66.1009 Note
NOTE:
Section 1 of 85 Act 136 is entitled "Findings and purpose".
66.1011
66.1011
Local equal opportunities. 66.1011(1)
(1)
Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, physical condition, disability as defined in
s. 106.50 (1m) (g), sexual orientation as defined in
s. 111.32 (13m), religion, national origin, marital status, family status as defined in
s. 106.50 (1m) (k), lawful source of income, age or ancestry is a matter both of statewide concern under
ss. 101.132 and
106.50 and also of local interest under this section and
s. 66.0125. The enactment of
ss. 101.132 and
106.50 by the legislature does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and does not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances which prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.
66.1011(1m)(e)
(e) "Political subdivision" means a city, village, town or county.
66.1011(2)
(2) Antidiscrimination housing ordinances. Political subdivisions may enact ordinances prohibiting discrimination in housing within their respective boundaries solely on the basis of an individual being a member of a protected class. An ordinance may be similar to
ss. 101.132 and
106.50 or may be more inclusive in its terms or in respect to the different types of housing subject to its provisions. An ordinance establishing a forfeiture as a penalty for violation may not be for an amount that is less than the statutory forfeitures under
s. 106.50 (6) (h). An ordinance may permit a complainant, aggrieved person or respondent to elect to remove the action to circuit court after a finding has been made that there is reasonable cause to believe that a violation of the ordinance has occurred. An ordinance may authorize the political subdivision, at any time after a complaint has been filed alleging an ordinance violation, to file a complaint in circuit court seeking a temporary injunction or restraining order pending final disposition of the complaint.
66.1011(3)
(3) Contingency restriction. No political subdivision may enact an ordinance under
sub. (2) that contains a provision making its effective date or the operation of any of its provisions contingent on the enactment of an ordinance on the same or similar subject matter by one or more other political subdivisions.
66.1011 Note
NOTE: 1991 Wis. Act 295, which affected this section, contains extensive legislative council notes.
66.1011 Annotation
An ordinance provision banning discrimination against "cohabitants" was outside the authority of sub. (2) and was invalid. County of Dane v. Norman,
174 Wis. 2d 683,
497 N.W.2d 714 (1993).
66.1013
66.1013
Urban homestead programs. 66.1013(1)
(1)
Program established. In this section "governing body" means a county board, city council, village board or town board that establishes a program under this section and "property" means any property used principally for dwelling purposes that contains no more than 2 dwelling units and that is owned by a governing body. Any county board, city council, village board or town board may establish an urban homestead program. A program established by a county board under this section applies only to those unincorporated areas of the county in which no program exists. The program shall consist of the conveyance of property at cost under conditions set by the governing body and under the requirements of this section, to any individual or household satisfying eligibility requirements established by the governing body. The governing body may appropriate money for the administration of the program and may take any other action considered advisable or necessary to promote the program, including, but not limited to, the following:
66.1013(1)(a)
(a) Acquisition under
ch. 75 of any property which would be eligible for conveyance under the program.
66.1013(1)(b)
(b) Acquisition of any other property which would be eligible for conveyance under this program and that is declared unfit for human habitation by any housing code enforcement agency with jurisdiction over the property or that is found to be in substantial noncompliance with local housing codes.
66.1013(2)
(2) Conditions of conveyance. As a condition of the conveyance of the property under
sub. (1), the governing body shall require that:
66.1013(2)(a)
(a) The property be rehabilitated so that it satisfies all housing-related requirements of applicable law, including, but not limited to, building, plumbing, electrical and fire prevention codes, within a specific period, not to exceed 2 years, after the conveyance.
66.1013(2)(b)
(b) The person to whom the property is conveyed live on the premises for a specified period, which may not be less than 3 years.
66.1013(2)(c)
(c) The legal title to and ownership of any property conditionally conveyed under this section remain in the governing body until quitclaim deed to the property is conveyed to the individual or household under this subsection. The instrument of a conditional conveyance of property under this subsection shall contain the provision of this paragraph.
66.1013(2m)
(2m) Eligibility. The governing body may establish reasonable eligibility criteria and other conditions and requirements necessary to ensure that the purposes of a program under this section are carried out.
66.1013(3)
(3) Transfer of title. If an individual or household has resided on property conveyed under this section for the period of time required under
sub. (2) and has rehabilitated and maintained and otherwise complied with the terms of the conditional conveyance under
subs. (2) and
(2m) throughout the period, the governing body shall convey to the individual or household, by quitclaim deed, all of the body's reversionary interests in the property.
