AB1045: Bill Text

LRB-0179/4

MES&MGG:kjf:jf

2005 - 2006 LEGISLATURE

2005 Assembly BILL 1045

February 20, 2006 - Introduced by Representatives Freese, Richards, Vos, Hahn, Mursau, Berceau, Albers, Hines and Molepske, cosponsored by Senator Risser. Referred to Committee on Tourism.

AB1045,1,11 An Act to renumber 66.0413 (3) (a) 1. and 101.121 (4) (a); to consolidate, renumber and amend 66.0413 (4) (a) and (b); to amend 59.69 (4m), 60.64, 62.23 (7) (em), 66.0413 (1) (b) 1., 66.0413 (1) (d), 66.0413 (1) (h), 66.0413 (1) (k), 101.121 (4) (b), 101.122 (4) (b) 1., 101.132 (2) (b) 1., 101.132 (2) (b) 2., 101.132 (2) (b) 3., 254.61 (1) (f) 2. and 823.21; to repeal and recreate 66.0413 (3) (c); and to create 66.0413 (3) (a) 1c., 66.0413 (3) (a) 1r., 66.0413 (3) (a) 3., 66.0413 (3) (e), 66.0413 (3) (f), 101.121 (3) (c), 101.121 (4) (a) 2., 101.121 (6), 101.132 (2) (b) 3m., 101.132 (2) (e) 3. and 101.975 (4) of the statutes; relating to: the regulation of historic buildings, the State Historic Building Code, and requiring local regulations applicable to historic buildings and structures to facilitate their preservation and restoration.

Analysis by the Legislative Reference Bureau

This bill makes numerous changes relating to historic buildings. Significant provisions include all of the following:

Razing of historic buildings

Under this bill, if a local governmental unit (city, village, town, county, housing authority, redevelopment authority, or housing and community development authority) issues a raze order, issues written notification of nuisance, or intends to authorize the razing of a historic building or a building that is at least 50 years old, the local governmental unit must first publish a class 1 notice that describes its action or intended action, and must notify any landmarks commission or local historical society in the municipality in which the historic building is located. If the building in question is a historic building, the local governmental unit must also hold a public hearing on its action or intended action. If the building is at least 50 years old, the local governmental unit must hold a public hearing on its action or intended action if requested to do so by the local landmarks commission or historical society or by at least 25, or 1 percent, of the electors of the municipality. Upon request of a local governmental unit, the bill authorizes the State Historical Society to waive these notice and hearing requirements to avoid an emergency condition that threatens public health or safety.

Current law authorizes a municipality to order the owner of any old, dilapidated, or unsafe building to raze the building. Any person affected by such an order may appeal the order to circuit court, where the issue is the reasonableness of the order.

This bill eliminates the age of the building from the criteria that may lead to an order to raze the building. The bill also provides that, if the order relates to a historic building, representatives of a local historical society or landmarks commission, an elector of the city, village, or town in which the building is located, and the owner of a historic building located within 200 yards of the historic building that is subject to the order may appeal the order to circuit court.

State Historic Building Code

Current law authorizes the Department of Commerce (department) to regulate the preservation and restoration of qualified historic buildings. A qualified historic building is a building that is listed on the national or state register of historic places, or a certified local register of historic property, or that is located in a district that is listed on the national or state register of historic places and is of historical significance to the district. Current law permits the department, in consultation with the Historic Building Code Council, to promulgate a historic building code that provides specific standards for the preservation or restoration of qualified historic buildings, while still providing for the health, safety, and welfare of occupants of and visitors to historic buildings. In addition, in order to permit the preservation or restoration of qualified historic buildings, the department may grant a variance from any rule promulgated under the chapters of the statutes relating to the regulation of industry, buildings, and safety or the regulation of plumbing, fire protection systems, and swimming pools.

With certain exceptions, the owner of a qualified historic building may elect to be subject to the State Historic Building Code. With limited exceptions, an owner who makes this election is exempt from any provision of any other building code, including a local building code, that concerns a matter that is dealt with in the State Historic Building Code. Although current law does not contain an administrative procedure designed specifically to determine whether an owner is entitled to this exemption, current law does contain a procedure that an owner may follow to resolve any conflicts between a local order and any order of the department that relates to the safety of places of employment or certain buildings that are open to the public (public buildings).

