AB710, s. 142
10Section
142. 66.05 (3) of the statutes is renumbered 66.0413 (1) (h) and
11amended to read:
AB710,99,612
66.0413
(1) (h)
Restraining order.
Anyone A person affected by
any such an 13order
shall issued under par. (b) may within the time provided by s. 893.76 apply to
14the circuit court for an order restraining the
building inspector
of buildings or other
15designated officer from razing
and removing the building
or part thereof and
16restoring the site to a dust-free and erosion-free condition or forever be barred. The
17hearing shall be held within 20 days and shall be given preference. The court shall
18determine whether the
raze order
of the inspector of buildings is reasonable
, and if.
19If the order is found reasonable the court shall dissolve the restraining order
, and if.
20If the order is found not reasonable the court shall continue the restraining order or
21modify it as the circumstances require. Costs
shall be are in the discretion of the
22court. If the court finds that the order
of the inspector of buildings is unreasonable,
23the
building inspector
of buildings or other designated officer shall issue no other
1order under this
section subsection in regard to the same building
or part thereof 2until its condition is substantially changed. The remedies provided in this
3subsection paragraph are exclusive remedies and anyone affected by
such an order
4of the inspector shall issued under par. (b) is not
be entitled to recover any damages
5for the razing
and removal of any such of the building
and the restoration of the site
6to a dust-free and erosion-free condition.
AB710, s. 143
7Section
143. 66.05 (5) of the statutes is renumbered 66.0413 (1) (i) and
8amended to read:
AB710,99,259
66.0413
(1) (i)
Removal of personal property. If
any a building
ordered razed
10and removed and the site ordered restored to a dust-free and erosion-free condition
11or made safe and sanitary by repairs subject to an order under par. (b) contains
12personal property or fixtures which will unreasonably interfere with the razing or
13repair of
such the building
and restoration of such site or if the razing
and removal
14of the building and the restoration of the site to a dust-free and erosion-free
15condition makes necessary the removal, sale or destruction of
such the personal
16property or fixtures
, the
building inspector
of buildings or other designated officer
17may order in writing the removal of
such the personal property or fixtures by a
date 18certain
date. Such. The order shall be served as provided in
sub. (1m) par. (d). If
19the personal property or fixtures
or both are not removed by the time specified the
20inspector may store
the same, or may, sell
it, or
, if it has no appreciable value
he or
21she may, destroy the
same. In case
personal property or fixture. If the property is
22stored the amount paid for storage
shall be is a lien against
such the property and
23against the real estate and, to the extent that the amount is not reimbursed under
24s. 632.103 (2) from funds withheld from an insurance settlement, shall be assessed
25and collected as a special tax against the real estate if the real estate is owned by the
1owner of the personal property and fixtures. If the property is stored the owner
2thereof of the property, if known, shall be notified of the place of
its storage and if
it
3be the property is not claimed by the owner it may be sold at the expiration of 6
4months after it has been stored.
In case of sale the
The handling of the sale and the
5distribution of the net proceeds after deducting the cost of storage and any other costs
6shall be
handled as specified in
sub. (2) par. (j) and a report made to the circuit court
7as
therein specified
. Anyone in par. (j). A person affected by any order made under
8this
subsection paragraph may appeal as provided in
sub. (3) par. (h).
AB710, s. 144
9Section
144. 66.05 (5m) of the statutes is renumbered 66.0413 (1) (L) 2. and
10amended to read:
AB710,100,1211
66.0413
(1) (L) 2. This section
shall
does not limit powers otherwise granted
12to municipalities by other laws of this state.
AB710, s. 145
13Section
145. 66.05 (6) of the statutes is renumbered 66.0427 and amended to
14read:
AB710,101,6
1566.0427 Open excavations in populous counties. In
any a town, city or
16village in
any a county
having with a population of 500,000 or more no excavation
17for building purposes, whether or not completed,
shall
may be left open for more than
186 months without proceeding with the erection of a building
thereon. In the event
19any such on the excavation. If an excavation remains open for more than 6 months,
20the
building inspector
of buildings or other designated officer
in such of the town,
21village or city shall order that the erection of a building on the excavation begin
22forthwith or
in the alternative that the excavation be filled to grade. The order shall
23be served upon the owner of the land or the owner's agent and upon the holder of any
24encumbrance of record as provided in
sub. (1m) s. 66.0413 (1) (d). If the owner of the
25land fails to comply with the order within 15 days after service
thereof of the order
1upon the owner, the
building inspector
of buildings or other designated officer shall
2cause fill the excavation
to be filled to grade and the cost shall be charged against the
3real estate as provided in
sub. (2). Subsection (3) shall also apply s. 66.0413 (1) (f).