66.1013(4)
(4) Mortgages. If an individual or household obtains a mortgage from a lending institution and uses the proceeds of the mortgage solely for the purposes of rehabilitating or constructing the premises or property under this section, the governing body shall agree to subjugate its rights to the premises or property in case of default, and shall agree that in such case it will execute and deliver a deed conveying title in fee simple to the institution, provided that the institution shall dispose of the property in like manner as foreclosed real estate and shall pay over any part of the proceeds of the disposition as shall exceed the amount remaining to be paid on account of the mortgage together with the actual cost of the sale, to the governing body. In return for relinquishing such rights, the governing body shall be given by the lending institution the opportunity to find, within 90 days of the default, another individual or household to assume the mortgage obligation.
66.1013 History
History: 1981 c. 231; Stats. 1981 s. 66.91;
1981 c. 391 s.
80; Stats. 1981 s. 66.925;
1987 a. 378;
1993 a. 246;
1999 a. 150 s.
602; Stats. 1999 s. 66.1013.
66.1013 Note
NOTE: Chapter 231, laws of 1981, section
2, which created this section, contains legislative "findings and purpose" in section 1.
66.1015
66.1015
Municipal rent control prohibited. 66.1015(1)
(1) No city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit.
66.1015(2)
(2) This section does not prohibit a city, village, town, county, or housing authority or the Wisconsin Housing and Economic Development Authority from doing any of the following:
66.1015(2)(a)
(a) Entering into a rental agreement which regulates rent or fees charged for the use of a residential rental dwelling unit it owns or operates.
66.1015(2)(b)
(b) Entering into an agreement with a private person who regulates rent or fees charged for a residential rental dwelling unit.
66.1015 History
History: 1991 a. 39;
1999 a. 150 s.
377; Stats. 1999 s. 66.1015;
2001 a. 104.
66.1017
66.1017
Family day care homes. 66.1017(1)(a)
(a) "Family day care home" means a dwelling licensed as a day care center by the department of health and family services under
s. 48.65 where care is provided for not more than 8 children.
66.1017(1)(b)
(b) "Municipality" means a county, city, village or town.
66.1017(2)
(2) No municipality may prevent a family day care home from being located in a zoned district in which a single-family residence is a permitted use. No municipality may establish standards or requirements for family day care homes different from the licensing standards established under
s. 48.65. This subsection does not prevent a municipality from applying to a family day care home the zoning regulations applicable to other dwellings in the zoning district in which it is located.
66.1017 History
History: 1983 a. 193;
1995 a. 27 s.
9126 (19);
1999 a. 150 s.
361; Stats. 1999 s. 66.1017.
66.1019
66.1019
Housing codes to conform to state law. 66.1019(1)(1)
One- and 2-family dwelling code. Ordinances enacted by any county, city, village or town relating to the construction and inspection of one- and 2-family dwellings shall conform to
subch. II of ch. 101.
66.1019(2)
(2) Manufactured building code. Ordinances enacted by any county, city, village or town relating to the on-site inspection of the installation of manufactured buildings shall conform to
subch. III of ch. 101.
66.1019(3)(a)(a) Except as provided in
par. (b), any ordinance enacted by a county, city, village or town relating to the construction or inspection of multifamily dwellings, as defined in
s. 101.971 (2), shall conform to
subch. VI of ch. 101 and
s. 101.02 (7m).
66.1019(3)(b)
(b) If a county, city, village or town has a preexisting stricter sprinkler ordinance, as defined in
s. 101.975 (3) (a), that ordinance remains in effect and the county, city, village or town may take any action with regard to that ordinance that a political subdivision may take under
s. 101.975 (3) (b).
66.1019 History
History: 1999 a. 150 ss.
266,
358 to
360; Stats. 1999 s. 66.1019.
66.1021
66.1021
City, village and town transit commissions. 66.1021(1)(1) A city, village or town may enact an ordinance for the establishment, maintenance and operation of a comprehensive unified local transportation system, the major portion of which is located within, or the major portion of the service of which is supplied to the inhabitants of, the city, village or town, and which system is used for the transportation of persons or freight.
66.1021(2)
(2) The transit commission shall be designated "Transit Commission" preceded by the name of the enacting city, village or town.
66.1021(3)(a)
(a) "Comprehensive unified local transportation system" means a transportation system comprised of motor bus lines and any other local public transportation facilities or freight transportation facilities, the major portions of which are within the city, village or town.
66.1021(3)(b)
(b) "Transit commission" or "commission" means the local transit commission created under this section.
