66.0413(4)(b)
(b) This subsection shall be liberally construed to provide 1st class cities with the largest possible power and leeway of action.
66.0413 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) [(now (1) (h)], requires 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. Milwaukee Department of Building Inspection & Safety Engineering,
47 Wis. 2d 215,
177 N.W.2d 142 (1970).
66.0413 Annotation
The owner has no option to repair buildings ordered razed when the cost of repair would be unreasonable, i.e., exceeding 50% of value. Appleton v. Brunschweiler,
52 Wis. 2d 303,
190 N.W.2d 545 (1971).
66.0413 Annotation
The statute only creates a presumption that repairs in excess of 50% are unreasonable; the property owner has the burden to show that the presumption is unreasonable in the particular case. Posnanski v. City of West Allis,
61 Wis. 2d 461,
213 N.W.2d 51 (1973).
66.0413 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. Modification of an inspector's order must be made in light of the purpose of protecting the public from unsafe buildings. Donley v. Boettcher,
79 Wis. 2d 393,
255 N.W.2d 574 (1977) .
66.0413 Annotation
Persons affected by a raze order have an exclusive remedy under sub. (3) [now sub. (1) (h)]. Gehr v. Sheboygan,
81 Wis. 2d 117,
260 N.W.2d 30 (1977).
66.0413 Annotation
A city was properly held in contempt for razing a building protected by a foreclosure judgment. Mohr v. Milwaukee,
106 Wis. 2d 80,
315 N.W.2d 504 (1982).
66.0413 Annotation
A land contract vendor is not an owner of real estate under this section. City of Milwaukee v. Greenberg,
163 Wis. 2d 28,
471 N.W.2d 33 (1991).
66.0413 Annotation
The 20-day time limit under sub. (1) (h) is directory rather than mandatory. The trial court shall attempt to hold the hearing within 20 days of the application. If a timely request for judicial substitution is filed that increases the time requirements, the court shall schedule the hearing at the earliest convenient time. Matlin v. City of Sheboygan, 2001 WI App 179,
247 Wis. 2d 270,
634 N.W.2d 115,
00-2389.
66.0413 Annotation
Sub. (1) (h) does not bar a property owner from: 1) asserting claims for torts committed in the carrying out of the raze order that are not premised on the wrongfulness or unreasonableness of the order; 2) challenging the reasonableness of a lien imposed under sub. (1) (f) if one has been imposed; and 3) asserting a claim that salvage and valuable materials have been removed from the real estate for the benefit of the contractor without giving the owner a credit against the charges for the costs of razing and removing under sub. (1) (j). Smith v. Williams, 2001 WI App 285,
249 Wis. 2d 419,
638 N.W.2d 635,
00-3399.
66.0413 Annotation
There was no constitutional "taking" when tenants were ordered to temporarily vacate their uninhabitable dwelling to permit repairs pursuant to the housing code. Devines v. Maier,
728 F.2d 876 (1984).
66.0415
66.0415
Offensive industry. 66.0415(1)(1) The common council of a city 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 these rivers, together with the lands adjacent to these rivers and canals or within 100 yards of them, are within the jurisdiction of the city of Milwaukee. A town board has 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 a city or village under this section. A business that is conducted in violation of a city, village or town ordinance that is authorized under this section is a public nuisance. An action for the abatement or removal of the business or 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 the 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 does not limit the powers granted by this section.
Section 95.72 does 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.
66.0415(2)
(2) To prevent nuisance, a city or village may, subject to the approval of the appropriate town board, by ordinance enact reasonable regulations governing areas where refuse, rubbish, ashes or garbage are dumped or accumulated in a town within one mile of the corporate limits of the city or village.
66.0415 History
History: 1973 c. 206; Sup. Ct. Order,
67 Wis. 2d 585, 774 (1975);
1993 a. 27;
1999 a. 150 s.
155; Stats. 1999 s. 66.0415.
66.0415 Annotation
The social and economic roots of judge-made air pollution policy in Wisconsin. Laitos, 58 MLR 465.