4Section 66.0413 (1) (h) applies to orders issued under this
subsection section. This
5shall not be construed to section does not impair the authority of
any a city or village
6to enact ordinances in this field.
AB710, s. 146
7Section
146
. 66.05 (8) (a) to (bm) of the statutes are renumbered 66.0413 (2)
8(a) to (e) and amended to read:
AB710,101,99
66.0413
(2) (a)
Definitions. In this subsection
"building":
AB710,101,10
101. "Building" means a building, dwelling or structure.
AB710,101,2311
(b)
Notification of nuisance. Whenever an If the owner of
any a building in
any 12a city, village or town permits the
same, either as a result of vandalism or for any
13other reason, to deteriorate or become dilapidated or blighted to the extent where
14windows, doors or other openings or plumbing or heating fixtures or facilities or
15appurtenances of such building are either deteriorated, damaged, destroyed or
16removed so that such building offends the aesthetic character of the immediate
17neighborhood or produces blight or deterioration by reason of such condition building
18to become a public nuisance, the building inspector or other designated officer of
such 19the city, village or town shall issue a written notice
respecting of the
existence of such 20defect
; such that makes the building a public nuisance. The written notice shall be
21served on the owner of
such the building as
set forth in provided under sub.
(1m) (a) 22(1) (d) and shall direct the owner
of such building to
promptly remedy the defect
23within 30 days following
the service
of such notice.
AB710,103,224
(c)
Failure to remedy; court order to remedy or raze. 1. If an owner fails to
25remedy or improve the defect in accordance with the written notice
furnished by the
1building inspector or other designated officer under par.
(am) (b) within the 30-day
2period specified in the written notice, the building inspector or other designated
3officer shall apply to the circuit court of the county in which the building is located
4for an order determining that the building constitutes a public nuisance. As a part
5of the application for
such the order from the circuit court the building inspector or
6other designated officer shall file a verified petition which recites the giving of
such 7written notice, the defect
or defects in
such the building, the owner's failure to comply
8with the notice and
such other pertinent facts
as may be related thereto. A copy of
9the petition shall be served upon the owner of record or the owner's agent if an agent
10is in charge of the building and upon the holder of any encumbrance of record under
11sub.
(1m) (a) and the (1) (d). The owner shall
have reply to the petition within 45 days
12following service upon the owner
in which to reply to such petition. Upon application
13by the building inspector or other designated officer the circuit court shall set
14promptly the petition for hearing. Testimony shall be taken by the circuit court with
15respect to the allegations of the petition and denials contained in the verified answer.
16If the circuit court after hearing the evidence
with respect to on the petition and
the 17answer determines that the building constitutes a public nuisance, the court shall
18issue promptly an order directing the owner of the building to remedy the defect and
19to make such repairs and alterations as may be required. The court shall set a
20reasonable period of time in which the defect shall be remedied and the repairs or
21alterations completed. A copy of the order shall be served upon the owner as provided
22in sub.
(1m) (a) (1) (d). The order of the circuit court shall state in the alternative that
23if the order of the court is not complied with within the time fixed by the court, the
24court will appoint a receiver or authorize the building inspector or other designated
1officer to proceed to raze
and remove the building
and restore the site to a dust-free
2and erosion-free condition under par.
(bg) (d).
AB710,103,73
2. In an action under this subsection, the circuit court before which the action
4is commenced shall exercise jurisdiction in rem or quasi rem over the property which
5is the subject of the action. The owner of record of the property, if known, and all other
6persons of record holding or claiming any interest in the property shall be made
7parties defendant and service of process may be
had
made upon them.
AB710,103,118
3. It
shall is not
be a defense to an action under this subsection that the owner
9of record of the property is a different person
, partnership or
corporate entity than
10the owner of record of the property on
or after the date the action was commenced
11or thereafter if a lis pendens was filed before the change of ownership.
AB710,103,1712
(d)
Failure to comply with court order. If the order of the circuit court under par.
13(b) (c) is not complied with within the time fixed by the court under par.
