HO-CHUNK NATION CODE (HCC)

HO-CHUNK NATION CODE (HCC)

TITLE 3 – HEALTH AND SAFETY CODE

SECTION 66 – CIIRA RUŽEŽE (RAZE) ORDINANCE

ENACTED BY LEGISLATURE: April 3, 2024

CITE AS: 3 HCC § 66

(1a) AUTHORITY, PURPOSE AND JURISDICTION.

(a) Authority.

1. Article V, Section 2(a) of the Constitution grants the Legislature the power to

make laws, including codes, ordinances, resolutions, and statutes.

2. Article V, Section 2(h) of the Constitution grants the Legislature the power to

enact all laws prohibiting and regulating conduct, and imposing penalties upon all persons within

the jurisdiction of the Nation.

3. Article V, Section 2(l) of the Constitution grants the Legislature the power to

enact laws to manage, lease, permit, or otherwise deal with the Nation’s lands, interests in lands

or other assets.

4. Article V, Section 2(o) of the Constitution grants the Legislature the power to

enact laws to regulate and zone any lands within the jurisdiction of the Ho-Chunk Nation.

5. Article V, Section 2(p) of the Constitution grants the Legislature the power to

enact laws to create and regulate a system of property including but not limited to use, title, deed,

estate, inheritance, transfer, conveyance, and devise; and

6. Article V, Section 2(s) of the Constitution grants the Legislature the power to

promote public health, education, charity, and such other services as may contribute to the social

advancement of the members of the Ho-Chunk Nation.

7. Article V, Section 2(t) of the Constitution grants the Legislature the power to

enact laws governing law enforcement on lands within the jurisdiction of the Nation.

8. Article VII, Section 4 of the Constitution grants the Judiciary the power to

interpret and apply the Constitution and laws of the Ho-Chunk Nation.

(b) Purpose. This Ordinance is enacted to ensure the safety of the public and prevent public

nuisance by determining whether a building should be razed or repaired in the following

circumstances:

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1. When a building is old, dilapidated, or out of repair and consequently dangerous,

unsafe, unsanitary, or otherwise unfit for human habitation and unreasonable to repair.

2. When a building that, as a result of vandalism or any other reason, has

deteriorated or is dilapidated or blighted to the extent that windows, doors or other openings,

plumbing or heating fixtures, or facilities or appurtenances of the building are damaged, destroyed

or removed so that the building offends the aesthetic character of the immediate neighborhood and

produces blight or deterioration.

(c) Jurisdiction. The jurisdiction of this Ordinance shall include all lands held by the Nation

or the People, or by the United States for the benefit of the Nation or the People, and any additional

lands acquired by the Nation or by the United States for the benefit of the Nation or the People,

including but not limited to air, water, surface, subsurface, natural resources and any interest

therein, notwithstanding the issuance of any patent or right-of way in fee or otherwise, by the

governments of the United States or the Ho-Chunk Nation, existing or in the future. In addition, it

shall extend to any and all tribal lands as defined herein and persons or activities therein.

(1b) INSPECTION.

(a) Upon the tribal building inspector or other designated officer discovering or receiving

a report of an unsafe building or a public nuisance, the tribal building inspector or other designated

officer shall investigate the report.

1. The tribal building inspector or other designated officer shall inspect or have the

building inspected.

2. In the event that the building is occupied, then the tribal building inspector or

other designated officer shall obtain the owner’s permission prior to conducting such inspection.

3. In the event the building is occupied and the owner does not grant permission for

an inspection, then the tribal building inspector or other designated officer may obtain an

inspection warrant from the Ho-Chunk Nation Judiciary.

a. The tribal building inspector or other designated officer must show that

probable cause exists that the building is an unsafe building or a public nuisance.

b. The mere existence of a report shall not constitute probable cause; rather,

other articulable facts must be presented to the court.

c. The court shall schedule hearings in relation to the granting of the

inspection warrant in an expedited manner.

4. In the event of an emergency situation where a building is believed to be an

imminent danger to life or limb in the community, an inspection warrant shall not be required even

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if permission is not granted. The tribal building inspector or other designated officer shall be

accompanied by a tribal law enforcement officer for any such emergency inspection.

5. The tribal building inspector or other designated officer shall take such other

actions as necessary to reasonably investigate whether the building is unsafe or a public nuisance.