66.0417
66.0417
Local enforcement of certain food and health regulations. 66.0417(1)(1) An employee or agent of a local health department designated by the department of health and family services under
s. 254.69 (2) or the department of agriculture, trade and consumer protection under
s. 97.41 may enter, at reasonable hours, any premises for which the local health department issues a permit under
s. 97.41 or
254.69 (2) to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed to enforce
subch. VII of ch. 254,
ch. 97 or
s. 254.47, relating to those premises. If samples of food are taken, the local health department shall pay or offer to pay the market value of those samples. The local health department, department of health and family services or department of agriculture, trade and consumer protection shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether there is a violation of
subch. VII of ch. 254,
ch. 97 or
s. 254.47, rules adopted by the departments under those statutes, ordinances adopted by the village, city or county or regulations adopted by the local board of health under
s. 97.41 (7) or
254.69.
66.0417(2)(a)(a) Whenever, as a result of an examination, a village, city or county has reasonable cause to believe that any examined food constitutes, or that any construction, sanitary condition, operation or method of operation of the premises or equipment used on the premises creates an immediate danger to health, the administrator of the village, city or county agency responsible for the village's, city's or county's agent functions under
s. 97.41 or
254.69 (2) may issue a temporary order and cause it to be delivered to the permittee, or to the owner or custodian of the food, or to both. The order may prohibit the sale or movement of the food for any purpose, prohibit the continued operation or method of operation of specific equipment, require the premises to cease any other operation or method of operation which creates the immediate danger to health, or set forth any combination of these requirements. The administrator may order the cessation of all operations authorized by the permit only if a more limited order does not remove the immediate danger to health. Except as provided in
par. (c), no temporary order is effective for longer than 14 days from the time of its delivery, but a temporary order may be reissued for one additional 14-day period, if necessary to complete the analysis or examination of samples, specimens or other evidence.
66.0417(2)(b)
(b) No food described in a temporary order issued and delivered under
par. (a) may be sold or moved and no operation or method of operation prohibited by the temporary order may be resumed without the approval of the village, city or county, until the order has terminated or the time period specified in
par. (a) has run out, whichever occurs first. If the village, city or county, upon completed analysis and examination, determines that the food, construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health, the permittee, owner or custodian of the food or premises shall be promptly notified in writing and the temporary order shall terminate upon his or her receipt of the written notice.
66.0417(2)(c)
(c) If the analysis or examination shows that the food, construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health, the permittee, owner or custodian shall be notified within the effective period of the temporary order issued under
par. (a). Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under
sub. (3), and no food described in the temporary order may be sold or moved and no operation or method of operation prohibited by the order may be resumed without the approval of the village, city or county.
66.0417(3)
(3) A notice issued under
sub. (2) (c) shall be accompanied by notice of a hearing as provided in
s. 68.11 (1). The village, city or county shall hold a hearing no later than 15 days after the service of the notice, unless both parties agree to a later date. Notwithstanding
s. 68.12, a final decision shall be issued under
s. 68.12 within 10 days of the hearing. The decision may order the destruction of food, the diversion of food to uses which do not pose a danger to health, the modification of food so that it does not create a danger to health, changes to or replacement of equipment or construction, other changes in or cessations of any operation or method of operation of the equipment or premises, or any combination of these actions necessary to remove the danger to health. The decision may order the cessation of all operations authorized by the permit only if a more limited order will not remove the immediate danger to health.
66.0417(4)
(4) A proceeding under this section, or the issuance of a permit for the premises after notification of procedures under this section, does not constitute a waiver by the village, city or county of its authority to rely on a violation of
ch. 97,
s. 254.47 or
subch. VII of ch. 254 or any rule adopted under those statutes as the basis for any subsequent suspension or revocation of the permit or any other enforcement action arising out of the violation.
66.0417(5)(a)(a) Except as provided in
par. (b), any person who violates this section or an order issued under this section may be fined not more than $10,000 plus the retail value of any food moved, sold or disposed of in violation of this section or the order, or imprisoned not more than one year in the county jail, or both.
66.0417(5)(b)
(b) Any person who does either of the following may be fined not more than $5,000 or imprisoned not more than one year in a county jail, or both:
66.0417(5)(b)1.
