1999 Wisconsin Act 150

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:

66.0413 (1) (h) Restraining order. Anyone A person affected by any such an order shall issued under par. (b) may within the time provided by s. 893.76 apply to the circuit court for an order restraining the building inspector of buildings or other designated officer from razing and removing the building or part thereof and restoring the site to a dust-free and erosion-free condition or forever be barred. The hearing shall be held within 20 days and shall be given preference. The court shall determine whether the raze order of the inspector of buildings is reasonable, and if. If the order is found reasonable the court shall dissolve the restraining order, and if. If the order is found not reasonable the court shall continue the restraining order or modify it as the circumstances require. Costs shall be are in the discretion of the court. If the court finds that the order of the inspector of buildings is unreasonable, the building inspector of buildings or other designated officer shall issue no other order under this section subsection in regard to the same building or part thereof until its condition is substantially changed. The remedies provided in this subsection paragraph are exclusive remedies and anyone affected by such an order of the inspector shall issued under par. (b) is not be entitled to recover any damages for the razing and removal of any such of the building and the restoration of the site to a dust-free and erosion-free condition.

150,143 Section 143. 66.05 (5) of the statutes is renumbered 66.0413 (1) (i) and amended to read:

66.0413 (1) (i) Removal of personal property. If any a building ordered razed and removed and the site ordered restored to a dust-free and erosion-free condition or made safe and sanitary by repairs subject to an order under par. (b) contains personal property or fixtures which will unreasonably interfere with the razing or repair of such the building and restoration of such site or if the razing and removal of the building and the restoration of the site to a dust-free and erosion-free condition makes necessary the removal, sale or destruction of such the personal property or fixtures, the building inspector of buildings or other designated officer may order in writing the removal of such the personal property or fixtures by a date certain date. Such. The order shall be served as provided in sub. (1m) par. (d). If the personal property or fixtures or both are not removed by the time specified the inspector may store the same, or may, sell it, or, if it has no appreciable value he or she may, destroy the same. In case personal property or fixture. If the property is stored the amount paid for storage shall be is a lien against such the property and against the real estate and, to the extent that the amount is not reimbursed under s. 632.103 (2) from funds withheld from an insurance settlement, shall be assessed and collected as a special tax against the real estate if the real estate is owned by the owner of the personal property and fixtures. If the property is stored the owner thereof of the property, if known, shall be notified of the place of its storage and if it be the property is not claimed by the owner it may be sold at the expiration of 6 months after it has been stored. In case of sale the The handling of the sale and the distribution of the net proceeds after deducting the cost of storage and any other costs shall be handled as specified in sub. (2) par. (j) and a report made to the circuit court as therein specified. Anyone in par. (j). A person affected by any order made under this subsection paragraph may appeal as provided in sub. (3) par. (h).

150,144 Section 144. 66.05 (5m) of the statutes is renumbered 66.0413 (1) (L) 2. and amended to read:

66.0413 (1) (L) 2. This section shall does not limit powers otherwise granted to municipalities by other laws of this state.

150,145 Section 145. 66.05 (6) of the statutes is renumbered 66.0427 and amended to read:

66.0427 Open excavations in populous counties. In any a town, city or village in any a county having with a population of 500,000 or more no excavation for building purposes, whether or not completed, shall may be left open for more than 6 months without proceeding with the erection of a building thereon. In the event any such on the excavation. If an excavation remains open for more than 6 months, the building inspector of buildings or other designated officer in such of the town, village or city shall order that the erection of a building on the excavation begin forthwith or in the alternative that the excavation be filled to grade. The order shall be served upon the owner of the land or the owner's agent and upon the holder of any encumbrance of record as provided in sub. (1m) s. 66.0413 (1) (d). If the owner of the land fails to comply with the order within 15 days after service thereof of the order upon the owner, the building inspector of buildings or other designated officer shall cause fill the excavation to be filled to grade and the cost shall be charged against the real estate as provided in sub. (2). Subsection (3) shall also apply s. 66.0413 (1) (f). Section 66.0413 (1) (h) applies to orders issued under this subsection section. This shall not be construed to section does not impair the authority of any a city or village to enact ordinances in this field.