(1) PROCEDURE.

(a) Definitions. In this subsection:

1. “Building” includes any building or structure or any portion of a building or

structure.

2. “Raze a building” means to demolish and remove the building and to restore the

site to a dust−free and erosion−free condition.

(b) Raze order. The tribal building inspector or other designated officer may:

1. Except as provided in sub. (5), if a building is old, dilapidated, or out of repair

and consequently dangerous, unsafe, unsanitary, or otherwise unfit for human habitation and

unreasonable to repair, order the owner of the building to raze the building or, if the building can

be made safe by reasonable repairs, order the owner to either make the building safe and sanitary

or to raze the building, at the owner’s option.

2. If there has been a cessation of normal construction of a building for more than

two (2) years, order the owner of the building to raze the building. The tribal building inspector or

other designated officer shall determine when cessation has begun based of normal construction

practices and shall consult with the owner prior to making such determination.

(br) Notice of unfitness for occupancy or use; penalty.

1. If a building subject to an order under par. (b) is unsanitary and unfit for human

habitation, occupancy, or use and is not in danger of structural collapse, the tribal building

inspector or other designated officer shall post a placard on the premises containing the following

notice: “This Building May Not Be Used For Human Habitation, Occupancy or Use.” The building

inspector or other designated officer shall prohibit the use of the building for human habitation,

occupancy, or use until necessary repairs have been made.

2. Any person who rents, leases, or occupies a building condemned for human

habitation, occupancy or use under sub. 1. shall be fined not less than $50 for each week of the

violation.

(c) Reasonableness of repair; presumption. Except as provided in subs. (3) and (5), if the

tribal building inspector or other designated officer determines the cost of repairs of a building

described in par. (b) 1. would exceed 50 percent of the insured value of the building, divided by

the ratio of the insured value to the recommended value as last published by the State of Wisconsin

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Department of Revenue for the municipality within which the building is located, the repairs are

presumed unreasonable for purposes of par. (b) 1. If there is no insurance on the building, then the

appraised value of the building will be used to make the determination. The appraisal shall be

conducted by a 3rd party appraiser of the Nation or at the owners expense if they so choose their

own appraiser.

(d) Service of order. An order under par. (b) shall be served on the owner of record of the

building subject to the order or on the owner’s agent if the agent is in charge of the building in the

same manner as a summons is served in the Ho-Chunk Nation Judiciary. An order under par. (b)

shall be served on the holder of an encumbrance of record by 1st class mail at the holder’s

last−known address and by publication. If the owner and the owner’s agent cannot be found or if

the owner is deceased and an estate has not been opened, the order may be served by posting it on

the main entrance of the building and by publishing it before the time limited in the order begins

to run. The time limited in the order begins to run from the date of service on the owner or owner’s

agent or, if the owner and agent cannot be found, from the date that the order was posted on the

building.

(e) Effect of recording order. If a raze order issued under par. (b) is recorded with the

Nation’s Register of Deeds, the order is considered to have been served, as of the date the raze

order is recorded, on any person claiming an interest in the building or the real estate as a result of

a conveyance from the owner of record unless the conveyance was recorded before the recording

of the raze order.

(f) Failure to comply with the order; razing building. An order under par. (b) shall specify

the time within which the owner of the building is required to comply with the order and shall

specify repairs, if any. If the owner fails or refuses to comply within the time prescribed, the tribal

building inspector or other designated officer may proceed to raze the building through any

available public agency or by contract or arrangement with private persons, or to secure the

building and, if necessary, the property on which the building is located if unfit for human

habitation, occupancy, or use. The cost of razing or securing the building may be charged in full

or in part against the owner(s) or owner’s estate if the owner is deceased, as a debt to the Nation.

(g) Court order to comply. The Nation, through the Department of Justice and in

coordination with the tribal building inspector or other designated officer, may commence and

prosecute an action through the Ho-Chunk Nation Judiciary for an order of the court requiring the

owner to comply with an order to raze a building issued under this subsection if the owner fails or

refuses to do so within the time prescribed in the order, or for an order of the court requiring any

person occupying a building whose occupancy has been prohibited under this subsection to vacate

the premises, or any combination of the court orders. A hearing on actions under this paragraph

shall be given preference.