1. Assaults, restrains, threatens, intimidates, impedes, interferes with or otherwise obstructs a village, city or county inspector, employee or agent in the performance of his or her duties under this section.
66.0417(5)(b)2.
2. Gives false information to a village, city or county inspector, employee or agent engaged in the performance of his or her duties under this section, with the intent to mislead the inspector, employee or agent.
66.0419
66.0419
Regulation of cable television by municipalities. 66.0419(1)(a)1.
1. The federal cable communications policy act of 1984 authorizes, and, for systems installed and services provided after July 1, 1984, requires, the award of a franchise to a cable operator.
66.0419(1)(a)2.
2. The practice of individual municipalities in this state prior to December 29, 1984, requiring a franchise for operation of a cable television system within their respective boundaries conformed to the policy and regulations issued by the federal communications commission.
66.0419(1)(a)3.
3. Prior to December 29, 1984, federal law did not prohibit requiring compensation for operation of a cable television system in a city, town or village.
66.0419(1)(a)4.
4. The federal cable communications policy act of 1984 authorizes a city, town or village to impose a limited franchise fee based on the gross revenues a cable operator derives from operation of a cable television system in the city, town or village.
66.0419(1)(a)5.
5. Section 637 of the federal communications policy act of 1984 reaffirms the authority of cities, towns and villages to award cable television system franchises and maintains the integrity of existing franchises.
66.0419(1)(a)6.
6. Regulation of cable television services by cities, towns and villages is necessary to ensure citizens adequate and efficient cable television service and to protect and promote public health, safety and welfare.
66.0419(1)(a)7.
7. It is in the public interest to maintain the authority of cities, towns and villages to grant and revoke cable television franchises, require the payment of franchise fees and establish rates charged to customers by franchise holders.
66.0419(1)(b)1.
1. Clarify the legislature's position on certain antitrust and franchise fee and other compensation issues which affect the cities, towns and villages of this state, which are related to the regulation of cable television services and which have arisen in recent state and federal court actions.
66.0419(1)(b)2.
2. Reaffirm the policy of the legislature, which is to provide that the exercise of the police power of this state concerning cable television service remain in the cities, towns and villages of this state.
66.0419(1)(b)3.
3. Authorize cities, towns and villages to impose franchise fees for the purpose of raising general revenue.
66.0419(1)(b)4.
4. Maintain the spirit of the compromise between the cable industry and municipalities effected under the federal cable communications policy act of 1984, the enactment of which the municipalities agreed to support because it provides for their clear right to impose and collect a limited franchise fee based on cable operator income or gross revenues.
66.0419(2)(a)
(a) "Affiliate", when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership control with such person.
66.0419(2)(b)
(b) "Cable operator" means any person who provides cable service over a cable television system and who:
66.0419(2)(b)1.
1. Directly or through one or more affiliates owns a significant interest in the cable television system; or
66.0419(2)(b)2.
2. Otherwise controls or is responsible for, through any arrangement, the management and operation of the cable television system.
66.0419(2)(c)1.
1. The one-way transmission to subscribers of video programming or of other programming service; and
66.0419(2)(c)2.
2. Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
66.0419(2)(d)
(d) "Cable television system" means a facility which consists of a set of closed transmission paths and associated signal generation, reception and control equipment designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community. "Cable television system" does not include any of the following:
66.0419(2)(d)1.
1. A facility which serves only to retransmit the television signals of one or more television broadcast stations.
66.0419(2)(d)2.
2. A facility that serves only subscribers in one or more multiunit dwellings under common ownership, control or management unless such facility uses any public right-of-way.
66.0419(2)(d)3.
3. A facility of a common carrier which is subject, in whole or in part, to the provisions of
47 USC 201 to
222, except that the facility is a cable television system to the extent that the facility is used in transmission of video programming directly to subscribers.
66.0419(2)(d)4.
4. Any facility of any electric utility used solely for operating its electric utility system.
66.0419(2)(e)
(e) "Franchise fee" means any fee, assessment or other compensation which a municipality requires a cable operator to pay, with respect to the operation of cable television systems, solely because of the cable operator's status as such, and includes any compensation required under
s. 66.0425.