This bill specifies that the department shall interpret the State Historic Building Code to facilitate the preservation and restoration of qualified historic buildings. The bill also creates a specific administrative procedure for determining the extent to which a provision in a local building code applies to a qualified historic building. The bill permits the owner of a qualified historic building who has elected to be governed by the State Historic Building Code to request that the department review any decision of a local governmental unit that requires the owner to comply with a provision in a local ordinance. The department must review the decision in order to determine whether the provision in the ordinance concerns a matter dealt with in the State Historic Building Code, in which case the owner would be exempt from the provision. The bill specifies that, in performing this review, the department must follow the existing procedure for resolving conflicts between local orders and orders of the department that relate to the safety of places of employment or public buildings. In addition, the bill requires the department, in cooperation with the State Historical Society, to develop and distribute information to increase public awareness and use of the State Historic Building Code.

Historic buildings used as multifamily dwellings

Current law requires the department to promulgate a multifamily dwelling code that provides uniform standards for the construction of multifamily dwellings and their components. With certain exceptions, a multifamily dwelling is an apartment building, row house, town house, condominium, or manufactured building that does not exceed 60 feet in height or six stories and that consists of three or more attached dwelling units. The Multifamily Dwelling Code currently applies to any building or portion of a building that is converted to a multifamily dwelling after April 1, 1995, unless the building is a qualified historic building and the owner elects to be subject to the State Historic Building Code. Rules promulgated by the department also permit a local governmental unit to exercise jurisdiction over the construction and inspection of multifamily dwellings by adopting ordinances that are consistent with the multifamily dwelling code. Currently, the multifamily dwelling code contains specific requirements relating to the type, height, and design of handrails and guardrails that are required to be used in multifamily dwellings.

This bill permits a local governmental unit to adopt an ordinance that requires the local governmental unit to grant a variance from these handrail and guardrail requirements, as they apply to a qualified historic building that is converted from a single-family dwelling to a multifamily dwelling, if the owner of the qualified historic building shows that the type, height, and design of the handrail or guardrail proposed for installation is historically appropriate.

Current law requires certain multifamily dwellings to meet design and construction standards that ensure accessibility for individuals with physical disabilities. In certain circumstances, these requirements may apply to a qualified historic building that is remodeled or added to for use as a multifamily dwelling. This bill specifies that a qualified historic building that is remodeled is exempt from accessibility requirements that are otherwise triggered by the remodeling of a multifamily dwelling. The bill also provides that all rules promulgated by the department relating to the accessibility of multifamily dwellings that are qualified historic buildings must comply with, and may not exceed, the requirements of the federal Fair Housing Act and the federal Americans with Disabilities Act, and regulations promulgated under those acts.

Historic preservation in local governmental units

This bill directs local governmental units to interpret their regulations that apply to historic structures to facilitate the preservation and restoration of historic buildings and structures.

Study of rural historic preservation

The bill requests the Joint Legislative Council to study methods of promoting rural historic preservation.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1045, s. 1 Section 1. 59.69 (4m) of the statutes is amended to read:

AB1045,5,2 59.69 (4m) Historic preservation. A county, as an exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate by ordinance any place, structure or object with a special character, historic interest, aesthetic interest or other significant value, for the purpose of preserving the place, structure or object and its significant characteristics. The county may create a landmarks commission to designate historic landmarks and establish historic districts. The county may regulate all historic landmarks and all property within each historic district to preserve the historic landmarks and property within the district and the character of the district, and shall interpret the county's regulations to facilitate the preservation and restoration of historic buildings and structures.

AB1045, s. 2 Section 2. 60.64 of the statutes is amended to read:

AB1045,5,14 60.64 Historic preservation. The town board, in the exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate any place, structure or object with a special character, historic interest, aesthetic interest or other significant value for the purpose of preserving the place, structure or object and its significant characteristics. The town board may create a landmarks commission to designate historic landmarks and establish historic districts. The board may regulate all historic landmarks and all property within each historic district to preserve the historic landmarks and property within the district and the character of the district, and shall interpret the board's regulations to facilitate the preservation and restoration of historic buildings and structures.

AB1045, s. 3 Section 3. 62.23 (7) (em) of the statutes is amended to read:

AB1045,6,6 62.23 (7) (em) Historic preservation. A city, as an exercise of its zoning and police powers for the purpose of promoting the health, safety and general welfare of the community and of the state, may regulate by ordinance, or if a city contains any property that is listed on the national register of historic places in Wisconsin or the state register of historic places shall, not later than 1995, enact an ordinance to regulate, any place, structure or object with a special character, historic, archaeological or aesthetic interest, or other significant value, for the purpose of preserving the place, structure or object and its significant characteristics. A city may create a landmarks commission to designate historic or archaeological landmarks and establish historic districts. The city may regulate, or if the city contains any property that is listed on the national register of historic places in Wisconsin or the state register of historic places shall regulate, all historic or archaeological landmarks and all property within each historic district to preserve the historic or archaeological landmarks and property within the district and the character of the district, and shall interpret the city's regulations to facilitate the preservation and restoration of historic buildings and structures.

