UNSAFE BUILDINGS.
Madison General Ordinances § 29.13
in effect29.13 - UNSAFE BUILDINGS.
(1) The Director of the Building Inspection Division may order the owner of the premises upon which is located any building or part thereof within the City of Madison, which in their judgment is so old, dilapidated, or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy, or use, and so that it would be unreasonable to repair the same, to raze and remove such building or part thereof, or if it can be made safe by repairs to repair and make safe and sanitary or to raze and remove it at the owner's option; or where there has been a cessation of normal construction of any building or structure for a period of more than two (2) years, to raze and remove such building or part thereof. The order shall specify a time in which the owner shall comply therewith and specify repairs, if any. It shall be served on the owner of record or their agent where an agent is in charge of the building and upon the holder of any encumbrance of record in the manner provided for service of a summons in the Circuit Court. If the owner or a holder of an encumbrance of record cannot be found, the order may be served by posting it on the main entrance of the building and by publishing in the official newspaper of the City of Madison as a Class 3 Notice, under Chapter 985, Wisconsin Statutes, before the time limited in the order commences to run.
(2) If the owner shall fail or refuse to comply within the time prescribed, the Director of the Building Inspection Division shall cause such building or part thereof to be razed and removed either through any available public agency or by contract or arrangement with private persons, or closed if unfit for human habitation, occupancy or use. The cost of such razing and removal or closing shall be charged against the real estate upon which such building is located and shall be a lien upon such real estate, and shall be assessed and collected as a special charge under Wis. Stat. § 66.0627. When any building has been ordered razed and removed, the Director of the Building Inspection Division under said contract or arrangement aforesaid, may sell the salvage and valuable material at the highest price obtainable. The net proceeds of such sale, after deducting the expense of such razing and removal, shall be promptly remitted to the Circuit Court with a report of such sale or transaction, including the items of expense and the amounts deducted, for the use of the person who may be entitled thereto, subject to the order of the court. If there remains no surplus to be turned over to the court, the report shall so state. If the building or part thereof is unsanitary or unfit for human habitation, occupancy or use, and is not in danger of structural collapse the Director of the Building Inspection Division shall post a placard on the premises containing the following words: "This Building Cannot Be Used For Human Habitation, Occupancy or Use", and it shall be the duty of the Director of the Building Inspection Division to prohibit the use of the building for human habitation, occupancy or use until the necessary repairs have been made. Any person, firm, or corporation who shall rent, lease or occupy a building which has been condemned for human habitation, occupancy or use shall be liable to a forfeiture of not less than five dollars ($5) nor more than fifty dollars ($50) for each week of such violation. If any person receiving a notice as hereinbefore provided shall fail or neglect to comply with the directions therein contained, they shall be subject to the penalties set forth in Section 29.20 of this chapter.
(3) (a)
Whenever an owner of any building in the City of Madison permits the same, either as a result of vandalism or for any other reason, to deteriorate or become dilapidated or blighted to the extent where windows, doors or other openings or plumbing or heating fixtures or facilities or appurtenances of such building are either deteriorated, damaged, destroyed or removed so that such building offends the aesthetic character of the immediate neighborhood or produces blight or deterioration by reason of such condition, the Director of the Building Inspection Division shall issue a written notice respecting the existence of such defect; such written notice shall be served on the owner of such building as provided in Section 29.13(1), MGO, above and shall direct the owner of such building to remedy the defect within thirty (30) days following the service of such notice.
(b) If an owner fails to remedy or improve the defect in accordance with the written notice furnished by the Director of the Building Inspection Division within the 30-day period specified in the written notice, the Director of the Building Inspection Division shall apply to the Dane County Circuit Court for an order determining that the building is a public nuisance. As a part of the application for such order from the circuit court the Director of the Building Inspection Division shall file a verified petition in which they recite the giving of such written notice, the defect or defects in the building, the owner's failure to comply with the notice and any other pertinent facts. A copy of the petition shall be served upon the owner of record or the owner's agent if an agent is in charge of the building and upon the holder of any encumbrance of record as provided in Section 29.13(1), MGO, above. The owner shall have twenty (20) days following service in which to reply to such petition. Upon application by the Director of the Building Inspection Division the circuit court shall set promptly the petition for hearing. If the circuit court after hearing the evidence with respect to the petition and the answer determines that the building is a public nuisance, the court shall issue an order directing the owner of the building to remedy the defect and to make such repairs and alterations as may be required within a reasonable time. A copy of the order shall be served upon the owner as provided in Section 29.13(1), MGO, above. The order of the circuit court shall state in the alternative that if the order of the court is not complied with in the time fixed by the court, the court may appoint a receiver or authorize the Director of the Building Inspection Division to raze the building. All costs and disbursements with respect to razing under this subsection shall be as provided for under Section 29.13(2), MGO.
(c) A receiver appointed pursuant to Paragraph (b) is empowered to:
1. Remedy the defect and make any repairs and alterations necessary to meet the standards required by the City of Madison Building and Health Codes; with the approval of the Circuit Court, borrow money against and encumber the property held in receivership as security in any amount necessary to remedy the defect and make the repairs and alterations; at the request of and with the approval of the owner, sell the property at a price equal to at least the appraisal value of the property plus the cost of any repairs made hereunder. The selling owner shall be liable for such costs. The receiver shall have a lien upon the property for all expenses incurred to remedy the defect and make all necessary repairs and alterations.
2. Secure and sell the building to a buyer who demonstrates to the circuit court an ability and intent to rehabilitate the building and to cause the building to be reoccupied in a legal manner.
(d) 1.
Any receiver appointed under Paragraph (b) above shall collect all rents and profits accruing from the property held in receivership and pay all costs of management, including all general and special real estate taxes or assessments and interest payments on first mortgages on the property. A receiver under Paragraph (b) shall apply moneys received from sale of property held in receivership to pay all debts due on the property in the order set by law and shall pay any balance to the selling owner if the circuit court approves.
2. The circuit court shall set the fees and bond of a receiver appointed under Paragraph (b) and may discharge the receiver as the court deems appropriate.
3. Nothing in this subsection relieves the owner of any property for which a receiver has been appointed under Paragraph (b) from any civil or criminal responsibility or liability except that the receiver shall have civil and criminal responsibility and liability for all matters and acts directly under the receiver's authority or performed at their discretion.
(Rpld. and Recreated by ORD-21-00024, 3-26-21)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOIICH20--31_CH29BUCO_GEADPR_29.13UNBUFetched: 11/1/2026