(b) (c), the
14court shall authorize the building inspector or other designated officer to raze
and
15remove the building
and restore the site to a dust-free and erosion-free condition or
16shall appoint a disinterested person to act as receiver of the property to do either of
17the following within a reasonable period of time set by the court:
AB710,104,318
1. Remedy the defect and make any repairs and alterations necessary to meet
19the standards required by the building code or any health order. A receiver appointed
20under this subdivision, with the approval of the circuit court, may borrow money
21against and mortgage the property held in receivership as security in any amount
22necessary to remedy the defect and make the repairs and alterations. For the
23expenses incurred to remedy the defect and make the repairs and alterations
24necessary under this subdivision, the receiver
shall have has a lien upon the
25property. At the request of and with the approval of the owner, the receiver may sell
1the property at a price equal to at least the
appraisal appraised value of the property
2plus the cost of any repairs made under this subdivision. The selling owner
shall be 3is liable for
such those costs.
AB710,104,64
2. Secure and sell the building to a buyer who demonstrates to the circuit court
5an ability and intent to rehabilitate the building and to
cause have the building
to
6be reoccupied in a legal manner.
AB710,104,137
(e)
Receiver; order to raze. 1.
Any A receiver appointed under par.
(bg)
(d) shall
8collect all rents and profits accruing from the property held in receivership and pay
9all costs of management, including all general and special real estate taxes or
10assessments and interest payments on first mortgages on the property. A receiver
11under par.
(bg) (d) shall apply moneys received from sale of property held in
12receivership to pay all debts due on the property in the order set by law and shall pay
13any balance to the selling owner if the circuit court approves.
AB710,104,1514
2. The circuit court shall set the fees and bond of a receiver appointed under
15par.
(bg) (d) and may discharge the receiver as the court
deems considers appropriate.
AB710,104,2016
3. Nothing in this subsection relieves the owner of
any property for which a
17receiver has been appointed under par.
(bg) (d) from any civil or criminal
18responsibility or liability except that the receiver
shall have has civil and criminal
19responsibility and liability for all matters and acts directly under the receiver's
20authority or performed at his or her discretion.
AB710,104,2421
4. If a defect is not remedied and repairs and alterations are not made within
22the time limit set by the circuit court under par.
(bg) (d), the court shall order that
23the building inspector or other designated officer proceed to raze
and remove the
24building
and restore the site to a dust-free and erosion-free condition.
AB710,105,3
15. All costs and disbursements
with respect to
razing, removing and restoration
2of the site raze a building under this subsection shall be as provided
for under sub.
3(2) (a) (1) (f).
AB710, s. 147
4Section
147
. 66.05 (8) (d) of the statutes is repealed.
Note: Restated as a definition under s. 66.0413 (2) (a) 2. See Section 106 of
this bill.
AB710, s. 148
5Section
148. 66.05 (9) of the statutes is renumbered 66.0413 (3), and 66.0413
6(3) (d), as renumbered, is amended to read:
AB710,105,127
66.0413
(3) (d) If a municipal governing body, inspector of buildings or
8designated officer determines that the cost of repairs to a historic building would be
9less than 85% of the assessed value of the building divided by the ratio of the assessed
10value to the recommended value as last published by the department of revenue for
11the municipality within which the historic building is located,
such the repairs
shall
12be are presumed reasonable.
AB710, s. 149
13Section
149. 66.05 (10) of the statutes is renumbered 66.0413 (4).
AB710, s. 150
14Section
150. Subchapter V (title) of chapter 66 [precedes 66.0501] of the
15statutes is created to read:
AB710,105,1616
Chapter 66
AB710,105,1817
Subchapter V
18
Officers and Employes
AB710, s. 151
19Section
151. 66.051 (title) and (1) (a) to (bm) of the statutes are renumbered
2066.0107 (title) and (1) (a) to (bm), and 66.0107 (1) (b) and (bm), as renumbered, are
21amended to read:
AB710,106,222
66.0107
(1) (b)
Cause the seizure of
Seize anything devised solely for gambling
23or found in actual use for gambling and
cause the destruction of any such thing
1destroy the device after a judicial determination that it was used solely for gambling
2or found in actual use for gambling;
and
AB710,106,93
(bm) Enact and enforce an ordinance to prohibit the possession of 25 grams or
4less of marijuana, as defined in s. 961.01 (14), subject to the exceptions in s. 961.41
5(3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any
6person who is charged with possession of more than 25 grams of marijuana, or who
7is charged with possession of any amount of marijuana following a conviction for
8possession of marijuana, in this state shall not be prosecuted under this paragraph
;
9and.
AB710, s. 152
10Section
152. 66.051 (1) (c) of the statutes is repealed.