(h) Restraining order. A person affected by an order issued under par. (b) may within thirty

(30) days apply to the Ho-Chunk Nation Judiciary for an order restraining the building inspector

or other designated officer from razing the building or forever be barred. The hearing shall be held

within 15 business days and shall be given preference. A temporary restraining order shall be

issued until the court can hold a hearing and determine whether the raze order is reasonable. The

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court shall determine whether the raze order is reasonable. If the order is reasonable, the court shall

not issue a restraining order. If the order is unreasonable, the court shall issue the restraining order

or modify it as the circumstances require. If the court finds that the order is unreasonable, the

building inspector or other designated officer shall issue no other order under this subsection

regarding the same building until its condition is substantially changed. The remedies provided in

this paragraph are exclusive remedies, and anyone affected by an order issued under par. (b) is not

entitled to recover any damages for the razing of the building.

(i) Removal of personal property. The tribal building inspector or other designated officer

shall provide written notice served as provided in par. (d) to the owner and/or occupants of a

building subject to an order under par. (b) of a date and time to retrieve any personal property in a

safe manner. If a building subject to an order under par. (b) contains personal property or fixtures

which will unreasonably interfere with the razing or repair of the building, or if the razing makes

necessary the removal, sale, or destruction of the personal property or fixtures, the building

inspector or other designated officer may order in writing the removal of the personal property or

fixtures by a date certain. The order shall be served as provided in par. (d). If the personal property

or fixtures are not removed by the time specified, the inspector may store, sell or, if it has no

appreciable value, destroy the personal property or fixture. If the property is stored the amount

paid for storage is a lien against the property and against the real estate and to the extent that the

amount is not reimbursed from funds withheld from an insurance settlement, may be assessed and

collected as debt to the Nation against the real estate if the real estate is owned by the owner of the

personal property and fixtures. If the property is stored, the owner of the property, if known, shall

be notified of the place of storage and if the owner does not claim the property, it may be sold at

the expiration of 6 months after it has been stored. The handling of the sale and the distribution of

the net proceeds after deducting the cost of storage and any other costs shall be as specified in par.

(j) and a report to the Ho-Chunk Nation Judiciary as specified in par. (j). A person affected by any

order under this paragraph may appeal as provided in par. (h).

(j) Sale of salvage. If an order to raze a building has been issued, the tribal building

inspector or other designated officer under the contract or arrangement to raze the building may

sell the salvage and valuable materials at the highest price obtainable. The net proceeds of the sale,

after deducting the expenses of razing the building, shall be promptly remitted to the Ho-Chunk

Nation Judiciary with a report of the sale or transaction, including the items of expense and the

amounts deducted, for the use of any person entitled to the net proceeds, subject to the order of the

court. The report shall state if no surplus remains to be turned over to the court.

(k) Public nuisance procedure. A building which is determined under par. (b) 1. to be old,

dilapidated or out of repair and consequently dangerous, unsafe, unsanitary or otherwise unfit for

human habitation and unreasonable to repair may be proceeded against as a public nuisance.

(2) RAZING BUILDING THAT IS A PUBLIC NUISANCE; IN REM PROCEDURE.

(a) Definitions. In this subsection:

1. “Building” means a building, dwelling, or structure.

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2. “Public nuisance” means a building that, as a result of vandalism or any other

reason, has deteriorated or is dilapidated or blighted to the extent that windows, doors or other

openings, plumbing or heating fixtures, or facilities or appurtenances of the building are damaged,

destroyed or removed so that the building offends the aesthetic character of the immediate

neighborhood and produces blight or deterioration.

3. “Raze a building” means to demolish and remove the building and to restore the

site to a dust−free and erosion−free condition.

(b) Notification of nuisance. If the owner of a building within tribal jurisdiction permits

the building to become a public nuisance, the tribal building inspector or other designated officer

shall issue a written notice of the defect that makes the building a public nuisance. The written

notice shall be served on the owner of the building as provided under sub. (1) (d) and shall direct

the owner to remedy the defect within 30 days following service.

(c) Failure to remedy; court order to remedy or raze.

