AB710, s. 451
12Section
451. 66.434 of the statutes is renumbered 46.30 (5) and amended to
13read:
AB710,363,1614
46.30
(5) City, village or town assistance. A city, village or town may
15appropriate funds for promoting and assisting
any
a community action agency
under
16s. 46.30.
AB710, s. 452
17Section
452. 66.435 of the statutes is renumbered 66.1337, and 66.1337 (2),
18(2m) (a) (intro.), 2. and 4. and (b) and (3) to (7), as renumbered, are amended to read:
AB710,364,1319
66.1337
(2) Findings. It is
hereby found and declared that there exists in
20municipalities of the state slum, blighted and deteriorated areas which constitute a
21serious and growing menace injurious to the public health, safety, morals and
22welfare of the residents of the state, and the findings and declarations made
before
23August 3, 1955 in s.
66.43 (2) 66.1331 are
in all respects affirmed and restated
; that
24while certain. Certain slum, blighted or deteriorated areas
, or portions thereof, may
25require acquisition and clearance, as provided in s.
66.43 66.1331, since the
1prevailing condition of decay may make impracticable the reclamation of the area by
2conservation or rehabilitation in
such a manner that
eliminates, remedies or
3prevents the conditions and evils
hereinbefore enumerated may be eliminated,
4remedied or prevented, and to of these areas. To the extent feasible salvable slum
5and blighted areas should be conserved and rehabilitated through voluntary action
6and the regulatory process
; and all. All acts and purposes provided for by this section
7are for and constitute public uses and are for and constitute public purposes
, and that
8moneys. Moneys expended
in connection with such powers under this section are
9declared to be for public purposes and to preserve the public interest, safety, health,
10morals and welfare. Any municipality in carrying out the provisions of this section
11shall afford maximum opportunity consistent with the sound needs of the
12municipality as a whole to the rehabilitation or redevelopment of areas by private
13enterprise.
AB710,364,15
14(2m) (a) (intro.) "Rehabilitation or conservation work"
may include includes 15any of the following:
AB710,364,2116
2. Acquisition of real property and demolition, removal or rehabilitation of
17buildings and improvements
thereon on the property where necessary to eliminate
18unhealthful, unsanitary or unsafe conditions, lessen density, reduce traffic hazards,
19eliminate obsolete or other uses detrimental to the public welfare,
or to otherwise
20remove or prevent the spread of blight or deterioration, or to provide land for needed
21public facilities.
AB710,364,2522
4. The disposition, for uses in accordance with the objectives of the urban
23renewal project, of any property
or part thereof acquired in the area of the project.
24The disposition shall be in the manner prescribed in this section for the disposition
25of property in a redevelopment project area.
AB710,365,6
1(b) "Urban renewal project"
may include
includes undertakings and activities
2for the elimination and for the prevention of the development or spread of slums or
3blighted, deteriorated or deteriorating areas and may involve any work or
4undertaking for
such this purpose constituting a redevelopment project or any
5rehabilitation or conservation work, or any combination of
such the undertaking or
6work.
AB710,365,9
7(3) Urban renewal projects. In addition to its authority under any other
8section, a A municipality
is authorized to may plan and undertake urban renewal
9projects.
AB710,366,8
10(4) Workable program. (a)
1. The governing body of the municipality, or
such 11the public officer or public body
as
that it designates, including a housing authority
12organized and created under s.
66.40 66.1201, a redevelopment authority created
13under s.
66.431 66.1333 or a community development authority created under s.
1466.4325, is authorized to 66.1335, may prepare a workable program for utilizing
15appropriate private and public resources to eliminate, and prevent the development
16or spread of, slums and urban blight and deterioration, to encourage needed urban
17rehabilitation, to provide for the redevelopment of blighted, deteriorated or slum
18areas, or to undertake those activities or other feasible activities that may be suitably
19employed to achieve
the these objectives
of such a program. The governing body may
20by resolution or ordinance provide the specific means by which a workable program
21can be effectuated and may confer upon its officers and employes the power required
22to carry out a program of rehabilitation and conservation for the restoration and
23removal of blighted, deteriorated or deteriorating areas. If a municipality finds that
24there exists in the municipality dwellings or other structures that are unfit for
25human habitation due to dilapidation, defects that increase the hazards of fire,
1accidents or other calamities, lack of ventilation, light or sanitary facilities or other
2conditions, rendering the dwellings or other structures unsanitary, dangerous or
3detrimental to the health, safety or morals, or otherwise inimical to the welfare of
4the residents of the municipality, the municipality may enact the resolutions or
5ordinances that it considers appropriate and effectual in order to prevent those
6conditions and may require
or cause the repair, closing, demolition or removal of the
7dwellings or other structures.