Note: Section 66.051 (1) (c) is repealed as unnecessary given the general
provision of s. 66.051 (2), renumbered s. 66.0107 (2), that nothing in the section
may be construed to preclude cities, villages and towns from prohibiting conduct
which is the same or similar to that prohibited by chs. 941 to 948. Under
repealed par. (c), towns, villages and cities may: "Prohibit conduct which is the
same as or similar to that prohibited by s. 947.01, 947.012 or 947.0125."
AB710, s. 153
11Section
153. 66.051 (2) and (3) of the statutes are renumbered 66.0107 (2) and
12(3).
AB710, s. 154
13Section
154
. 66.0517 of the statutes is created to read:
AB710,106,15
1466.0517 Weed commissioner. (1) Definition. In this section, "noxious
15weeds" has the meaning given in s. 66.0407 (1) (b).
AB710,107,5
16(2) Appointment. (a)
Town, village and city weed commissioner. The
17chairperson of each town, the president of each village and the mayor of each city may
18appoint one or more commissioners of noxious weeds on or before May 15 in each
19year. A weed commissioner shall take the official oath and the oath shall be filed in
20the office of the town, village or city clerk. A weed commissioner shall hold office for
21one year and until a successor has qualified or the town chairperson, village
22president or mayor determines not to appoint a weed commissioner. If more than one
1commissioner is appointed, the town, village or city shall be divided into districts by
2the officer making the appointment and each commissioner shall be assigned to a
3different district. The town chairperson, village president or mayor may appoint a
4resident of any district to serve as weed commissioner in any other district of the
5same town, village or city.
AB710,107,136
(b)
County weed commissioner. A county may by resolution adopted by its
7county board provide for the appointment of a county weed commissioner and
8determine the duties, term and compensation for the county weed commissioner.
9When a weed commissioner has been appointed under this paragraph and has
10qualified, the commissioner has the powers and duties of a weed commissioner
11described in this section. Each town chairperson, village president or mayor may
12appoint one or more deputy weed commissioners, who shall work in cooperation with
13the county weed commissioner in the district assigned by the appointing officer.
AB710,107,21
14(3) Powers, duties and compensation. (a)
Destruction of noxious weeds. A weed
15commissioner shall investigate the existence of noxious weeds in his or her district.
16If a person in a district neglects to destroy noxious weeds as required under s. 66.0407
17(3), the weed commissioner shall destroy, or have destroyed, the noxious weeds in the
18most economical manner. A weed commissioner may enter upon any lands that are
19not exempt under s. 66.0407 (5) and cut or otherwise destroy noxious weeds without
20being liable to an action for trespass or any other action for damages resulting from
21the entry and destruction, if reasonable care is exercised.
AB710,108,1622
(b)
Compensation of weed commissioner. 1. Except as provided in sub. (2) (b),
23a weed commissioner shall receive compensation for the destruction of noxious weeds
24as determined by the town board, village board or city council upon presenting to the
25proper treasurer the account for noxious weed destruction, verified by oath and
1approved by the appointing officer. The account shall specify by separate items the
2amount chargeable to each piece of land, describing the land, and shall, after being
3paid by the treasurer, be filed with the town, village or city clerk. The clerk shall
4enter the amount chargeable to each tract of land in the next tax roll in a column
5headed "For the Destruction of Weeds", as a tax on the lands upon which the weeds
6were destroyed. The tax shall be collected under ch. 74, except in case of lands which
7are exempt from taxation, railroad lands or other lands for which taxes are not
8collected under ch. 74. A delinquent tax may be collected as is a delinquent real
9property tax under chs. 74 and 75 or as is a delinquent personal property tax under
10ch. 74. In case of railroad lands or other lands for which taxes are not collected under
11ch. 74, the amount chargeable against these lands shall be certified by the town,
12village or city clerk to the state treasurer who shall add the amount designated to the
13sum due from the company owning, occupying or controlling the lands specified. The
14state treasurer shall collect the amount chargeable as prescribed in subch. I of ch.
1576 and return the amount collected to the town, city or village from which the
16certification was received.
AB710,108,1917
2. For the performance of duties other than the destruction of noxious weeds,
18a weed commissioner shall receive compensation to be determined by the town board,
19village board or city council.
Note: Creates s. 66.0517 of the statutes in order to combine the provisions
regarding weed commissioners contained in ss. 66.97 to 66.99. The latter
statutes are repealed in Section 620 of this bill. The new provision specifies
that the appointment of a town, village or city weed commissioner is optional.