66.0419(2)(g)
(g) "Other programming service" means information which a cable operator makes available to all subscribers generally.
66.0419(2)(h)
(h) "Video programming" means programming provided by, or generally considered comparable to, programming provided by a television broadcast station.
66.0419(3)
(3) Franchises. A municipality may operate or regulate a cable television system and in such operation and regulation may, without limitation because of enumeration:
66.0419(3)(b)
(b) Grant or revoke one or more franchises authorizing the construction and operation of a cable television system and govern the operation of any franchise granted.
66.0419(3)(c)
(c) Require the payment of franchise fees which, notwithstanding
s. 66.0611, may be based on the income or gross revenues of a cable television system, or measured by such income or gross revenues.
66.0419(3)(d)
(d) Contract for operation of a municipally owned cable television system.
66.0419(3)(e)
(e) Establish rates and regulate services to the extent provided under federal law.
66.0419(3m)
(3m) Municipal cable television system costs. 66.0419(3m)(a)(a) Except for costs for any of the following, a municipality that owns and operates a cable television system, or an entity owned or operated, in whole or in part, by such a municipality, may not require nonsubscribers of the cable television system to pay any of the costs of the cable television system:
66.0419(3m)(a)2.
2. Debt service on bonds issued under
s. 66.0619 to finance the construction, renovation, or expansion of a cable television system.
66.0419(3m)(am)
(am) Paragraph (a) does not apply to a municipality that, on March 1, 2004, was providing cable service to the public.
66.0419(3m)(b)
(b) Paragraph (a) does not apply to a municipality if all of the following conditions apply:
66.0419(3m)(b)1.
1. On November 1, 2003, the public service commission has determined that the municipality is an alternative telecommunications utility under
s. 196.203.
66.0419(3m)(b)2.
2. A majority of the governing board of the municipality votes to submit the question of supporting the operation of a cable television system by the municipality to the electors in an advisory referendum and a majority of the voters in the municipality voting at the advisory referendum vote to support the operation of a cable television system by the municipality.
66.0419(4)
(4) Construction. The authority granted under this section to a municipality to operate and regulate a cable television system is in addition to any other power which the municipality has and the authority of a municipality to operate and regulate a cable television system is limited only by the express language of this section.
66.0419(5)(a)(a) A cable operator shall give the municipality that authorized its franchise at least 90 days' advance written notice of the cable operator's intention to transfer ownership or control of a cable television system. During the term of a franchise agreement, a cable operator may not transfer ownership or control of a cable television system without the approval of the municipality that authorized the franchise. A municipality may not withhold approval of an ownership transfer or a transfer of control without good cause. If a hearing is necessary to determine if a transfer may have an adverse effect, a municipality may schedule a hearing to take place within 45 days after the date on which the municipality receives the notice. If a municipality withholds approval of an ownership transfer or a transfer of control, the municipality shall state its objections to the transfer in writing within 60 days after the date on which the municipality receives the notice. Under this paragraph, a transfer of control is presumed to occur if 40% or more of the ownership interest in a cable television system is transferred.
66.0419(5)(am)
(am) If 10% or more of the ownership interest in a cable television system is transferred, the cable operator shall inform the municipality that authorized its franchise of the transfer in writing within 30 days after the date of the transfer.
66.0419(5)(c)
(c) The provisions of this subsection may be varied under a written franchise agreement that is entered into, renewed, extended or modified after May 14, 1992.
66.0419 History
History: 1985 a. 29;
1991 a. 296;
1999 a. 150 s.
241; Stats. 1999 s. 66.0419;
2003 a. 278,
327.
66.0421
66.0421
Access to cable service. 66.0421(2)
(2) Interference prohibited. The owner or manager of a multiunit dwelling under common ownership, control or management or of a mobile home park or the association or board of directors of a condominium may not prevent a cable operator from providing cable service to a subscriber who is a resident of the multiunit dwelling, mobile home park or of the condominium or interfere with a cable operator providing cable service to a subscriber who is a resident of the multiunit dwelling, mobile home park or of the condominium.