For the purposes of the resolutions or ordinances, a
8"dwelling"
AB710,366,9
92. In this subsection:
AB710,366,13
10a. "Dwelling" means any building, structure or part of the building or structure
11that is used and occupied for human habitation or intended to be so used and includes
12any appurtenances belonging to it or usually enjoyed with it.
The term "structure"
13also
AB710,366,15
14b. "Structure" includes fences, garages, sheds, and any type of store or
15commercial, industrial or manufacturing building.
AB710,367,6
163. The ordinances or resolutions
under subd. 1. shall require that, if there are
17reasonable grounds to believe that there has been a violation of the ordinances or
18resolutions, notice of the alleged violation shall be given to the alleged responsible
19person by appropriately designated public officers or employes of
such the 20municipality. Every such notice shall be in writing; include a description of the real
21estate sufficient for identification; include a statement of the reason for issuance;
22specify a time for the performance of any act that the notice requires; and be served
23upon the alleged responsible person. The notice of violation is properly served on the
24person if a copy of it is delivered to the person personally; is left at the person's usual
25place of abode, in the presence of someone in the family of suitable age and discretion
1who shall be informed of the contents of the notice; is sent by registered mail or by
2certified mail with return receipt requested to the person's last-known address; or,
3if the registered or certified letter with the copy of the notice is returned showing the
4letter has not been delivered to the person, by posting a copy of the notice in a
5conspicuous place in or about the dwelling or other structure affected by the notice.
6Any
AB710,368,3
74. A person affected by
such a notice
under subd. 3. may request and shall be
8granted a hearing on the matter before a board or commission established by the
9governing body of
such the municipality or before a local health officer. The person
10shall file in the office of the designated board or commission or the local health officer
11a written petition requesting the hearing and setting forth a statement of the
12grounds for it within 20 days after the day the notice was served. Within 10 days
13after receipt of the petition, the designated board or commission or the local health
14officer shall set a time and place for the hearing and shall give the petitioner written
15notice of it. At the hearing the petitioner
shall have an opportunity to may be heard
16and
to show cause why the notice should be modified or withdrawn. The hearing
17before the designated board or commission or the local health officer shall be
18commenced not later than 30 days after the date on which the petition was filed.
19Upon written application of the petitioner to the designated board or commission or
20the local health officer, the date of the hearing may be postponed for a reasonable
21time beyond the 30-day period, if, in the judgment of the board, commission or local
22health officer, the petitioner has submitted a good and sufficient reason for
such a 23postponement. Any notice served under this section
shall become becomes an order
24if a written petition for a hearing is not filed in the office of the designated board or
25commission or the local health officer within 20 days after
such the notice is served.
1The designated board or commission or the local health officer may administer oaths
2and affirmations
in connection with the conduct of any hearing held under this
3section.
AB710,368,22
45. After the hearing the designated board or commission or the local health
5officer shall sustain, modify or cancel the notice
given under subd. 3., depending
6upon its findings as to whether the provisions of the resolutions or ordinances have
7been complied with. The designated board or commission or the local health officer
8may
also modify any notice
so as to authorize a variance from the provisions of the
9resolutions or ordinances when, because of special conditions, enforcement of the
10provisions of the resolutions or ordinances will result in practical difficulty or
11unnecessary hardship, if the intent of the resolutions or ordinances will be observed
12and public health and welfare secured. If the designated board or commission or the
13local health officer sustains or modifies the notice, the sustained or modified notice
14is an order, and the persons affected by the order shall comply with all provisions of
15the order within a reasonable period of time, as determined by the board, commission
16or local health officer. The proceedings at the hearing, including the findings and
17decisions of the board, commission or local health officer, shall be reduced to writing
18and entered as a matter of public record in the office of the board, commission or local
19health officer. The record shall also include a copy of every notice or order issued in
20connection with the matter. A copy of the written decision of the board, commission
21or local health officer shall
then be served, in the same manner prescribed for service
22of notice
under subd. 3., on the person who filed the petition for hearing.
AB710,369,8
236. If the local health officer finds that an emergency exists that requires
24immediate action to protect the public health, the local health officer may, without
25notice or hearing, issue an order reciting the existence of
such an the emergency and
1requiring that action be taken that the local health officer determines is necessary
2to meet the emergency. This order
shall be is effective immediately. Any person to
3whom the order is directed shall comply with it, but shall be afforded a hearing as
4specified in this
section subsection if the person immediately files a written petition
5with the local health officer requesting the hearing. After the hearing, depending
6upon the findings of the local health officer as to whether an emergency still exists
7that requires immediate action to protect the public health, the local health officer
8shall continue the order in effect or modify or revoke it.