66.1021(4)
(4) The transit commission shall consist of not less than 3 members to be appointed by the mayor or village board or town board chairperson and approved by the common council or village or town board, one of whom shall be designated as chairperson.
66.1021(5)(a)(a) The first members of the transit commission shall be appointed for staggered 3-year terms. The term of office of each member appointed after the first members of the transit commission shall be 3 years.
66.1021(5)(c)
(c) No person holding stocks or bonds in any corporation subject to the jurisdiction of the transit commission, or who is in any other manner pecuniarily interested in any such corporation, may be a member of nor be employed by the transit commission.
66.1021(6)
(6) The transit commission may appoint a secretary and employ accountants, engineers, experts, inspectors, clerks and other employees and fix their compensation, and purchase furniture, stationery and other supplies and materials, that are reasonably necessary to enable it to perform its duties and exercise its powers.
66.1021(7)(a)(a) The transit commission may conduct hearings and may adopt rules relative to the calling, holding and conduct of its meetings, the transaction of its business, the regulation and control of its agents and employees, the filing of complaints and petitions and the service of notices.
66.1021(7)(b)
(b) For the purpose of receiving, considering and acting upon any complaints or applications that may be presented to it or for the purpose of conducting investigations or hearings on its own motion the transit commission shall hold regular meetings at least once a week except in the months of July and August and special meetings on the call of the chairperson or at the request of the common council or village or town board.
66.1021(7)(c)
(c) The transit commission may adopt a seal, of which judicial notice shall be taken in all courts. Any process, writ, notice or other instrument that the commission may be authorized by law to issue shall be considered sufficient if signed by the secretary of the commission and authenticated by the commission's seal. All acts, orders, decisions, rules and records of the commission, and all reports, schedules and documents filed with the commission may be proved in any court by a copy of the documents that is certified by the secretary under the seal of the commission.
66.1021(8)
(8) Except as otherwise provided in this subsection, the jurisdiction, powers and duties of the transit commission shall extend to the comprehensive unified local transportation system for which the commission is established including any portion of the system extending into adjacent or suburban territory that is outside of the city, village or town not more than 30 miles from the nearest point marking the corporate limits of the city, village or town. The jurisdiction, powers and duties of a transit commission providing rail service shall extend to the comprehensive unified local rail transportation system for which the commission is established including any portion of the system that extends into adjacent or suburban territory that is outside of the city, village or town and in an adjoining state whose laws permit, subject to the laws of that state but subject to the laws of this state in all matters relating to rail service.
66.1021(9)
(9) The initial acquisition of the properties for the establishment of, and to comprise, the comprehensive unified local transportation system is subject to
s. 66.0803 or
ch. 197.
66.1021(10)(a)(a) Any city, village, town or federally recognized Indian tribe or band may by contract under
s. 66.0301 establish a joint municipal transit commission with the powers and duties of city, village or town transit commissions under this section. Membership on the joint transit commission shall be as provided in the contract established under
s. 66.0301.
66.1021(10)(b)
(b) Notwithstanding any other provision of this section, no joint municipal transit commission under
par. (a) may provide service outside the corporate limits of the parties to the contract under
s. 66.0301 which establish the joint municipal transit commission unless the joint municipal transit commission receives financial support for the service under a contract with a public or private organization for the service. This paragraph does not apply to service provided by a joint municipal transit commission outside the corporate limits of the parties to the contract under
s. 66.0301 which establish the joint municipal transit commission if the joint municipal transit commission is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue the service.
66.1021(11)(a)(a) In lieu of providing transportation services, a city, village or town may contract with a private organization for the services.
66.1021(11)(b)
(b) Notwithstanding any other provision of this section, no municipality may contract with a private organization to provide service outside the corporate limits of the municipality unless the municipality receives financial support for the service under a contract with a public or other private organization for the service. This paragraph does not apply to service provided under
par. (a) outside the corporate limits of a municipality if a private organization is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and the municipality elects to continue the service.
66.1021(12)
(12) Notwithstanding any other provision of this section, no transit commission may provide service outside the corporate limits of the city which establishes the transit commission unless the transit commission receives financial support for the service under a contract with a public or private organization for the service. This subsection does not apply to service provided by a transit commission outside the corporate limits of the city which establishes the transit commission if the transit commission is providing the service on April 28, 1994, without receiving financial support from a public or private organization for the service, and elects to continue the service.
66.1023
66.1023
Transit employees; Wisconsin retirement system. 66.1023(1)(a)(a) This subsection applies to all affected employees of a transportation system which is acquired, after June 29, 1975, but prior to January 1, 1982, by a city, a city transit commission or a metropolitan transit authority which is a participating employer in the Wisconsin retirement fund.