1. If an owner fails to remedy or improve the defect per the written notice under

par. (b) within the 30−day period specified in the written notice, the tribal building inspector or

other designated officer shall apply to the Ho-Chunk Nation Judiciary, the jurisdiction in which

the building is located, for an order determining that the building constitutes a public nuisance. As

a part of the application for the order from the Ho-Chunk Nation Judiciary, the tribal building

inspector or other designated officer shall file a verified petition, which recites the giving of written

notice, the defect in the building, the owner’s failure to comply with the notice and 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 under sub. (1)

(d). The owner shall reply to the petition within 20 days following service upon the owner. Upon

application by the tribal building inspector or other designated officer, the Ho-Chunk Nation

Judiciary shall promptly set the petition for hearing. Testimony shall be taken by the Ho-Chunk

Nation Judiciary concerning the petition’s allegations and denials contained in the verified answer.

If the Ho-Chunk Nation Judiciary after hearing the evidence on the petition and answer determines

that the building constitutes a public nuisance, the court shall promptly issue an order directing the

owner of the building to remedy the defect and to make such repairs and alterations as may be

required. The court shall set a reasonable period of time in which the defect shall be remedied and

the repairs or alterations completed. A copy of the order shall be served upon the owner as provided

in sub. (1) (d). The order of the Ho-Chunk Nation Judiciary shall state in the alternative that if the

order of the court is not complied with within the time fixed by the court, the court will appoint a

receiver or authorize the tribal building inspector or other designated officer to proceed to raze the

building under par. (d).

2. In an action under this subsection, the Ho-Chunk Nation Judiciary before which

the action is commenced, shall exercise jurisdiction in rem or quasi in rem over the property that

is the subject of the action. The owner of record of the property, if known, and all other persons of

record holding or claiming any interest in the property shall be made parties defendant, and service

of process may be made upon them.

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3. It is not a defense to an action under this subsection that the owner of record of

the property is a different person or entity than the owner of record of the property on or after the

date the action was commenced if a lis pendens was recorded before the change of ownership.

(d) Failure to comply with court order. If the order of the Ho-Chunk Nation Judiciary under

par. (c) is not complied with within the time fixed by the court under par. (c), the court shall

authorize the tribal building inspector or other designated officer to raze the building or shall

appoint a disinterested person to act as receiver of the property to do either of the following within

a reasonable period of time set by the court:

1. Remedy the defect and make any repairs and alterations necessary to meet the

standards required by the building code or any health order. With the approval of the Ho-Chunk

Nation Judiciary, a receiver appointed under this subsection, may borrow money against and

mortgage the property held in receivership as security in any amount necessary to remedy the

defect and make the repairs and alterations. For the expenses incurred to remedy the defect and

make the repairs and alterations necessary under this subsection, the receiver has a lien upon the

property. At the request of and with the owner’s approval, the receiver may sell the property at a

price equal to at least the appraised value of the property plus the cost of any repairs made under

this subsection. The selling owner is liable for those costs.

2. Secure and sell the building to a buyer who demonstrates to the Ho-Chunk Nation

Judiciary an ability and intent to rehabilitate the building and to have the building reoccupied in a

legal manner.

(e) Receiver; order to raze.

1. A receiver appointed under par. (d) shall collect all rents and profits accruing

from the property held in receivership and pay management costs, including all general and special

real estate taxes or assessments and interest payments on mortgages on the property. A receiver

under par. (d) shall apply moneys received from the 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 court approves.

2. The Ho-Chunk Nation Judiciary shall set the fees and bond of a receiver

appointed under par. (d) and may discharge the receiver as the court considers appropriate.

3. Nothing in this subsection relieves the owner of property for which a receiver

has been appointed under par. (d) from any civil or criminal responsibility or liability except that

the receiver has civil and criminal responsibility and liability for all matters and acts directly under

the receiver’s authority or performed at their discretion.

4. If a defect is not remedied and repairs and alterations are not made within the

time limit set by the Ho-Chunk Nation Judiciary under par. (d), the court shall order the tribal

building inspector or other designated officer to raze the building.

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5. All costs and disbursements to raze a building under this subsection shall be as

provided under sub. (1) (f).

(5) RAZING CERTAIN INSURED DWELLINGS.

(a) Definitions. In this subsection:

1. “Cost of repairs” includes the estimated cost of repairs that are necessary to

comply with applicable building codes, or other ordinances or regulations, governing the repair or

renovation of a dwelling.

2. “Covered damage” means damage that is covered by an insurance policy.

3. “Insured dwelling” means real property that is covered under an insurance policy

and that is owned, occupied, and used primarily as a dwelling by the insured.

