66.05(1m)(c)
(c) Acts of municipal authorities under this section shall not increase the liability of an insurer.
66.05(1m)(d)
(d) If a raze order issued under
par. (a) 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.
66.05(2)(a)(a) If the owner fails or refuses to comply within the time prescribed, the 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 through any available public agency or by contract or arrangement with private persons, or closed 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 may be charged in full or in part against the real estate upon which such building is located, and if that cost is so charged it is a lien upon such 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. When any building has been ordered razed and removed and an order has been issued to restore the site to a dust-free and erosion-free condition, the governing body or other designated officer under said contract or arrangement aforesaid may sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such razing, removal and restoration of the site to a dust-free and erosion-free condition, shall be promptly remitted to the circuit court with a report of such sale or transaction, including the items of expense and the amounts deducted, for the use of the person who may be entitled thereto, 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.
66.05(2)(b)
(b) Any municipality, 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 building or part thereof issued under this section 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 to vacate the premises, or any combination of the court orders. Hearing on such actions shall be given preference. Costs shall be in the discretion of the court.
66.05(2)(c)
(c) Any person who rents, leases or occupies a building which has been condemned for human habitation, occupancy or use shall be fined not less than $5 nor more than $50 or imprisoned not more than 30 days for each week of such violation, or both.
66.05(3)
(3) Anyone affected by any such order shall within the time provided by
s. 893.76 apply to the circuit court for an order restraining the 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 order of the inspector of buildings is reasonable, and if found reasonable the court shall dissolve the restraining order, and if found not reasonable the court shall continue the restraining order or modify it as the circumstances require. Costs shall be in the discretion of the court. If the court finds that the order of the inspector of buildings is unreasonable, the inspector of buildings or other designated officer shall issue no other order under this section in regard to the same building or part thereof until its condition is substantially changed. The remedies provided in this subsection are exclusive remedies and anyone affected by such an order of the inspector shall not be entitled to recover any damages for the razing and removal of any such building and the restoration of the site to a dust-free and erosion-free condition.
66.05(5)
(5) If any 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 contains personal property or fixtures which will unreasonably interfere with the razing or repair of such 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 personal property or fixtures the inspector of buildings or other designated officer may order in writing the removal of such personal property or fixtures by a certain date. Such order shall be served as provided in
sub. (1m). 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 the property is stored the amount paid for storage shall be a lien against such 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, if known, shall be notified of the place of its storage and if it be 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 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) and a report made to the circuit court as therein specified. Anyone affected by any order made under this subsection may appeal as provided in
sub. (3).
66.05(5m)
(5m) This section shall not limit powers otherwise granted to municipalities by other laws of this state.
66.05(6)
(6) In any town, city or village in any county having a population of 500,000 or more no excavation for building purposes, whether or not completed, shall be left open for more than 6 months without proceeding with the erection of a building thereon. In the event any such excavation remains open for more than 6 months, the inspector of buildings or other designated officer in such 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). If the owner of the land fails to comply with the order within 15 days after service thereof upon the owner, the inspector of buildings or other designated officer shall cause 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 to orders issued under this subsection. This shall not be construed to impair the authority of any city or village to enact ordinances in this field.
66.05(8)(a)(a) In this subsection "building" means a building, dwelling or structure.
66.05(8)(am)
(am) Whenever an owner of any building in any 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, the building inspector or other designated officer of such city, village or town shall issue a written notice respecting the existence of such defect; such written notice shall be served on the owner of such building as set forth in
sub. (1m) (a) and shall direct the owner of such building to promptly remedy the defect within 30 days following the service of such notice.
66.05(8)(b)1.1. 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) 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 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 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 owner shall have 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 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). 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).
66.05(8)(b)2.
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 upon them.
66.05(8)(b)3.
3. It shall 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 the date the action was commenced or thereafter if a lis pendens was filed before the change of ownership.
66.05(8)(bg)
(bg) If the order of the circuit court under
par. (b) is not complied with within the time fixed by the court under
par. (b), 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:
66.05(8)(bg)1.
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 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 value of the property plus the cost of any repairs made under this subdivision. The selling owner shall be liable for such costs.
66.05(8)(bg)2.
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 the building to be reoccupied in a legal manner.
66.05(8)(bm)1.1. Any receiver appointed under
par. (bg) 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) 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.
66.05(8)(bm)2.
2. The circuit court shall set the fees and bond of a receiver appointed under
par. (bg) and may discharge the receiver as the court deems appropriate.