The provision also differs from s. 66.97 by treating a 1st class city in the same
manner as any other city. Otherwise, ss. 66.97 to 66.99 are restated.
AB710, s. 155
20Section
155. 66.052 of the statutes is renumbered 66.0415 and amended to
21read:
AB710,109,21
166.0415 Offensive industry.
(1) Any The common council
of a city or village
2board may direct the location, management and construction of, and license,
3regulate or prohibit
, any industry, thing or place where any nauseous, offensive or
4unwholesome business is carried on, that is within the city or village or within 4 miles
5of the boundaries of the city or village, except that the Milwaukee, Menominee and
6Kinnickinnic rivers with their branches to the outer limits of the county of
7Milwaukee, and all canals connecting with
said these rivers, together with the lands
8adjacent to
said these rivers and canals or within 100 yards of them, are
deemed to
9be within the jurisdiction of the city of Milwaukee.
Any A town board
shall have has 10the same powers as are provided in this section for cities and villages
, as to the area
11within the town that is not licensed, regulated or prohibited by
any a city or village
12under this section.
Any A business that is conducted in violation of
any a city, village
13or town ordinance that is authorized
to be enacted under this section is a public
14nuisance. An action for the abatement or removal of the business or
to obtain an
15injunction to prevent operation of the business may be brought and maintained by
16the common council or village or town board in the name of this state on the relation
17of
such the city, village or town as provided in ss. 823.01, 823.02 and 823.07, or as
18provided in s. 254.58. Section 97.42
may does not limit the powers granted by this
19section. Section 95.72
may does not limit the powers granted by this section to cities
20or villages but powers granted to towns by this section are limited by s. 95.72 and by
21any orders and rules promulgated under s. 95.72.
AB710,110,2
22(2) Any To prevent nuisance, a city or village may, subject to the approval of the
23appropriate town board
of such town, by ordinance enact reasonable regulations
24governing areas where refuse, rubbish, ashes or garbage
shall be are dumped or
1accumulated in
any a town within one mile of the corporate limits of
such the city or
2village
, so as to prevent nuisance.
AB710, s. 156
3Section
156. 66.053 of the statutes is renumbered 66.0433, and 66.0433 (1) (a),
4(am) and (c) and (2), as renumbered, are amended to read:
AB710,110,195
66.0433
(1) (a)
Each A town board, village board
and or common council
shall 6may grant licenses to
such persons
as they deem it considers proper for the sale of
7beverages containing less than
one-half of one per centum 0.5% of alcohol by volume
8to be consumed on the premises where sold and to manufacturers, wholesalers,
9retailers and distributors of
such these beverages
, for which. The fee for a license
fee
10of shall be not less than $5 nor more than $50, to be fixed by the board or council
, shall
11be paid, except that where
such these beverages are sold
, not to be consumed on for
12consumption off the premises
, the license fee shall be $5.
Such The license shall be
13issued by the town, village or city clerk, shall designate the specific premises for
14which granted and shall expire the
thirtieth day of
next June
thereafter 30 after
15issuance. The full license fee shall be charged for the whole or a fraction of the year.
16No
such beverages
shall described in this paragraph may be manufactured, sold at
17wholesale or retail or sold for consumption on the premises, or kept for sale at
18wholesale or retail
, or for consumption on the premises where sold
, without
such a 19license
issued under this paragraph.
AB710,110,2420
(am)
In case of removal of the If a place of business
moves from the premises
21designated in the license to another location in the town, village or city within the
22license period, the licensee shall give notice of
such
the change of location, and the
23license shall be amended accordingly without payment of
an additional fee.
No such 24A license
, however, shall be is not transferable from one person to another.
AB710,111,6
1(c)
Each A town board, village board
and or common council
shall have
2authority may by resolution or ordinance
to adopt
such regulations as it may deem 3reasonable and necessary
regulations regarding the location of licensed premises,
4the conduct
thereof of the licensed premises, the sale of beverages containing less
5than
one-half of one per centum 0.5% of alcohol by volume and the revocation of any
6license
or permit.
AB710,111,17
7(2) Soda water beverages. Each A town board, village board
and
or common
8council of any city may grant licenses to
such persons
as they deem it considers 9proper for the sale of soda water beverages, as defined in s. 97.34, to be consumed on
10or off the premises where sold.