(b) Insurer certification.

1. No later than 14 days after real property has incurred damage, an insurer may

provide a written certification through 1st class mail or electronic communication to the tribal

building inspector or other designated officer stating all of the following:

a. That the insurer reasonably believes the real property may qualify as an

insured dwelling.

b. That the property owner or an insured has filed a claim for covered

damage with the insurer or the insurer has reason to believe the property owner or an insured will

file a claim for covered damage with the insurer.

c. That the insurer reasonably believes the claim may qualify as covered

damage.

d. The date of damage to the insured dwelling, the insurance policy limits

of the insured dwelling, the insurer’s designated representative for the filed or anticipated claim,

and the designated representative’s mailing address, electronic mail address, and phone number.

2. A certification under this paragraph does not waive or limit any rights of the

insurer under an insurance policy.

3. At any point prior to submitting a certification under sub. 1., an insurer may

notify the tribal building inspector or other designated officer that the insurer has determined the

insured dwelling to be wholly destroyed. If at any point after submitting a certification under sub.

1. the insurer determines that the insured dwelling is wholly destroyed, the insurer shall notify the

tribal building inspector or other designated officer of that determination.

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(c) Assessment. The tribal building inspector or other designated officer may not issue a

raze order under sub. (1) (b) for an insured dwelling for which an insurer has provided a

certification under par. (b) unless the tribal building inspector or other designated officer does all

of the following:

1. Provides notice of intent to issue a raze order to the owner of record of the insured

dwelling, the holder of any encumbrance on the insured dwelling, and the insurer of the insured

dwelling. The notice shall include a statement that materials may be submitted to the tribal building

inspector or other designated officer under sub. 2. Notice under this subsection shall be served in

the manner provided under sub. (1) (d).

2. Accepts and considers materials that are submitted by any person entitled to

notice under sub. 1., that assist in establishing the extent of the damage or the reasonable cost of

repairs to the insured dwelling, and that are received within 30 days after provision of the notice

under sub. 1. Materials that may be accepted and considered under this subsection are limited to

damage estimates, evaluations of the cost of repairs, and the results of inspections of the property.

When considering the materials submitted under this subsection, the tribal building inspector or

other designated officer shall consider the qualifications, expertise, and experience of the person

that submitted the materials.

3. Conducts an on−site inspection of the insured dwelling to assess the extent of the

damage.

4. Determines the estimated cost of repairs for the insured dwelling.

5. Determines that repair of the insured dwelling is not reasonable.

(d) Cost of repair. The tribal building inspector or other designated officer shall base its

determination of the estimated cost of repairs for the insured dwelling under par. (c) 4. on the

materials accepted under par. (c) 2. and similar materials produced by the tribal building inspector

or other designated officer.

(e) Reasonableness of repair. If the tribal building inspector or other designated officer

determines that the estimated cost of repairs of an insured dwelling does not exceed 50 percent of

the insurance policy limits of the insured dwelling, the repairs are presumed reasonable.

(f) Repair orders. Nothing in this subsection shall preclude the tribal building inspector or

other designated officer from ordering the owner of an insured dwelling to make the building safe

and sanitary under sub. (1) (b).

(g) Application. This subsection does not apply to any of the following:

1. The tribal building inspector or other designated officer has determined that a

dwelling to be in imminent danger of structural collapse and for which the property owner has

failed to appropriately secure and limit access.

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2. An insured dwelling that is the subject of a notification provided to the tribal

building inspector or other designated officer by an insurer pursuant to par. (b) 3.

(6) VALIDITY. The invalidity of any section, clause, sentence, or provision of this Ordinance

shall not affect the validity of any other parts of this Ordinance, which can be given effect without

such invalid part or parts.

(7) SOVEREIGN IMMUNITY. No section, clause, sentence or provision of this Ordinance shall

be construed as a waiver of the Nation’s sovereign immunity.

Legislative History:

01.03.24

01.04.24

04.03.24

Legislature authorizes to place the proposed Ciira Ruzeze (Raze) Ordinance out for

45 Day Public Comment, via resolution 01.03.24I.

Ciira Ruzeze Ordinance is placed on the Nation’s Website with Expiration Date of

02.17.24.

Legislature adopts resolution 04.03.24A Enactment of Ciira Ruzeze (Raze) Ordinance.

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