66.05(8)(bm)3.
3. Nothing in this subsection relieves the owner of any property for which a receiver has been appointed under
par. (bg) from any civil or criminal responsibility or liability except that the receiver shall have civil and criminal responsibility and liability for all matters and acts directly under the receiver's authority or performed at his or her discretion.
66.05(8)(bm)4.
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), 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.
66.05(8)(bm)5.
5. All costs and disbursements with respect to razing, removing and restoration of the site under this subsection shall be as provided for under
sub. (2) (a).
66.05(8)(d)
(d) Any building, which under
par. (am) either as a result of vandalism or for any other reason is permitted 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 the building are either damaged, destroyed or removed so that the building offends the aesthetic character of the immediate neighborhood and produces blight or deterioration by reason of such condition, is a public nuisance.
66.05(9)(a)1.
1. "Cost of repairs" includes the estimated cost of repairs that are necessary to comply with applicable building codes, or other ordinances or regulations, governing the repair or renovation of a historic building.
66.05(9)(a)1m.
1m. "Historic building" means any building or object listed on, or any building or object within and contributing to a historic district listed on, the national register of historic places in Wisconsin, the state register of historic places or a list of historic places maintained by a municipality.
66.05(9)(a)2.
2. "Municipality" means a city, village, county or town.
66.05(9)(b)
(b) The state historical society shall notify a municipality of any historic building located in the municipality. If a historic district lies within a municipality, the historical society shall furnish to the municipality a map delineating the boundaries of the district.
66.05(9)(c)
(c) If an order is issued under this section to raze and remove a historic building and restore the site to a dust-free and erosion-free condition, an application is made for a permit to raze and remove a historic building and restore the site to a dust-free and erosion-free condition or a municipality intends to raze and remove a municipally owned historic building and restore the site to a dust-free and erosion-free condition, the municipality in which the historic building is located shall notify the state historical society of the order, application or intent. No historic building may be razed and removed nor the site restored to a dust-free and erosion-free condition for 30 days after the notice is given. During the 30-day period, the state historical society shall have access to the historic building to create or preserve a historic record.
66.05(9)(d)
(d) If a municipal governing body, inspector of buildings or designated officer determines that the cost of repairs to a historic building would be less than 85% of the assessed value of 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 the historic building is located, such repairs shall be presumed reasonable.
66.05(10)(a)(a) First class cities may adopt by ordinance alternate or additional provisions governing the placarding, closing, razing and removal of a building and the restoration of the site to a dust-free and erosion-free condition.
66.05(10)(b)
(b) This subsection shall be liberally construed to provide 1st class cities with the largest possible power and leeway of action.
66.05 Annotation
The 30-day time limitation within which an owner may apply to the circuit court for an order restraining a municipality from razing a building applicable to sub. (3), calls for an application to the court within the 30-day period. Service of the application or resultant order need not be made within that period although a hearing on the merits of the controversy must be held within 20 days. Berkoff v. Dept. of Building Inspection, 47 W (2d) 215, 177 NW (2d) 142.
66.05 Annotation
The owner has no option to repair buildings ordered razed where the cost of repair would be unreasonable, i.e., exceeding 50% of value. Appleton v. Brunschweiler, 52 W (2d) 303, 190 NW (2d) 545.
66.05 Annotation
The statute only creates a presumption that repairs in excess of 50% are unreasonable but the property owner has the burden to show that presumption is unreasonable in the particular case. Posnanski v. City of West Allis, 61 W (2d) 461, 213 NW (2d) 51.
66.05 Annotation
The trial court exceeded its authority in modifying a building inspector's order to raze a building by instead ordering repairs necessary to make the building fit for human habitation where the public had no access to building. Donley v. Boettcher, 79 W (2d) 393, 255 NW (2d) 574.
66.05 Annotation
Persons affected by a razing order have an exclusive remedy under sub. (3). Gehr v. Sheboygan, 81 W (2d) 117, 260 NW (2d) 30.
66.05 Annotation
A city was properly held in contempt for razing a building protected by a foreclosure judgment. Mohr v. Milwaukee, 106 W (2d) 80, 315 NW (2d) 504 (1982).
66.05 Annotation
A land contract vendor is not an owner of real estate under this section. City of Milwaukee v. Greenberg, 163 W (2d) 28, 471 NW (2d) 33 (1991).
66.05 Annotation
There was no constitutional "taking" where tenants were ordered to vacate temporarily their uninhabitable dwelling to permit repairs pursuant to the housing code. Devines v. Maier, 728 F (2d) 876 (1984).