Such A license fee shall be fixed by
such the governing
11body of
such the city, village or town but shall not exceed $5. The license shall be
12issued by the town, city or village clerk, shall designate the specific premises for
13which granted and shall expire on the
thirtieth day of
next June
thereafter. Each
14such 30 after issuance. The governing body
shall have authority may by resolution
15or ordinance
to adopt
such regulations as it may deem reasonable and necessary
16regulations regarding the location of licensed premises, the conduct
thereof of the
17licensed premises and the revocation of any
such license.
AB710, s. 157
18Section
157. 66.057 of the statutes is renumbered 157.129, and 157.129 (title),
19as renumbered, is amended to read:
AB710,111,20
20157.129 (title)
Minimum acreage of cemeteries; local ordinance.
AB710, s. 158
21Section
158
. 66.058 (title), (1), (2) and (3) (title), (a), (b) and (c) 1. to 7. of the
22statutes are renumbered 66.0435 (title), (1), (2) and (3) (title), (a), (b) and (c) 1. to 7.,
23and 66.0435 (1) (intro.) and (e), (2) and (3) (a), (c) 1. (intro.), 2. and 4. to 7., as
24renumbered, are amended to read:
AB710,111,2525
66.0435
(1) Definitions. (intro.)
For the purposes of In this section:
AB710,112,3
1(e) "Mobile home park" means any plot or plots of ground upon which 2 or more
2units, occupied for dwelling or sleeping purposes are located, regardless of whether
3or not a charge is made for
such
the accommodation.
AB710,112,14
4(2) License and revocation or suspension thereof Granting, revoking or
5suspending license. (a) It
shall be
is unlawful for any person to maintain or operate
6a mobile home park within the limits of
any a city, town or village,
any mobile home
7park unless
such the person
shall first obtain has received a license from the city,
8town or village
a license therefor. All such parks in existence on August 9, 1953 shall
9within 90 days thereafter, obtain such license, and in all other respects comply fully
10with the requirements of this section except that the licensing authority shall upon
11application of a park operator, waive such requirements that require prohibitive
12reconstruction costs if such waiver does not affect sanitation requirements of the city,
13town or village or create or permit to continue any hazard to the welfare and health
14of the community and the occupants of the park.
AB710,112,1915
(b) In order to protect and promote the public health, morals and welfare and
16to equitably defray the cost of municipal and educational services required by
17persons and families using or occupying trailers, mobile homes, trailer camps or
18mobile home parks for living, dwelling or sleeping purposes,
each a city council,
19village board and town board may
establish do any of the following:
AB710,112,22
201. Establish and enforce by ordinance reasonable standards and regulations
21for every trailer and trailer camp and every mobile home and mobile home park
;
22require.
AB710,113,2
232. Require an annual license fee to operate
the same a trailer and trailer camp
24or mobile home and mobile home park and levy and collect special assessments to
1defray the cost of municipal and educational services furnished to
such the trailer
2and trailer camp, or mobile home and mobile home park.
They may limit
AB710,113,4
33. Limit the number of units, trailers or mobile homes that may be parked or
4kept in any one camp or park
, and limit.
AB710,113,10
54. Limit the number of licenses for trailer camps or parks in any common school
6district, if the mobile housing development would cause the school costs to increase
7above the state average or if an exceedingly difficult or impossible situation exists
8with regard to providing adequate and proper sewage disposal in the particular area.
9The power conferred on cities, villages and towns by this section is in addition to all
10other grants and shall be deemed limited only by the express language of this section.
AB710,113,1511
(c) In
any a town in which the town board enacts an ordinance regulating
12trailers under
the provisions of this section and has also enacted and approved a
13county zoning ordinance under the provisions of s. 59.69, the provisions of the
14ordinance which is most restrictive
shall apply with respect to the establishment and
15operation of
any a trailer camp in
said the town.
AB710,114,716
(d)
Any A license granted under
the provisions of this section
shall be is subject
17to revocation or suspension for cause by the
common council, village board or town
18board licensing authority that issued the license upon complaint filed with the clerk
19of the
city, village or town licensing authority, if the complaint is signed by
any
a law
20enforcement officer, local health officer, as defined in s. 250.01 (5), or building
21inspector
, after a public hearing upon the complaint
, provided that the. The holder
22of the license shall be given 10 days'
written notice
in writing of the hearing, and
the
23holder of the license shall be is entitled to appear and be heard as to why the license
24shall should not be revoked.