150,146 Section 146 . 66.05 (8) (a) to (bm) of the statutes are renumbered 66.0413 (2) (a) to (e) and amended to read:

66.0413 (2) (a) Definitions. In this subsection "building":

1. "Building" means a building, dwelling or structure.

(b) Notification of nuisance. Whenever an If the owner of any a building in any a city, village or town permits the same, either as a result of vandalism or for any other reason, 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 building are either deteriorated, damaged, destroyed or removed so that such building offends the aesthetic character of the immediate neighborhood or produces blight or deterioration by reason of such condition building to become a public nuisance, the building inspector or other designated officer of such the city, village or town shall issue a written notice respecting of the existence of such defect; such that makes the building a public nuisance. The written notice shall be served on the owner of such the building as set forth in provided under sub. (1m) (a) (1) (d) and shall direct the owner of such building to promptly remedy the defect within 30 days following the service of such notice.

(c) Failure to remedy; court order to remedy or raze. 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) (b) 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 the 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 the 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. (1m) (a) and the (1) (d). The owner shall have reply to the petition within 45 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 on 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. (1m) (a) (1) (d). 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) (d).

2. In an action under this subsection, the circuit court before which the action is commenced shall exercise jurisdiction in rem or quasi rem over the property which is the subject of the action. The owner of record of the property, if known, and all other persons of record holding or claiming any interest in the property shall be made parties defendant and service of process may be had made upon them.

3. It shall is not be a defense to an action under this subsection that the owner of record of the property is a different person, partnership or corporate entity than the owner of record of the property on or after the date the action was commenced or thereafter if a lis pendens was filed before the change of ownership.

(d) Failure to comply with court order. If the order of the circuit court under par. (b) (c) is not complied with within the time fixed by the court under par. (b) (c), the court shall authorize the building inspector or other designated officer to raze and remove the building and restore the site to a dust-free and erosion-free condition or shall appoint a disinterested person to act as receiver of the property to do either of the following within a reasonable period of time set by the court:

1. Remedy the defect and make any repairs and alterations necessary to meet the standards required by the building code or any health order. A receiver appointed under this subdivision, with the approval of the circuit court, may borrow money against and mortgage the property held in receivership as security in any amount necessary to remedy the defect and make the repairs and alterations. For the expenses incurred to remedy the defect and make the repairs and alterations necessary under this subdivision, the receiver shall have has a lien upon the property. At the request of and with the approval of the owner, the receiver may sell the property at a price equal to at least the appraisal appraised value of the property plus the cost of any repairs made under this subdivision. The selling owner shall be is liable for such those costs.

2. Secure and sell the building to a buyer who demonstrates to the circuit court an ability and intent to rehabilitate the building and to cause have the building to be reoccupied in a legal manner.

(e) Receiver; order to raze. 1. Any A receiver appointed under par. (bg) (d) shall collect all rents and profits accruing from the property held in receivership and pay all costs of management, including all general and special real estate taxes or assessments and interest payments on first mortgages on the property. A receiver under par. (bg) (d) shall apply moneys received from sale of property held in receivership to pay all debts due on the property in the order set by law and shall pay any balance to the selling owner if the circuit court approves.

2. The circuit court shall set the fees and bond of a receiver appointed under par. (bg) (d) and may discharge the receiver as the court deems considers appropriate.

3. Nothing in this subsection relieves the owner of any property for which a receiver has been appointed under par. (bg) (d) from any civil or criminal responsibility or liability except that the receiver shall have has civil and criminal responsibility and liability for all matters and acts directly under the receiver's authority or performed at his or her discretion.

4. If a defect is not remedied and repairs and alterations are not made within the time limit set by the circuit court under par. (bg) (d), the court shall order that the building inspector or other designated officer proceed to raze and remove the building and restore the site to a dust-free and erosion-free condition.

5. All costs and disbursements with respect to razing, removing and restoration of the site raze a building under this subsection shall be as provided for under sub. (2) (a) (1) (f).