101.651 Special requirements for smaller municipalities.
(1) Definition. In this section, “municipality" means a city, village or town with a population of 2,500 or less.
(2m) Enforcement options. A municipality shall exercise jurisdiction over the construction and inspection of new one- and 2-family dwellings by enacting ordinances under s. 101.65 (1) (a) or shall exercise the jurisdiction granted under s. 101.65 (1) (a) jointly under s. 101.65 (1) (b), unless any of the following conditions are met:
(a) The municipality adopts a resolution requesting under sub. (3) (a) that a county enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a) throughout the municipality and that a county provide inspection services in the municipality to administer and enforce this subchapter or an ordinance enacted under s. 101.65 (1) (a).
(c) Under sub. (3) (b), the department enforces this subchapter throughout the municipality and provides inspection services in the municipality to administer and enforce this subchapter.
(3) Departmental and county authority in municipalities; generally.
(a) A county may not enforce this subchapter or provide inspection services in a municipality unless requested to do so by a person with respect to a particular dwelling or by the municipality. A request by a person or a municipality with respect to a particular dwelling does not give the county authority with respect to any other dwelling. For any services provided under this paragraph, the county shall collect costs under s. 101.65 (1) (c) from the person or municipality that requests the service.
(am) Except as provided in s. 101.64 (2m), if a municipality exercises jurisdiction under sub. (2m) or adopts a resolution under sub. (2m) (a), the department may not enforce this subchapter in the municipality unless requested to do so by the municipality. For any services provided under this paragraph, the department shall collect costs under s. 101.63 (9) from the municipality.
(b) The department shall provide inspection services and shall enforce this subchapter throughout any municipality that does not exercise jurisdiction under sub. (2m) and that has not adopted a resolution under sub. (2m) (a).
(4) Data relating to housing starts in municipalities. Municipalities shall furnish statistical data relating to housing starts to the department as requested by the department.
(5) Effect of section on certain laws. This section does not affect the applicability of rules or an ordinance adopted under this subchapter to builders, designers and owners of dwellings located in a municipality.
History: 1981 c. 20; 1989 a. 31; 1991 a. 309; 1999 a. 9; 2003 a. 90; 2017 a. 330.
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