LRBs0332/1
GMM:kmg:jf
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2003 ASSEMBLY BILL 752
February 19, 2004 - Offered by Representative Albers.
AB752-ASA1,1,2
1An Act to create 807.16 of the statutes;
relating to: remedies in certain actions
2concerning building code or zoning ordinance violations.
Analysis by the Legislative Reference Bureau
This substitute amendment specifies that, in any action in which a party seeks
an order directing a person to raze, move, or modify a structure located on real
property owned by the person as a result of the structure being in violation of a
building code or zoning ordinance of a county, city, village, or town (political
subdivision), any political subdivision that issued a permit for the construction of the
structure must be made a party to the action. If the permit was issued based upon
an accurate application, if the structure was constructed in accordance with the
permit, if the violation is not due to damage to or other change in the structure
arising after the construction of the structure, and if the person who owns the
property consents, the court may order the political subdivision to grant a variance
for the structure. With certain limited exceptions, if the court orders the person to
raze the structure, the court must order the political subdivision to pay to the person
an amount equal to the sum of all of the following: a) the reasonable attorney fees
incurred by the person in defending the action; b) any fees paid by the person to the
political subdivision with regard to the construction of the structure; c) the total cost
of labor and materials for construction of the structure; and d) the total cost of razing
the structure. With certain limited exceptions, if the court orders the person to move
or modify the structure, the court must order the political subdivision to pay to the
person an amount equal to the sum of all of the following: a) the reasonable attorney
fees incurred by the person in defending the action; b) any fees paid by the person
to the political subdivision with regard to the construction of the structure; and c) the
total cost of moving or modifying the structure. The remedies provided under this
substitute amendment may be ordered in addition to or in lieu of any other remedy
provided by law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB752-ASA1,2,4
2807.16 Actions concerning building code or zoning ordinance
3violations. (1) In this section, "political subdivision" means a county, city, village,
4or town.
AB752-ASA1,2,9
5(2) In any action in which a party seeks an order directing a person to raze,
6move, or modify a structure located on real property owned by the person as a result
7of the structure being in violation of a building code or zoning ordinance of a political
8subdivision, any political subdivision that issued a permit for the construction of the
9structure shall be made a party to the action.
AB752-ASA1,2,14
10(3) If the permit was issued based upon an accurate application, if the structure
11was constructed in accordance with the permit, if the violation is not due to damage
12to or other change in the structure arising after the construction of the structure, and
13if the person who owns the property consents, the court may order the political
14subdivision to grant a variance for the structure.
AB752-ASA1,2,19
15(4) If the permit was issued based upon an accurate application, if the structure
16was constructed in accordance with the permit, if the violation is not due to damage
17to or other change in the structure arising after the construction of the structure, and
18if the court orders the person to raze the structure, the court shall order the political
19subdivision to pay to the person an amount equal to the sum of all of the following:
AB752-ASA1,3,1
1(a) The reasonable attorney fees incurred by the person in defending the action.
AB752-ASA1,3,32
(b) Any fees paid by the person to the political subdivision with regard to the
3construction of the structure.
AB752-ASA1,3,44
(c) The total cost of labor and materials for construction of the structure.
AB752-ASA1,3,55
(d) The total cost of razing the structure.
AB752-ASA1,3,11
6(5) If the permit was issued based upon an accurate application, if the structure
7was constructed in accordance with the permit, if the violation is not due to damage
8to or other change in the structure arising after the construction of the structure, and
9if the court orders the person to move or modify the structure, the court shall order
10the political subdivision to pay to the person an amount equal to the sum of all of the
11following:
AB752-ASA1,3,1212
(a) The reasonable attorney fees incurred by the person in defending the action.
AB752-ASA1,3,1413
(b) Any fees paid by the person to the political subdivision with regard to the
14construction of the structure.
AB752-ASA1,3,1515
(c) The total cost of moving or modifying the structure.
AB752-ASA1,3,17
16(6) The court may order the remedies authorized under subs. (4) and (5) in
17addition to or in lieu of any other remedy provided by law.
AB752-ASA1,3,2019
(1) This act first applies to actions commenced on the effective date of this
20subsection.