AB710,370,79
(b)
Any A person aggrieved by the determination of
any a board, commission
10or local health officer, following review of an order issued under this
section 11subsection, may appeal directly to the circuit court of the county in which the
12dwelling or other structure is located by filing a petition for review with the clerk of
13the circuit court within 30 days after a copy of the order of the board, commission or
14local health officer has been served upon the person. The petition shall state the
15substance of the order appealed from and the grounds upon which the person
16believes the order to be improper. A copy of the petition shall be served upon the
17board, commission or local health officer whose determination is appealed. The copy
18shall be served personally or by registered or certified mail within the 30-day period
19provided in this paragraph. A reply or answer shall be filed by the board, commission
20or local health officer within 15 days after the receipt of the petition. A copy of the
21written proceedings of the hearing held by the board, commission or local health
22officer which led to service of the order being appealed shall be included with the
23reply or answer when filed. If it appears to the court that the petition is filed for
24purposes of delay, the court shall, upon application of the municipality, promptly
25dismiss the petition. Either party to the proceedings may
then petition the court for
1an immediate hearing on the order. The court shall review the order and the copy
2of written proceedings of the hearing conducted by the board, commission or local
3health officer, shall take testimony that the court determines is appropriate, and,
4following a hearing upon the order without a jury, shall make its determination. If
5the court affirms the determination made by the board, commission or local health
6officer, the court shall fix a time within which the order appealed from
shall become 7becomes operative.
AB710,370,19
8(5) General powers conferred upon municipalities. The governing body of
9any a municipality
shall have and there is hereby expressly conferred upon it has all
10powers necessary and incidental to effect a program of urban renewal, including
11functions with respect to rehabilitation and conservation for the restoration and
12removal of blighted, deteriorated or deteriorating areas, and
such the local governing
13body
is hereby authorized to may adopt
such resolutions or ordinances
as may be
14required for the purpose of carrying out that program and the objectives and
15purposes of this section. In connection with the planning, undertaking and financing
16of the urban renewal program or projects, the governing body of any municipality
17and all public officers, agencies and bodies
shall have all the rights, powers,
18privileges and immunities which they have with respect to a redevelopment project
19under s.
66.43 66.1331.
AB710,370,25
20(6) Assistance to urban renewal by municipalities and other public bodies. 21Any A public body
is authorized to may enter into agreements, which may extend
22over any period notwithstanding any provision or rule of law to the contrary, with any
23other public body
or bodies respecting action to be taken pursuant to any of the
24powers granted by this section, including the furnishing of funds or other assistance
25in connection with an urban renewal plan or urban renewal project.
AB710,371,5
1(7) Powers herein granted to be supplemental and not in derogation. (a)
2Nothing in this section
shall may be construed to abrogate or impair the powers of
3the courts or of any department of any municipality to enforce any provisions of its
4charter
or its, ordinances or regulations, nor to prevent or punish violations
thereof 5of its charter, ordinances or regulations.
AB710,371,86
(b) Nothing in this section
shall may be construed to impair or limit
in any way 7the power of the municipality to define and declare nuisances and to cause their
8removal or abatement, by summary proceedings or otherwise.
AB710,371,149
(c) The powers conferred by this section
shall be
are in addition and
10supplemental to the powers conferred by any other law
; and this. This section shall
11be construed liberally to effectuate
the its purposes
hereof and
the its enumeration
12therein of specific powers
shall
does not
operate to restrict the meaning of any
13general grant of power contained in this section or
to exclude other powers
14comprehended in
such the general grant.
AB710, s. 453
15Section
453. 66.436 of the statutes is renumbered 66.1339 and amended to
16read:
AB710,371,19
1766.1339 Villages to have certain city powers. Villages
shall have all of the
18powers of cities under ss.
66.395 66.1105, 66.1201 to
66.425, 66.43, 66.431, 66.4325,
1966.435 and 66.46 66.1329 and 66.1331 to 66.1337.
AB710, s. 454
20Section
454. 66.437 of the statutes is renumbered 66.1341 and amended to
21read:
AB710,372,2
2266.1341 Towns to have certain city powers. Towns
shall have all of the
23powers of cities under ss.
66.40 to 66.425, 66.43, 66.431, 66.4325, 66.505 and 66.508 2466.0923, 66.0925, 66.1201 to 66.1329 and 66.1331 to 66.1335, except the powers
1under s.
66.40 66.1201 (10) and any other powers that conflict with statutes relating
2to towns and town boards.
Note: Repealed as no longer necessary. The section authorizes housing
authorities to develop and administer housing projects to provide housing for
persons and their families engaged in war industries or activities.