66.1023(1)(b)
(b) Within 60 days after May 19, 1978, or within 60 days after a system is acquired by a city, a city transit commission or a metropolitan transit authority, whichever is later, an election shall be conducted by the department of employee trust funds under procedures adopted by the department of employee trust funds. If all of the affected employees of the transportation system who are members of a retirement system established by the previous employer vote to be included within the Wisconsin retirement fund, prior to January 1, 1982, or the Wisconsin retirement system, after that date, rather than their present retirement system, their eligibility for participation within the Wisconsin retirement system shall be computed from the date of acquisition.
66.1023(1)(c)
(c) Notwithstanding any other law, no city, city transit commission or metropolitan transit authority may be required to contribute to more than one retirement fund for an affected employee.
66.1023(2)(a)(a) Notwithstanding any other law pension benefits, rights and obligations of persons who are employed by a transportation system on the date of its acquisition by a participating employer in the Wisconsin retirement system shall be determined under
pars. (b) and
(c) if the date of acquisition is on or after January 1, 1982.
66.1023(2)(b)
(b) Participating employers who acquire a transportation system on or after January 1, 1982 may elect to permit the employees of the transportation system on the date of acquisition to elect to continue participation under a retirement plan which has been established for those employees prior to the acquisition, rather than to participate in the Wisconsin retirement system. An employee who elects to continue participation in the prior established retirement plan is included under the Wisconsin retirement system as a participating employee but no contributions shall be made to the Wisconsin retirement system, and the employee is not eligible for any benefits from the system for service as an employee of the transportation system. If an affected employee does not elect to continue participation in the previously established retirement plan the employee is a participant in the Wisconsin retirement system from the date of acquisition and employer and employee contributions are required commencing with that date. The government entity acquiring the transportation system is not required to contribute, directly or indirectly, to the Wisconsin retirement system and also to another retirement plan for the employee.
66.1023(2)(c)
(c) An employee may elect to continue under a previously established retirement plan as provided by
par. (b) only if the participating employer in the Wisconsin retirement system which acquired the transportation system files with the department of employee trust funds within 60 days after the date of acquisition notice of election to make the option available. An employee who does not elect under
par. (b), according to the procedures established by the department of employee trust funds, to continue participation under a previously established retirement plan within 60 days after the employer's notice is filed is a participant in the Wisconsin retirement system.
66.1023(3)
(3) A person who commences employment on or after January 1, 1982 or the date of acquisition, whichever is later, with a transportation system which has been acquired by a participating employer in the Wisconsin retirement system is, if otherwise eligible under the Wisconsin retirement system, a participating employee under that system.
66.1023 History
History: 1977 c. 418;
1981 c. 96;
1999 a. 150 s.
607; Stats. 1999 s. 66.1023.
66.1024
66.1024
Effect of reservation or exception in conveyance. Whenever an executed and recorded deed, land contract, or mortgage of lands abutting on an existing public street, highway, or alley or a projected extension thereof contains language reserving or excepting certain lands for street, highway, or alley purposes, the reservation or exception shall constitute a dedication for such purpose to the public body having jurisdiction over the highway, street, alley, or projected extension thereof, unless the language of the reservation or exception plainly indicates an intent to create a private way. Any reservation or exception shall not be effective until it is accepted by a resolution of the governing body having jurisdiction over such street, highway, alley, or projected extension thereof.
66.1024 History
History: 2003 a. 214 s.
27.
66.1024 Note
NOTE: 2003 Wis. Act 214, which created this section, contains extensive explanatory notes.
66.1025
66.1025
Relief from conditions of gifts and dedications. 66.1025(1)(1) If the governing body of a county, city, town or village accepts a gift or dedication of land made on condition that the land be devoted to a special purpose, and the condition subsequently becomes impossible or impracticable, the governing body may by resolution or ordinance enacted by a two-thirds vote of its members-elect either to grant the land back to the donor or dedicator or the heirs of the donor or dedicator, or accept from the donor or dedicator or the heirs of the donor or dedicator, a grant relieving the county, city, town or village of the condition, pursuant to
article XI, section 3a, of the constitution.
66.1025(2)(a)(a) If the donor or dedicator of land to a county, city, town or village or the heirs of the donor or dedicator are unknown or cannot be found, the resolution or ordinance described under
sub. (1) may provide for the commencement of an action under this section for the purpose of relieving the county, city, town or village of the condition of the gift or dedication.