66.051
66.051
Power of municipalities to prohibit criminal conduct. 66.051(1)(1) The board or council of any town, village or city may:
66.051(1)(a)
(a) Prohibit all forms of gambling and fraudulent devices and practices;
66.051(1)(b)
(b) Cause the seizure of anything devised solely for gambling or found in actual use for gambling and cause the destruction of any such thing after a judicial determination that it was used solely for gambling or found in actual use for gambling;
66.051(1)(bm)
(bm) Enact and enforce an ordinance to prohibit the possession of 25 grams or less of marijuana, as defined in
s. 961.01 (14), subject to the exceptions in
s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the ordinance; except that any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, in this state shall not be prosecuted under this paragraph; and
66.051(2)
(2) Except as provided in
sub. (3), nothing in this section may be construed to preclude cities, villages and towns from prohibiting conduct which is the same as or similar to that prohibited by
chs. 941 to
948.
66.051(3)
(3) The board or council of a city, village or town may not, by ordinance, prohibit conduct which is the same as or similar to conduct prohibited by
s. 944.21.
66.052
66.052
Offensive industry. 66.052(1)(1) Any common council or village board may direct the location, management and construction of, and license, regulate or prohibit any industry, thing or place where any nauseous, offensive or unwholesome business is carried on, that is within the city or village or within 4 miles of the boundaries of the city or village, except that the Milwaukee, Menominee and Kinnickinnic rivers with their branches to the outer limits of the county of Milwaukee, and all canals connecting with said rivers, together with the lands adjacent to said rivers and canals or within 100 yards of them, are deemed to be within the jurisdiction of the city of Milwaukee. Any town board shall have the same powers as are provided in this section for cities and villages, as to the area within the town that is not licensed, regulated or prohibited by any city or village under this section. Any business that is conducted in violation of any city, village or town ordinance that is authorized to be enacted under this section is a public nuisance. An action for the abatement or removal of the business or to obtain an injunction to prevent operation of the business may be brought and maintained by the common council or village or town board in the name of this state on the relation of such city, village or town as provided in
ss. 823.01,
823.02 and
823.07, or as provided in
s. 254.58.
Section 97.42 may not limit the powers granted by this section.
Section 95.72 may not limit the powers granted by this section to cities or villages but powers granted to towns by this section are limited by
s. 95.72 and by any orders and rules promulgated under
s. 95.72.
66.052(2)
(2) Any city or village may, subject to the approval of the town board of such town, by ordinance enact reasonable regulations governing areas where refuse, rubbish, ashes or garbage shall be dumped or accumulated in any town within one mile of the corporate limits of such city or village, so as to prevent nuisance.
66.052 History
History: 1973 c. 206; Sup. Ct. Order, 67 W (2d) 585, 774 (1975);
1993 a. 27.
66.052 Annotation
The social and economic roots of judge-made air pollution policy in Wisconsin. Laitos, 58 MLR 465.
66.053
66.053
Licenses for nonintoxicating and soda water beverages. 66.053(1)(a)(a) Each town board, village board and common council shall grant licenses to such persons as they deem proper for the sale of beverages containing less than one-half of one per centum of alcohol by volume to be consumed on the premises where sold and to manufacturers, wholesalers, retailers and distributors of such beverages, for which a license fee of not less than $5 nor more than $50, to be fixed by the board or council, shall be paid, except that where such beverages are sold, not to be consumed on the premises, the license fee shall be $5. Such license shall be issued by the town, village or city clerk, shall designate the specific premises for which granted and shall expire the thirtieth day of June thereafter. The full license fee shall be charged for the whole or a fraction of the year. No such beverages shall be manufactured, sold at wholesale or retail or sold for consumption on the premises, or kept for sale at wholesale or retail, or for consumption on the premises where sold without such license.
66.053(1)(am)
(am) In case of removal of the place of business from the premises designated in the license to another location in the town, village or city within the license period, the licensee shall give notice of such change of location, and the license shall be amended accordingly without payment of additional fee. No such license, however, shall be transferable from one person to another.
66.053(1)(b)
(b) No license or permit may be granted to any person, unless to a domestic corporation or domestic limited liability company, not a resident of this state and of the town, village or city in which the license is applied for, nor, subject to
ss. 111.321,
111.322 and
111.335, to any person who has been convicted of a felony, unless the person has been restored to civil rights.
66.053(1)(c)
(c) Each town board, village board and common council shall have authority by resolution or ordinance to adopt such regulations as it may deem reasonable and necessary regarding the location of licensed premises, the conduct thereof, the sale of beverages containing less than one-half of one per centum of alcohol by volume and the revocation of any license or permit.
66.053(2)
(2) Soda water beverages. Each town board, village board and common council of any city may grant licenses to such persons as they deem proper for the sale of soda water beverages, as defined in
s. 97.34, to be consumed on or off the premises where sold. Such license fee shall be fixed by such governing body of such city, village or town but shall not exceed $5. The license shall be issued by the town, city or village clerk, shall designate the specific premises for which granted and shall expire on the thirtieth day of June thereafter. Each such governing body shall have authority by resolution or ordinance to adopt such regulations as it may deem reasonable and necessary regarding the location of licensed premises, the conduct thereof and the revocation of any such license.
66.057
66.057
Minimum acreage of cemeteries. A city, village or town may enact and enforce an ordinance that does any of the following:
66.057(1)
(1) Allows a cemetery consisting of less than the minimum acreage specified in
s. 157.128 (1) to be dedicated, as defined in
s. 157.061 (4), in that city, village or town.
66.057(2)
(2) Allows a person to establish and use a public mausoleum in a cemetery consisting of less than the minimum acreage specified in
s. 157.12 (2) (c).
66.057 History
History: 1991 a. 269.
66.058
66.058
Mobile home parks. 66.058(1)(1)
Definitions. For the purposes of this section:
66.058(1)(a)
(a) "Dependent mobile home" means a mobile home which does not have complete bathroom facilities.
66.058(1)(b)
(b) "Licensee" means any person licensed to operate and maintain a mobile home park under this section.
66.058(1)(c)
(c) "Licensing authority" means the city, town or village wherein a mobile home park is located.
66.058(1)(d)
(d) "Mobile home" is that which is, or was as originally constructed, designed to be transported by any motor vehicle upon a public highway and designed, equipped and used primarily for sleeping, eating and living quarters, or is intended to be so used; and includes any additions, attachments, annexes, foundations and appurtenances.
66.058(1)(e)
(e) "Mobile home park" means any plot or plots of ground upon which 2 or more units, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodation.
66.058(1)(f)
(f) "Nondependent mobile home" means a mobile home equipped with complete bath and toilet facilities, all furniture, cooking, heating, appliances and complete year round facilities.
66.058(1)(h)
(h) "Person" means any natural individual, firm, trust, partnership, association, corporation or limited liability company.
66.058(1)(i)
(i) "Space" means a plot of ground within a mobile home park, designed for the accommodation of one mobile home unit.
66.058(2)
(2) License and revocation or suspension thereof. 66.058(2)(a)(a) It shall be unlawful for any person to maintain or operate within the limits of any city, town or village, any mobile home park unless such person shall first obtain from the city, town or village a license therefor. All such parks in existence on August 9, 1953 shall within 90 days thereafter, obtain such license, and in all other respects comply fully with the requirements of this section except that the licensing authority shall upon application of a park operator, waive such requirements that require prohibitive reconstruction costs if such waiver does not affect sanitation requirements of the city, town or village or create or permit to continue any hazard to the welfare and health of the community and the occupants of the park.
66.058(2)(b)
(b) In order to protect and promote the public health, morals and welfare and to equitably defray the cost of municipal and educational services required by persons and families using or occupying trailers, mobile homes, trailer camps or mobile home parks for living, dwelling or sleeping purposes, each city council, village board and town board may establish and enforce by ordinance reasonable standards and regulations for every trailer and trailer camp and every mobile home and mobile home park; require an annual license fee to operate the same and levy and collect special assessments to defray the cost of municipal and educational services furnished to such trailer and trailer camp, or mobile home and mobile home park. They may limit the number of units, trailers or mobile homes that may be parked or kept in any one camp or park, and limit the number of licenses for trailer camps or parks in any common school district, if the mobile housing development would cause the school costs to increase above the state average or if an exceedingly difficult or impossible situation exists with regard to providing adequate and proper sewage disposal in the particular area. The power conferred on cities, villages and towns by this section is in addition to all other grants and shall be deemed limited only by the express language of this section.
66.058(2)(c)
(c) In any town in which the town board enacts an ordinance regulating trailers under the provisions of this section and has also enacted and approved a county zoning ordinance under the provisions of
s. 59.69, the provisions of the ordinance which is most restrictive shall apply with respect to the establishment and operation of any trailer camp in said town.
