. (intro.) Upon the adoption of an ordinance or resolution creating a community development authority, all housing and redevelopment authorities previously created in such the city under ss.
66.40 66.1201 and 66.431 shall 66.1333 terminate.
(a) Any programs and projects which have been begun by housing and redevelopment authorities shall, upon adoption of such the ordinance or resolution, be transferred to and completed by the community development authority. Any procedures, hearings, actions or approvals taken or initiated by the redevelopment authority under s. 66.431 66.1333 on pending projects is are deemed to have been taken or initiated by the community development authority as though if the community development authority had originally undertaken such the procedures, hearings, actions or approvals.
(b) Any form of indebtedness issued by a housing or redevelopment authority shall, upon the adoption of such the ordinance or resolution, be assumed by the community development authority except as indicated in par. (e).
(c) Upon the adoption of such the ordinance or resolution, all contracts entered into between the federal government and a housing or redevelopment authority, or between such these authorities and other parties shall be assumed and discharged by the community development authority except for the termination of operations by housing and redevelopment authorities. Housing and redevelopment authorities may execute any agreements contemplated by this subsection. Contracts for disposition of real property entered into by the redevelopment authority with respect to any project shall be are deemed contracts of the community development authority without the requirement of amendments thereto to the contracts. Contracts entered into between the federal government and the redevelopment authority or the housing authority shall bind the community development authority in the same manner as though if originally entered into by the community development authority.
(e) A housing authority which has outstanding bonds or other securities that require the operation of the housing authority in order to fulfill its commitments with respect to the discharge of principal or interest or both, may continue in existence solely for such that purpose. The ordinance or resolution creating the community development authority shall delineate the duties and responsibilities which shall devolve upon the housing authority with respect thereto to that purpose.
(f) The termination of housing and redevelopment authorities pursuant to this section shall is not be subject to s. 66.40 66.1201 (26).
(5m) Tax exemption. Community development authority bonds issued on or after January 28, 1987, are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon on the bonds and income therefrom from the bonds, are exempt from taxes.
(6) Controlling statute. The powers conferred under this section shall be are in addition and supplemental to the powers conferred by any other law. Insofar as To the extent that this section is inconsistent with any other law, this section shall control controls.
(7) Construction. This section shall be construed liberally to effectuate its purposes and the enumeration of specific powers herein in this section does not restrict the meaning of any general grant of power contained in this section nor does it exclude other powers comprehended in such the general grant.
150,449
Section
449. 66.433 of the statutes is renumbered 66.0125, and 66.0125 (1), (2), (3) (a) and (c) 1., 3. and 4., (4) and (7), as renumbered, are amended to read:
66.0125 (1) Definition. "Municipality" as used herein In this section, "local governmental unit" means a city, village, town, school district or county.
(2) Creation. Each municipality local governmental unit is authorized and urged to either establish by ordinance a community relations-social development commission or to participate in such a commission established on an intergovernmental basis within the county pursuant to under enabling ordinances adopted by the participating municipalities; but a local governmental units. A school district may establish or participate in such a commission by resolution instead of by ordinance. Such. An intergovernmental commission may be established in cooperation with any a nonprofit corporation located in the county and composed primarily of public and private welfare agencies devoted to any of the purposes set forth in this section. Every such An ordinance or resolution establishing a commission shall substantially embody the language of sub. (3). Each municipality local governmental unit may appropriate money to defray the expenses of such the commission. If such the commission is established on an intergovernmental basis within the county, the provisions of s. 66.30 66.0301, relating to local cooperation, are applicable thereto
apply as optional authority and may be utilized by participating municipalities local governmental units to effectuate the purposes of this section, but a contract between municipalities local governmental units is not necessary for the joint exercise of any power authorized for the joint performance of any duty required herein in this section.
(3) (a) The purpose of the commission is to study, analyze and recommend solutions for the major social, economic and cultural problems which affect people residing or working within the municipality local governmental unit including, without restriction because of enumeration, problems of the family, youth, education, the aging, juvenile delinquency, health and zoning standards, and discrimination in housing, employment and public accommodations and facilities on the basis of sex, class, race, religion, sexual orientation or ethnic or minority status.
(c) 1. Recommend to the municipal local governmental unit's governing body and chief executive or administrative officer the enactment of such ordinances or other action as they deem necessary:
a. To establish and keep in force proper health standards for the community and beneficial zoning for the community area in order to facilitate the elimination of blighted areas, and to prevent the start and spread of such, blighted areas;.
b. To ensure to all municipal residents of a local governmental unit, regardless of sex, race, sexual orientation or color, the rights to possess equal housing accommodations and to enjoy equal employment opportunities.
3. Examine the need for, initiate, participate in and promote publicly and privately sponsored studies and programs in any field of human relationship which
that will aid in accomplishing the foregoing objectives, and initiate such public programs and studies and participate in and promote such privately sponsored programs and studies purposes and duties of the commission.
4. Have authority to conduct public hearings within the municipality local governmental unit and to administer oaths to persons testifying before it.
(4) Composition of commission. The commission shall be nonpartisan and composed of citizens residing in the municipality local governmental unit, including representatives of the clergy and minority groups, and the composition thereof, number and. The composition of the commission and the method of appointing and removing the commission members
thereof shall be determined by the governing body of the municipality local governmental unit creating or participating in the commission. Notwithstanding s. 59.10 (4) or 66.11 66.0501 (2), a member of such the local governmental unit's governing body may serve on the commission, except that a county board member in a county having a population over 500,000 may not accept compensation for serving on the commission. Of the persons first appointed, one-third shall hold office for one year, one-third for 2 years, and one-third for 3 years from the first day of February next following their appointment, and until their respective successors are appointed and qualified. All succeeding terms shall be for 3 years. Any vacancy shall be filled for the unexpired term in the same manner as original appointments. Every person appointed as a member of the commission shall take and file the official oath.
(7) Designation of commissions as cooperating agencies under federal law. (a) The commission may be the official agency of the municipality local governmental unit to accept assistance under title II of the federal economic opportunity act of 1964. No assistance shall be accepted with respect to any matter to which objection is made by the legislative body creating such the commission, but if the commission is established on an intergovernmental basis and such objection is made by any participating legislative body said, assistance may be accepted with the approval of a majority of the legislative bodies participating in such the commission.
(b) The commission may be the official agency of the municipality local governmental unit to accept assistance from the community relations service of the U.S. department of justice under title X of the federal civil rights act of 1964 to provide assistance to communities in resolving disputes, disagreements or difficulties relating to discriminatory practices based on sex, race, color or national origin which may impair the rights of persons in the municipality local governmental unit under the constitution or laws of the United States or which affect or may affect interstate commerce.
150,450
Section
450. 66.434 (title) of the statutes is repealed.
150,451
Section
451. 66.434 of the statutes is renumbered 46.30 (5) and amended to read:
46.30 (5) City, village or town assistance. A city, village or town may appropriate funds for promoting and assisting any a community action agency under s. 46.30.
150,452
Section
452. 66.435 of the statutes is renumbered 66.1337, and 66.1337 (2), (2m) (a) (intro.), 2. and 4. and (b) and (3) to (7), as renumbered, are amended to read:
66.1337 (2) Findings. It is hereby found and declared that there exists in municipalities of the state slum, blighted and deteriorated areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the state, and the findings and declarations made before August 3, 1955 in s. 66.43 (2) 66.1331 are in all respects affirmed and restated; that while certain. Certain slum, blighted or deteriorated areas, or portions thereof, may require acquisition and clearance, as provided in s. 66.43 66.1331, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation in such a manner that eliminates, remedies or prevents the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented, and to of these areas. To the extent feasible salvable slum and blighted areas should be conserved and rehabilitated through voluntary action and the regulatory process; and all. All acts and purposes provided for by this section are for and constitute public uses and are for and constitute public purposes, and that moneys. Moneys expended in connection with such powers under this section are declared to be for public purposes and to preserve the public interest, safety, health, morals and welfare. Any municipality in carrying out the provisions of this section shall afford maximum opportunity consistent with the sound needs of the municipality as a whole to the rehabilitation or redevelopment of areas by private enterprise.
(2m) (a) (intro.) "Rehabilitation or conservation work" may include includes any of the following:
2. Acquisition of real property and demolition, removal or rehabilitation of buildings and improvements thereon on the property where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities.
4. The disposition, for uses in accordance with the objectives of the urban renewal project, of any property or part thereof acquired in the area of the project. The disposition shall be in the manner prescribed in this section for the disposition of property in a redevelopment project area.
(b) "Urban renewal project" may include includes undertakings and activities for the elimination and for the prevention of the development or spread of slums or blighted, deteriorated or deteriorating areas and may involve any work or undertaking for such this purpose constituting a redevelopment project or any rehabilitation or conservation work, or any combination of such
the undertaking or work.
(3) Urban renewal projects. In addition to its authority under any other section, a A municipality is authorized to may plan and undertake urban renewal projects.
(4) Workable program. (a) 1. The governing body of the municipality, or such the public officer or public body as that it designates, including a housing authority organized and created under s. 66.40 66.1201, a redevelopment authority created under s. 66.431 66.1333 or a community development authority created under s. 66.4325, is authorized to 66.1335, may prepare a workable program for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight and deterioration, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated or slum areas, or to undertake those activities or other feasible activities that may be suitably employed to achieve the these objectives of such a program. The governing body may by resolution or ordinance provide the specific means by which a workable program can be effectuated and may confer upon its officers and employes the power required to carry out a program of rehabilitation and conservation for the restoration and removal of blighted, deteriorated or deteriorating areas. If a municipality finds that there exists in the municipality dwellings or other structures that are unfit for human habitation due to dilapidation, defects that increase the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or other conditions, rendering the dwellings or other structures unsanitary, dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of the municipality, the municipality may enact the resolutions or ordinances that it considers appropriate and effectual in order to prevent those conditions and may require or cause the repair, closing, demolition or removal of the dwellings or other structures. For the purposes of the resolutions or ordinances, a "dwelling"
2. In this subsection:
a. "Dwelling" means any building, structure or part of the building or structure that is used and occupied for human habitation or intended to be so used and includes any appurtenances belonging to it or usually enjoyed with it. The term "structure" also
b. "Structure" includes fences, garages, sheds, and any type of store or commercial, industrial or manufacturing building.
3. The ordinances or resolutions under subd. 1. shall require that, if there are reasonable grounds to believe that there has been a violation of the ordinances or resolutions, notice of the alleged violation shall be given to the alleged responsible person by appropriately designated public officers or employes of such the municipality. Every such notice shall be in writing; include a description of the real estate sufficient for identification; include a statement of the reason for issuance; specify a time for the performance of any act that the notice requires; and be served upon the alleged responsible person. The notice of violation is properly served on the person if a copy of it is delivered to the person personally; is left at the person's usual place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents of the notice; is sent by registered mail or by certified mail with return receipt requested to the person's last-known address; or, if the registered or certified letter with the copy of the notice is returned showing the letter has not been delivered to the person, by posting a copy of the notice in a conspicuous place in or about the dwelling or other structure affected by the notice. Any
4. A person affected by such a notice under subd. 3. may request and shall be granted a hearing on the matter before a board or commission established by the governing body of such the municipality or before a local health officer. The person shall file in the office of the designated board or commission or the local health officer a written petition requesting the hearing and setting forth a statement of the grounds for it within 20 days after the day the notice was served. Within 10 days after receipt of the petition, the designated board or commission or the local health officer shall set a time and place for the hearing and shall give the petitioner written notice of it. At the hearing the petitioner shall have an opportunity to may be heard and to show cause why the notice should be modified or withdrawn. The hearing before the designated board or commission or the local health officer shall be commenced not later than 30 days after the date on which the petition was filed. Upon written application of the petitioner to the designated board or commission or the local health officer, the date of the hearing may be postponed for a reasonable time beyond the 30-day period, if, in the judgment of the board, commission or local health officer, the petitioner has submitted a good and sufficient reason for such a postponement. Any notice served under this section shall become becomes an order if a written petition for a hearing is not filed in the office of the designated board or commission or the local health officer within 20 days after such the notice is served. The designated board or commission or the local health officer may administer oaths and affirmations in connection with the conduct of any hearing held under this section.
5. After the hearing the designated board or commission or the local health officer shall sustain, modify or cancel the notice given under subd. 3., depending upon its findings as to whether the provisions of the resolutions or ordinances have been complied with. The designated board or commission or the local health officer may also modify any notice so as to authorize a variance from the provisions of the resolutions or ordinances when, because of special conditions, enforcement of the provisions of the resolutions or ordinances will result in practical difficulty or unnecessary hardship, if the intent of the resolutions or ordinances will be observed and public health and welfare secured. If the designated board or commission or the local health officer sustains or modifies the notice, the sustained or modified notice is an order, and the persons affected by the order shall comply with all provisions of the order within a reasonable period of time, as determined by the board, commission or local health officer. The proceedings at the hearing, including the findings and decisions of the board, commission or local health officer, shall be reduced to writing and entered as a matter of public record in the office of the board, commission or local health officer. The record shall also include a copy of every notice or order issued in connection with the matter. A copy of the written decision of the board, commission or local health officer shall then be served, in the same manner prescribed for service of notice under subd. 3., on the person who filed the petition for hearing.
6. If the local health officer finds that an emergency exists that requires immediate action to protect the public health, the local health officer may, without notice or hearing, issue an order reciting the existence of such an the emergency and requiring that action be taken that the local health officer determines is necessary to meet the emergency. This order shall be is effective immediately. Any person to whom the order is directed shall comply with it, but shall be afforded a hearing as specified in this section subsection if the person immediately files a written petition with the local health officer requesting the hearing. After the hearing, depending upon the findings of the local health officer as to whether an emergency still exists that requires immediate action to protect the public health, the local health officer shall continue the order in effect or modify or revoke it.
(b) Any A person aggrieved by the determination of any a board, commission or local health officer, following review of an order issued under this section
subsection, may appeal directly to the circuit court of the county in which the dwelling or other structure is located by filing a petition for review with the clerk of the circuit court within 30 days after a copy of the order of the board, commission or local health officer has been served upon the person. The petition shall state the substance of the order appealed from and the grounds upon which the person believes the order to be improper. A copy of the petition shall be served upon the board, commission or local health officer whose determination is appealed. The copy shall be served personally or by registered or certified mail within the 30-day period provided in this paragraph. A reply or answer shall be filed by the board, commission or local health officer within 15 days after the receipt of the petition. A copy of the written proceedings of the hearing held by the board, commission or local health officer which led to service of the order being appealed shall be included with the reply or answer when filed. If it appears to the court that the petition is filed for purposes of delay, the court shall, upon application of the municipality, promptly dismiss the petition. Either party to the proceedings may then petition the court for an immediate hearing on the order. The court shall review the order and the copy of written proceedings of the hearing conducted by the board, commission or local health officer, shall take testimony that the court determines is appropriate, and, following a hearing upon the order without a jury, shall make its determination. If the court affirms the determination made by the board, commission or local health officer, the court shall fix a time within which the order appealed from shall become becomes operative.
(5) General powers conferred upon municipalities. The governing body of any a municipality shall have and there is hereby expressly conferred upon it has all powers necessary and incidental to effect a program of urban renewal, including functions with respect to rehabilitation and conservation for the restoration and removal of blighted, deteriorated or deteriorating areas, and such the local governing body
is hereby authorized to may adopt such resolutions or ordinances as may be required for the purpose of carrying out that program and the objectives and purposes of this section. In connection with the planning, undertaking and financing of the urban renewal program or projects, the governing body of any municipality and all public officers, agencies and bodies shall have all the rights, powers, privileges and immunities which they have with respect to a redevelopment project under s. 66.43 66.1331.
(6) Assistance to urban renewal by municipalities and other public bodies. Any A public body is authorized to may enter into agreements, which may extend over any period notwithstanding any provision or rule of law to the contrary, with any other public body or bodies respecting action to be taken pursuant to any of the powers granted by this section, including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project.
(7) Powers herein granted to be supplemental and not in derogation. (a) Nothing in this section shall may be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its, ordinances or regulations, nor to prevent or punish violations thereof of its charter, ordinances or regulations.
(b) Nothing in this section shall may be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
(c) The powers conferred by this section shall be
are in addition and supplemental to the powers conferred by any other law; and this. This section shall be construed liberally to effectuate the its purposes hereof and the its enumeration therein of specific powers shall does not operate to restrict the meaning of any general grant of power contained in this section or to exclude other powers comprehended in such the general grant.
150,453
Section
453. 66.436 of the statutes is renumbered 66.1339 and amended to read:
66.1339 Villages to have certain city powers. Villages shall have all of the powers of cities under ss. 66.395 66.1105, 66.1201 to 66.425, 66.43, 66.431, 66.4325, 66.435 and 66.46 66.1329 and 66.1331 to 66.1337.
150,454
Section
454. 66.437 of the statutes is renumbered 66.1341 and amended to read:
66.1341 Towns to have certain city powers. Towns shall have all of the powers of cities under ss.
66.40 to 66.425, 66.43, 66.431, 66.4325, 66.505 and 66.508 66.0923, 66.0925, 66.1201 to 66.1329 and 66.1331 to 66.1335, except the powers under s. 66.40 66.1201 (10) and any other powers that conflict with statutes relating to towns and town boards.
150,455
Section
455. 66.44 of the statutes is repealed.