Any A holder of a license that is revoked or suspended
25by the
governing body of any city, village or town
licensing authority may within 20
1days of the date of the revocation or suspension appeal
therefrom the decision to the
2circuit court of the county in which the trailer camp or mobile home park is located
3by filing a written notice of appeal with the
city, village or town clerk
of the licensing
4authority, together with a bond executed to the
city, village or town licensing
5authority, in the sum of $500 with 2 sureties or a bonding company approved by the
6said clerk, conditioned for the faithful prosecution of the appeal and the payment of
7costs adjudged against the license holder.
AB710,114,16
8(3) (a) The licensing authority shall
exact collect from the licensee an annual
9license fee of not less than $25
and not nor more than $100 for each 50 spaces or
10fraction
thereof of 50 spaces within each mobile home park within its limits
, except
11that where. If the park lies in more than one municipality the amount of the license
12fee shall be
such fraction thereof as the number of spaces in the park in the
13municipality bears to the entire number of spaces in the park
determined by
14multiplying the gross fee by a fraction the numerator of which is the number of spaces
15in the park in a municipality and the denominator of which is the entire number of
16spaces in the park.
AB710,114,2217
(c) 1. (intro.) In addition to the license fee provided in pars. (a) and (b), each
local
18taxing licensing authority shall collect from each mobile home occupying space or
19lots in a park in the
city, town or village licensing authority, except from mobile homes
20that constitute improvements to real property under s. 70.043 (1) and from
21recreational mobile homes and camping trailers as defined in s. 70.111 (19), a
22monthly parking permit fee computed as follows:
AB710,115,1023
2. The monthly parking permit fee
shall be is applicable to mobile homes
24moving into the tax district any time during the year. The park operator shall furnish
25information to the tax district clerk and the assessor on mobile homes added to the
1park within 5 days after their arrival, on forms prescribed by the department of
2revenue. As soon as the assessor receives the notice of an addition of a mobile home
3to a park, the assessor shall determine its fair market value and notify the clerk of
4that determination. The clerk shall equate the fair market value established by the
5assessor and shall apply the appropriate tax rate, divide the annual parking permit
6fee thus determined by 12 and notify the mobile home owner of the monthly fee to
7be collected from the mobile home owner. Liability for payment of the fee
shall begin 8begins on the first day of the next succeeding month and
shall remain on the mobile
9home only continues for
such
the months
as in which the mobile home remains in the
10tax district.
AB710,115,1411
4. The valuation established
shall be is subject to review as are other values
12established under ch. 70. If the board of review reduces a valuation on which
13previous monthly payments have been made the tax district shall refund past excess
14fee payments.
AB710,115,1715
5. The monthly parking permit fee shall be paid by the mobile home owner to
16the local taxing authority on or before the 10th of the month following the month for
17which
such the parking permit fee is due.
AB710,115,2218
6. The licensee of a park
shall be is liable for the monthly parking permit fee
19for any mobile home occupying space
therein in the park as well as the owner and
20occupant
thereof of the mobile home occupying space. A municipality, by ordinance,
21may require the mobile home park operator to collect the monthly parking permit fee
22from the mobile home owner.
AB710,116,323
7. No monthly parking permit fee
shall may be imposed for any space occupied
24by a mobile home accompanied by an automobile for an accumulating period not to
25exceed 60 days in any 12 months if the occupants of the mobile home are tourists or
1vacationists. Exemption certificates in duplicate shall be accepted by the treasurer
2of the licensing authority from qualified tourists or vacationists in lieu of monthly
3mobile home parking permit fees.
AB710,116,156
66.0435
(3) (c) 8. The credit under s. 79.10 (9) (bm), as it applies to the principal
7dwelling on a parcel of taxable property
shall apply, applies to the estimated fair
8market value of a mobile home that is the principal dwelling of the owner. The owner
9of the mobile home shall file a claim for the credit with the treasurer of the
10municipality in which the property is located. To obtain the credit under s. 79.10 (9)
11(bm), the owner shall attest on the claim that the mobile home is the owner's
12principal dwelling. The treasurer shall reduce the owner's parking permit fee by the
13amount of any allowable credit. The treasurer shall furnish notice of all claims for
14credits filed under this subdivision to the department of revenue as provided under
15s. 79.10 (1m).
AB710, s. 160
16Section
160. 66.058 (3) (d) to (h) and (3m) to (8) of the statutes are renumbered
1766.0435 (3) (d) to (h) and (3m) to (8), and 66.0435 (3) (d) to (h) and (5) to (8), as
18renumbered, are amended to read:
AB710,116,2019
66.0435
(3) (d) This section
shall
does not apply
where to a mobile home park
20that is owned and operated by any county under the provisions of s. 59.52 (16) (b).