AB1045, s. 4 Section 4 . 66.0413 (1) (b) 1. of the statutes is amended to read:

AB1045,6,13 66.0413 (1) (b) 1. If a building is old, dilapidated or out of repair and consequently dangerous, unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to repair, order the owner of the building to raze the building or, if the building can be made safe by reasonable repairs, order the owner to either make the building safe and sanitary or to raze the building, at the owner's option.

AB1045, s. 5 Section 5. 66.0413 (1) (d) of the statutes is amended to read:

AB1045,7,2 66.0413 (1) (d) Service of order. An Subject to sub. (3) (c) 3., an order under par. (b) shall be served on the owner of record of the building that is subject to the order or on the owner's agent if the agent is in charge of the building in the same manner as a summons is served in circuit court. An order under par. (b) shall be served on the holder of an encumbrance of record by 1st class mail at the holder's last-known address and by publication as a class 1 notice under ch. 985. If the owner and the owner's agent cannot be found or if the owner is deceased and an estate has not been opened, the order may be served by posting it on the main entrance of the building and by publishing it as a class 1 notice under ch. 985 before the time limited in the order begins to run. The time limited in the order begins to run from the date of service on the owner or owner's agent or, if the owner and agent cannot be found, from the date that the order was posted on the building.

AB1045, s. 6 Section 6. 66.0413 (1) (h) of the statutes is amended to read:

AB1045,7,24 66.0413 (1) (h) Restraining order. A person affected by an order 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 or other designated officer from razing the building 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 is reasonable. If the order is found reasonable the court shall dissolve the restraining order. If the order is found not reasonable the court shall continue the restraining order or modify it as the circumstances require. Costs are in the discretion of the court. If the court finds that the order is unreasonable, the building inspector or other designated officer shall issue no other order under this subsection in regard to the same building until its condition is substantially changed. The remedies provided in this paragraph are exclusive remedies and anyone affected by an order issued under par. (b) is not entitled to recover any damages for the razing of the building. For the purposes of this paragraph, if the order requires the razing of a historic building, as defined in sub. (3) (a) 1m., persons affected by the order include a representative of a landmarks commission created in the political subdivision in which the historic building is located, a representative of a local historical society organized in the political subdivision in which the historic building is located, an elector of the city, village, or town in which the historic building is located, and the owner of a historic building, as defined in sub. (3) (a) 1m., that is located within 200 yards of the historic building that is subject to the order.

AB1045, s. 7 Section 7. 66.0413 (1) (k) of the statutes is amended to read:

AB1045,8,4 66.0413 (1) (k) Public nuisance procedure. A building which is determined under par. (b) 1. to be old, dilapidated or out of repair and consequently dangerous, unsafe, unsanitary or otherwise unfit for human habitation and unreasonable to repair may be proceeded against as a public nuisance under ch. 823.

AB1045, s. 8 Section 8. 66.0413 (3) (a) 1. of the statutes is renumbered 66.0413 (3) (a) 1f.

AB1045, s. 9 Section 9. 66.0413 (3) (a) 1c. of the statutes is created to read:

AB1045,8,9 66.0413 (3) (a) 1c. "Authority" means a housing authority under subch. XII, a redevelopment authority under s. 66.1333, or a housing and community development authority under s. 66.1335.

AB1045, s. 10 Section 10. 66.0413 (3) (a) 1r. of the statutes is created to read:

AB1045,8,13 66.0413 (3) (a) 1r. "Local governmental unit" means a city, village, town, or county, and includes an authority acting on behalf of or at the direction of a city, village, or town.

AB1045, s. 11 Section 11. 66.0413 (3) (a) 3. of the statutes is created to read:

AB1045,8,17 66.0413 (3) (a) 3. "Resident" means an elector of a municipality or, in the case of a local governmental unit that is an authority, means an elector of the city, village, or town on whose behalf or at whose direction the authority is acting.

AB1045, s. 12 Section 12. 66.0413 (3) (c) of the statutes is repealed and recreated to read: