66.433(6)
(6) Open meetings. All meetings of the commission and its consulting committees shall be publicly held and open to all citizens at all times as required by
subch. V of ch. 19.
66.433(7)
(7) Designation of commissions as cooperating agencies under federal law. 66.433(7)(a)(a) The commission may be the official agency of the municipality to accept assistance under title II of the federal economic opportunity act of 1964. No assistance shall be accepted with respect to any matter to which objection is made by the legislative body creating such commission, but if the commission is established on an intergovernmental basis and such objection is made by any participating legislative body said assistance may be accepted with the approval of a majority of the legislative bodies participating in such commission.
66.433(7)(b)
(b) The commission may be the official agency of the municipality to accept assistance from the community relations service of the U.S. department of justice under title X of the federal civil rights act of 1964 to provide assistance to communities in resolving disputes, disagreements or difficulties relating to discriminatory practices based on sex, race, color or national origin which may impair the rights of persons in the municipality under the constitution or laws of the United States or which affect or may affect interstate commerce.
66.433(8)
(8) Other powers of the county board of supervisors. County boards may appropriate county funds for the operation of community relations-social development commissions established or reconstituted under this section, including those participated in on an equal basis by nonprofit corporations located in the county and comprised primarily of public and private welfare agencies devoted to any of the purposes set forth in this section. The legislature finds that the expenditure of county funds for the establishment or support of such commissions is for a public purpose.
66.433(9)
(9) Intent. It is the intent of this section to promote fair and friendly relations among all the people in this state, and to that end race, creed, sexual orientation or color ought not to be made tests in the matter of the right of any person to sell, lease, occupy or use real estate or to earn a livelihood or to enjoy the equal use of public accommodations and facilities.
66.433(10)
(10) Short title. This section shall be known and may be cited as "The Wisconsin Bill of Human Rights".
66.433 Annotation
Functions of a community relations-social development commission are not limited to study, analysis and planning. A commission has authority to carry out some human relations programs providing services directly to citizens. 63 Atty. Gen. 182.
66.433 Annotation
Vocational, technical and adult education [technical college] districts are subject to city equal employment opportunity ordinances only within the boundaries of the city. 70 Atty. Gen. 226.
66.434
66.434
Community action agencies. A city, village or town may appropriate funds for promoting and assisting any community action agency under
s. 46.30.
66.434 History
History: 1977 c. 29;
1983 a. 27 s.
2200 (20).
66.435(1)(1)
Short title. This section shall be known and may be cited as the "Urban Renewal Act".
66.435(2)
(2) Findings. It is hereby found and declared that there exists in municipalities of the state slum, blighted and deteriorated areas which constitute a serious and growing menace injurious to the public health, safety, morals and welfare of the residents of the state, and the findings and declarations made before August 3, 1955 in
s. 66.43 (2) are in all respects affirmed and restated; that while certain slum, blighted or deteriorated areas, or portions thereof, may require acquisition and clearance, as provided in
s. 66.43, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented, and to the extent feasible salvable slum and blighted areas should be conserved and rehabilitated through voluntary action and the regulatory process; and all acts and purposes provided for by this section are for and constitute public uses and are for and constitute public purposes, and that moneys expended in connection with such powers are declared to be for public purposes and to preserve the public interest, safety, health, morals and welfare. Any municipality in carrying out the provisions of this section shall afford maximum opportunity consistent with the sound needs of the municipality as a whole to the rehabilitation or redevelopment of areas by private enterprise.
66.435(2m)(a)
(a) "Rehabilitation or conservation work" may include any of the following:
66.435(2m)(a)1.
1. Carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements.
66.435(2m)(a)2.
2. Acquisition of real property and demolition, removal or rehabilitation of buildings and improvements thereon where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities.
66.435(2m)(a)3.
3. Installation, construction or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project.
66.435(2m)(a)4.
4. The disposition, for uses in accordance with the objectives of the urban renewal project, of any property or part thereof acquired in the area of the project. The disposition shall be in the manner prescribed in this section for the disposition of property in a redevelopment project area.
66.435(2m)(b)
(b) "Urban renewal project" may include undertakings and activities for the elimination and for the prevention of the development or spread of slums or blighted, deteriorated or deteriorating areas and may involve any work or undertaking for such purpose constituting a redevelopment project or any rehabilitation or conservation work, or any combination of such undertaking or work.
66.435(3)
(3) Urban renewal projects. In addition to its authority under any other section, a municipality is authorized to plan and undertake urban renewal projects.
66.435(4)(a)(a) The governing body of the municipality, or such public officer or public body as it designates, including a housing authority organized and created under
s. 66.40, a redevelopment authority created under
s. 66.431 or a community development authority created under
s. 66.4325, is authorized to prepare a workable program for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight and deterioration, to encourage needed urban rehabilitation, to provide for the redevelopment of blighted, deteriorated or slum areas, or to undertake those activities or other feasible activities that may be suitably employed to achieve the objectives of such a program. The governing body may by resolution or ordinance provide the specific means by which a workable program can be effectuated and may confer upon its officers and employes the power required to carry out a program of rehabilitation and conservation for the restoration and removal of blighted, deteriorated or deteriorating areas. If a municipality finds that there exists in the municipality dwellings or other structures that are unfit for human habitation due to dilapidation, defects that increase the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or other conditions, rendering the dwellings or other structures unsanitary, dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of the municipality, the municipality may enact the resolutions or ordinances that it considers appropriate and effectual in order to prevent those conditions and may require or cause the repair, closing, demolition or removal of the dwellings or other structures. For the purposes of the resolutions or ordinances, a "dwelling" means any building, structure or part of the building or structure that is used and occupied for human habitation or intended to be so used and includes any appurtenances belonging to it or usually enjoyed with it. The term "structure" also includes fences, garages, sheds, and any type of store or commercial, industrial or manufacturing building. The ordinances or resolutions shall require that, if there are reasonable grounds to believe that there has been a violation of the ordinances or resolutions, notice of the alleged violation shall be given to the alleged responsible person by appropriately designated public officers or employes of such municipality. Every such notice shall be in writing; include a description of the real estate sufficient for identification; include a statement of the reason for issuance; specify a time for the performance of any act that the notice requires; and be served upon the alleged responsible person. The notice of violation is properly served on the person if a copy of it is delivered to the person personally; is left at the person's usual place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents of the notice; is sent by registered mail or by certified mail with return receipt requested to the person's last-known address; or, if the registered or certified letter with the copy of the notice is returned showing the letter has not been delivered to the person, by posting a copy of the notice in a conspicuous place in or about the dwelling or other structure affected by the notice. Any person affected by such a notice may request and shall be granted a hearing on the matter before a board or commission established by the governing body of such municipality or before a local health officer. The person shall file in the office of the designated board or commission or the local health officer a written petition requesting the hearing and setting forth a statement of the grounds for it within 20 days after the day the notice was served. Within 10 days after receipt of the petition, the designated board or commission or the local health officer shall set a time and place for the hearing and shall give the petitioner written notice of it. At the hearing the petitioner shall have an opportunity to be heard and to show cause why the notice should be modified or withdrawn. The hearing before the designated board or commission or the local health officer shall be commenced not later than 30 days after the date on which the petition was filed. Upon written application of the petitioner to the designated board or commission or the local health officer, the date of the hearing may be postponed for a reasonable time beyond the 30-day period, if, in the judgment of the board, commission or local health officer, the petitioner has submitted a good and sufficient reason for such postponement. Any notice served under this section shall become an order if a written petition for a hearing is not filed in the office of the designated board or commission or the local health officer within 20 days after such notice is served. The designated board or commission or the local health officer may administer oaths and affirmations in connection with the conduct of any hearing held under this section. After the hearing the designated board or commission or the local health officer shall sustain, modify or cancel the notice, depending upon its findings as to whether the provisions of the resolutions or ordinances have been complied with. The designated board or commission or the local health officer may also modify any notice so as to authorize a variance from the provisions of the resolutions or ordinances when, because of special conditions, enforcement of the provisions of the resolutions or ordinances will result in practical difficulty or unnecessary hardship, if the intent of the resolutions or ordinances will be observed and public health and welfare secured. If the designated board or commission or the local health officer sustains or modifies the notice, the sustained or modified notice is an order, and the persons affected by the order shall comply with all provisions of the order within a reasonable period of time, as determined by the board, commission or local health officer. The proceedings at the hearing, including the findings and decisions of the board, commission or local health officer, shall be reduced to writing and entered as a matter of public record in the office of the board, commission or local health officer. The record shall also include a copy of every notice or order issued in connection with the matter. A copy of the written decision of the board, commission or local health officer shall then be served, in the same manner prescribed for service of notice, on the person who filed the petition for hearing. If the local health officer finds that an emergency exists that requires immediate action to protect the public health, the local health officer may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that action be taken that the local health officer determines is necessary to meet the emergency. This order shall be effective immediately. Any person to whom the order is directed shall comply with it, but shall be afforded a hearing as specified in this section if the person immediately files a written petition with the local health officer requesting the hearing. After the hearing, depending upon the findings of the local health officer as to whether an emergency still exists that requires immediate action to protect the public health, the local health officer shall continue the order in effect or modify or revoke it.
66.435(4)(b)
(b) Any person aggrieved by the determination of any board, commission or local health officer, following review of an order issued under this section, may appeal directly to the circuit court of the county in which the dwelling or other structure is located by filing a petition for review with the clerk of the circuit court within 30 days after a copy of the order of the board, commission or local health officer has been served upon the person. The petition shall state the substance of the order appealed from and the grounds upon which the person believes the order to be improper. A copy of the petition shall be served upon the board, commission or local health officer whose determination is appealed. The copy shall be served personally or by registered or certified mail within the 30-day period provided in this paragraph. A reply or answer shall be filed by the board, commission or local health officer within 15 days after the receipt of the petition. A copy of the written proceedings of the hearing held by the board, commission or local health officer which led to service of the order being appealed shall be included with the reply or answer when filed. If it appears to the court that the petition is filed for purposes of delay, the court shall, upon application of the municipality, promptly dismiss the petition. Either party to the proceedings may then petition the court for an immediate hearing on the order. The court shall review the order and the copy of written proceedings of the hearing conducted by the board, commission or local health officer, shall take testimony that the court determines is appropriate, and, following a hearing upon the order without a jury, shall make its determination. If the court affirms the determination made by the board, commission or local health officer, the court shall fix a time within which the order appealed from shall become operative.
66.435(5)
(5) General powers conferred upon municipalities. The governing body of any municipality shall have and there is hereby expressly conferred upon it all powers necessary and incidental to effect a program of urban renewal, including functions with respect to rehabilitation and conservation for the restoration and removal of blighted, deteriorated or deteriorating areas, and such local governing body is hereby authorized to adopt such resolutions or ordinances as may be required for the purpose of carrying out that program and the objectives and purposes of this section. In connection with the planning, undertaking and financing of the urban renewal program or projects, the governing body of any municipality and all public officers, agencies and bodies shall have all the rights, powers, privileges and immunities which they have with respect to a redevelopment project under
s. 66.43.
66.435(6)
(6) Assistance to urban renewal by municipalities and other public bodies. Any public body is authorized to enter into agreements, which may extend over any period notwithstanding any provision or rule of law to the contrary, with any other public body or bodies respecting action to be taken pursuant to any of the powers granted by this section, including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project.
66.435(7)
(7) Powers herein granted to be supplemental and not in derogation. 66.435(7)(a)(a) Nothing in this section shall be construed to abrogate or impair the powers of the courts or of any department of any municipality to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof.
66.435(7)(b)
(b) Nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
66.435(7)(c)
(c) The powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law; and this section shall be construed liberally to effectuate the purposes hereof and the enumeration therein of specific powers shall not operate to restrict the meaning of any general grant of power contained in this section or to exclude other powers comprehended in such general grant.
66.436 History
History: 1975 c. 105,
311;
1993 a. 300.
66.437
66.437
Towns to have certain city powers. Towns shall have all of the powers of cities under
ss. 66.40 to
66.425,
66.43,
66.431,
66.4325,
66.505 and
66.508, except the powers under
s. 66.40 (10) and any other powers that conflict with statutes relating to towns and town boards.
66.437 History
History: 1993 a. 246.
66.44
66.44
War housing by housing authorities. 66.44(1)(a)(a) Any housing authority established pursuant to
ss. 66.40 to
66.404 may undertake the development or administration or both of projects to provide housing for persons, and their families, engaged or to be engaged in war industries or activities and may do any of the following:
66.44(1)(a)1.
1. Exercise any of its rights, powers, privileges and immunities to aid and cooperate with the federal government, or any agency thereof, in making housing available for persons described in
par. (a) (intro.).
66.44(1)(a)2.
2. Act as agent for the federal government in developing and administering housing for persons described in
par. (a) (intro.).
66.44(1)(a)3.
3. Lease housing for persons described in
par. (a) (intro.) from the federal government, or any agency thereof.
66.44(1)(a)4.
4. Arrange with public bodies and private agencies for services and facilities that may be needed for housing for persons described in
par. (a) (intro.).
66.44(1)(b)
(b) Any housing developed or administered under authority of
par. (a) shall not be subject to
ss. 66.401 (2) and
66.402. Without limiting any existing power, the powers of any public body in the state pursuant to
s. 66.403 may be exercised with respect to housing developed or administered under authority of
par. (a). With the consent, by resolution, of the governing body of any city or county adjacent but outside of the area of operation of a housing authority, the housing authority may exercise its powers under this section within the territorial boundaries of the adjacent city or county.
66.44(2)
(2) Any project of a housing authority, for which the federal government has heretofore made or contracted to make financial assistance available, may be administered to provide housing for persons engaged or to be engaged in war industries or activities.
66.44 History
History: 1995 a. 225.
66.45
66.45
Municipal cooperation; federal rivers, harbors or water resources projects. Any county, town, city or village acting under its powers and in conformity with state law may enter into an agreement with an agency of the federal government to cooperate in the construction, operation or maintenance of any federally authorized rivers, harbors or water resources management or control project or to assume any potential liability appurtenant to such a project and may do all things necessary to consummate the agreement. If such a project will affect more than one municipality, the municipalities affected may jointly enter into such an agreement with an agency of the federal government carrying such terms and provisions concerning the division of costs and responsibilities as may be mutually agreed upon. The municipalities concerned may by agreement submit any determinations of the division of construction costs, responsibilities, or any other liabilities among them to an arbitration board. The determination of such a board shall be final. This section shall not be construed as a grant or delegation of power or authority to any county, town, city, village or other local municipality to do any work in or place any structures in or on any navigable water except as it is otherwise expressly authorized by state law to do.
66.46
66.46
Tax increment law. 66.46(1)(1)
Short title. This section shall be known and may be cited as the "Tax Increment Law".
66.46(2)
(2) Definitions. In this section, unless a different intent clearly appears from the context:
66.46(2)(a)1.a.
a. An area, including a slum area, in which the structures, buildings or improvements, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of these factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime, and is detrimental to the public health, safety, morals or welfare.
66.46(2)(a)1.b.
b. An area which is predominantly open and which consists primarily of an abandoned highway corridor, as defined in
s. 66.431 (2m) (a), or that consists of land upon which buildings or structures have been demolished and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise, substantially impairs or arrests the sound growth of the community.
66.46(2)(a)2.
2. "Blighted area" does not include predominantly open land area that has been developed only for agricultural purposes.
66.46(2)(c)
(c) "Local legislative body" means the common council.
66.46(2)(e)
(e) "Planning commission" means a plan commission created under
s. 62.23, a board of public land commissioners if the city has no plan commission, or a city plan committee of the local legislative body, if the city has neither such a commission nor such a board.
66.46(2)(f)1.1. "Project costs" mean any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the city which are listed in a project plan as costs of public works or improvements within a tax incremental district or, to the extent provided in
subd. 1. k., without the district, plus any costs incidental thereto, diminished by any income, special assessments, or other revenues, including user fees or charges, other than tax increments, received or reasonably expected to be received by the city in connection with the implementation of the plan. For any tax incremental district for which a project plan is approved on or after July 31, 1981, only a proportionate share of the costs permitted under this subdivision may be included as project costs to the extent that they benefit the tax incremental district. To the extent the costs benefit the municipality outside the tax incremental district, a proportionate share of the cost is not a project cost. The project costs include, but are not limited to:
66.46(2)(f)1.a.
a. Capital costs including, but not limited to, the actual costs of the construction of public works or improvements, new buildings, structures, and fixtures; the demolition, alteration, remodeling, repair or reconstruction of existing buildings, structures and fixtures other than the demolition of listed properties as defined in
s. 44.31 (4); the acquisition of equipment to service the district; the removal or containment of, or the restoration of soil or groundwater affected by, environmental pollution; and the clearing and grading of land.
66.46(2)(f)1.b.
b. Financing costs, including, but not limited to, all interest paid to holders of evidences of indebtedness issued to pay for project costs and any premium paid over the principal amount thereof because of the redemption of such obligations prior to maturity.
66.46(2)(f)1.c.
c. Real property assembly costs, meaning any deficit incurred resulting from the sale or lease as lessor by the city of real or personal property within a tax incremental district for consideration which is less than its cost to the city.
66.46(2)(f)1.d.
d. Professional service costs, including, but not limited to, those costs incurred for architectural, planning, engineering, and legal advice and services.
66.46(2)(f)1.e.
e. Imputed administrative costs, including, but not limited to, reasonable charges for the time spent by city employes in connection with the implementation of a project plan.
66.46(2)(f)1.f.
f. Relocation costs, including, but not limited to, those relocation payments made following condemnation under
ss. 32.19 and
32.195.
66.46(2)(f)1.g.
g. Organizational costs, including, but not limited to, the costs of conducting environmental impact and other studies and the costs of informing the public with respect to the creation of tax incremental districts and the implementation of project plans.
66.46(2)(f)1.h.
h. The amount of any contributions made under
s. 66.431 (13) in connection with the implementation of the project plan.
66.46(2)(f)1.i.
i. Payments made, in the discretion of the local legislative body, which are found to be necessary or convenient to the creation of tax incremental districts or the implementation of project plans.
66.46(2)(f)1.j.
j. That portion of costs related to the construction or alteration of sewerage treatment plants, water treatment plants or other environmental protection devices, storm or sanitary sewer lines, water lines, or amenities on streets or the rebuilding or expansion of streets the construction, alteration, rebuilding or expansion of which is necessitated by the project plan for a district and is within the district.
66.46(2)(f)1.k.
k. That portion of costs related to the construction or alteration of sewerage treatment plants, water treatment plants or other environmental protection devices, storm or sanitary sewer lines, water lines, or amenities on streets outside the district if the construction, alteration, rebuilding or expansion is necessitated by the project plan for a district, and if at the time the construction, alteration, rebuilding or expansion begins there are improvements of the kinds named in this subdivision on the land outside the district in respect to which the costs are to be incurred.
66.46(2)(f)2.
2. Notwithstanding
subd. 1., none of the following may be included as project costs for any tax incremental district for which a project plan is approved on or after July 31, 1981:
66.46(2)(f)2.a.
a. The cost of constructing or expanding administrative buildings, police and fire buildings, libraries, community and recreational buildings and school buildings, unless the administrative buildings, police and fire buildings, libraries and community and recreational buildings were damaged or destroyed before January 1, 1997, by a natural disaster.
66.46(2)(f)2.b.
b. The cost of constructing or expanding any facility, if the city generally finances similar facilities only with utility user fees.
66.46(2)(f)2.c.
c. General government operating expenses, unrelated to the planning or development of a tax incremental district.
66.46(2)(f)3.
3. Notwithstanding
subd. 1., project costs may not include any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the city for newly platted residential development for any tax incremental district for which a project plan is approved after September 30, 1995.
66.46(2)(g)
(g) "Project plan" means the properly approved plan for the development or redevelopment of a tax incremental district, including all properly approved amendments thereto.
66.46(2)(i)
(i) "Tax increment" means that amount obtained by multiplying the total county, city, school and other local general property taxes levied on all taxable property within a tax incremental district in a year by a fraction having as a numerator the value increment for that year in such district and as a denominator that year's equalized value of all taxable property in the district. In any year, a tax increment is "positive" if the value increment is positive; it is "negative" if the value increment is negative.
66.46(2)(j)
(j) "Tax incremental base" means the aggregate value, as equalized by the department of revenue, of all taxable property located within a tax incremental district on the date as of which such district is created, determined as provided in
sub. (5) (b). The base of districts created before October 1, 1980, shall exclude the value of property exempted under
s. 70.111 (17).
66.46(2)(k)
(k) "Tax incremental district" means a contiguous geographic area within a city defined and created by resolution of the local legislative body, consisting solely of whole units of property as are assessed for general property tax purposes, other than railroad rights-of-way, rivers or highways. Railroad rights-of-way, rivers or highways may be included in a tax incremental district only if they are continuously bounded on either side, or on both sides, by whole units of property as are assessed for general property tax purposes which are in the tax incremental district. "Tax incremental district" does not include any area identified as a wetland on a map under
s. 23.32.
66.46(2)(L)
(L) "Taxable property" means all real and personal taxable property located in a tax incremental district.
66.46(2)(m)
(m) "Value increment" means the equalized value of all taxable property in a tax incremental district in any year minus the tax incremental base. In any year "value increment" is positive if the tax incremental base is less than the aggregate value of taxable property as equalized by the department of revenue; it is negative if that base exceeds that aggregate value.
66.46(3)
(3) Powers of cities. In addition to any other powers conferred by law, a city may exercise any powers necessary and convenient to carry out the purposes of this section, including the power to:
66.46(3)(a)
(a) Create tax incremental districts and to define the boundaries of such districts;
66.46(3)(b)
(b) Cause project plans to be prepared, to approve such plans, and to implement the provisions and effectuate the purposes of such plans;