AB710,117,221
(e) If a mobile home is permitted by local ordinance to be located outside of a
22licensed park, the monthly parking permit fee shall be paid by the owner of the land
23on which it stands, and the owner of
such the land shall
be required to comply with
24the reporting requirements of par. (c). The owner of the land may collect the fee from
25the owner of the mobile home and, on or before January 10 and on or before July 10,
1shall transmit to the taxation district all fees owed for the 6 months ending on the
2last day of the month preceding the month when the transmission is required.
AB710,117,4
3(f) Nothing
contained in this subsection
shall prohibit prohibits the regulation
4thereof by local ordinance
of a mobile home park.
AB710,117,85
(g) Failure to timely pay the tax
hereunder prescribed in this subsection shall
6be treated
in all respects like as a default in payment of personal property tax and
7shall be is subject to all procedures and penalties applicable
thereto under chs. 70
8and 74.
AB710,117,129
(h) Each local governing body
is empowered to may enact an ordinance
10providing a forfeiture of up to $25 for
the failure to comply with the reporting
11requirements of par. (c) or (e). Each failure to report
shall be regarded as is a separate
12offense.
AB710,117,21
13(5) Plans and specifications to be filed. Accompanying, and to be filed with
14an original application for a mobile home park, shall be plans
Plans and
15specifications
which shall be in compliance with all applicable
city, town or village 16ordinances
of the licensing authority and provisions of the department of health and
17family services
shall be filed with an original application for a mobile home park. The
18clerk
, after approval of the application by the
governing body licensing authority and
19upon completion of the work according to the plans
, shall issue the license. A mobile
20housing development harboring only nondependent mobile homes as defined in sub.
21(1) (f)
shall is not
be required to provide a service building.
AB710,118,2
22(6) Renewal of license. Upon application by any licensee
and, after approval
23by the
governing body of the city, town or village
licensing authority and upon
24payment of the annual license fee, the clerk of the
city, town or village licensing
25authority shall issue a certificate renewing the license for another year, unless
1sooner revoked. The application for renewal shall be in writing, signed by the
2applicant on forms furnished by the
city, town or village licensing authority.
AB710,118,6
3(7) Transfer of license; fee. Upon application for a transfer of license the clerk
4of the
city, town or village licensing authority, after approval of the application by the
5governing body licensing authority, shall issue a transfer upon payment of the
6required $10 fee.
AB710,118,16
7(8) Distribution of fees. The
municipality licensing authority may retain 10%
8of the monthly parking permit fees collected in each month, without reduction for any
9amounts deducted under sub. (3m), to cover the cost of administration. The
10municipality licensing authority shall pay to the school district in which the park is
11located, within 20 days after the end of each month, such proportion of the remainder
12of the fees collected in the preceding month as the ratio of the most recent property
13tax levy for school purposes bears to the total tax levy for all purposes in the
14municipality licensing authority. If the park is located in more than one school
15district, each district shall receive a share in the proportion that its property tax levy
16for school purposes bears to the total school tax levy.
AB710, s. 161
17Section
161. 66.0585 of the statutes is renumbered 66.0435 (9) and amended
18to read:
AB710,118,2519
66.0435
(9) Municipalities; parking fees on mobile homes. Any municipality 20A licensing authority may assess parking fees at the rates under
s. 66.058 this
21section on mobile homes, as defined in s. 70.111 (19) except mobile homes which are
22located in campgrounds licensed under s. 254.47 and mobile homes which are located
23on land where the principal residence of the owner of the mobile home is located,
24regardless of whether
or not the mobile home is occupied during all or part of any
25calendar year.
AB710, s. 162
1Section
162. 66.059 of the statutes is renumbered 66.0619, and 66.0619 (1)
2(intro.), (b) and (c), (2), (2m) (a) and (d), (4) (a) and (c) and (5) to (7), as renumbered,
3are amended to read:
AB710,119,104
66.0619
(1) (intro.)
Any county, town, sanitary district, public inland lake
5protection and rehabilitation district, city or village A municipality, in addition to
6any other authority to borrow money and issue its municipal obligations, may
also 7borrow money and issue its public improvement bonds to finance the cost of
8construction or acquisition, including site acquisition, of any revenue-producing
9public improvement of
such the municipality. In this section, unless the context or
10subject matter otherwise requires: