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Dane County, WI Property Maintenance: Property Blight (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Standard notice
30 days to abate a nuisance
Emergency order
48 hours for imminent danger
Human health hazard
Dilapidated/unsafe/unsanitary housing
State procedure
Wis. Stat. § 254.59 abatement
Enforcement help
Sheriff's Department can assist

Summary

Dane County's health department can order any land or building that poses a health risk abated as a nuisance under ch. 46.22, and can go further under ch. 46.225 by declaring housing that is dilapidated, unsafe or unsanitary a 'human health hazard.' Owners get 30 days to abate an ordinary nuisance; imminent danger cuts that to 48 hours with Sheriff's Department help available.

City-specific rules exist: Fitchburg, Middleton, Sun Prairie, and Madison have their own property blight rules that differ from Dane County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

46.22(1) A nuisance under this section is any condition of lands or buildings which: (a) has resulted in or has the potential to result in harm to any individual, whether by accident, disease or sickness occurring as a result of contact with such conditions, and (b) is not required to be maintained in order to support any useful activities of the owner or user of said lands or buildings. (2) Every owner, tenant or other user of property within Dane County shall maintain his or her lands and buildings in such a condition that they shall not become a nuisance. (3) The department shall notify the owner, occupant or other user of lands or buildings where a nuisance is located to abate or remove such nuisance within thirty (30) days of receipt of said notice. 46.225(1) The department may declare housing that is dilapidated, unsafe or unsanitary to be a human health hazard.

Source: City of MilwaukeeView official code

Full Breakdown

Ch. 22(1) defines a nuisance as any condition of lands or buildings that has resulted in or could result in harm to any individual, by accident, disease or sickness from contact with the condition, and that isn't needed for any useful activity of the owner or user. Ch. 22(2) puts the maintenance duty on 'every owner, tenant or other user of property within Dane County,' who must keep lands and buildings from becoming a nuisance. Once the department identifies one, ch. 22(3) requires written notice to the owner, occupant or user, who then has thirty days to abate or remove it; notice is effective on hand delivery or, if not delivered, as of the second attempted-delivery date.

Ch. 22(4) covers emergencies: if a sanitarian determines a nuisance poses imminent danger to health, the department can order remedial action within 48 hours, serve that order personally, and request the Dane County Sheriff's Department's assistance. Separately, ch. 225 lets the department declare housing that is 'dilapidated, unsafe or unsanitary' a human health hazard, using the definition in s. 01(2), Wis. ; once the local health officer finds one, the county follows the abatement procedure in s. 59, Wis. , adopted by reference into the county code.

Violations & Fines

Missing the 30-day abatement window, or ignoring a 48-hour emergency order under ch. 46.22(4), exposes the owner or occupant to ch. 46.27 forfeitures of $50 to $200 for each day the violation continues, plus possible jail time, up to 30 days, for anyone who can pay a forfeiture but refuses. The Sheriff's Department may assist enforcing an emergency remedial order.

Frequently Asked Questions

How much time do I get to fix a nuisance property in Dane County?
Thirty days from the date you receive written notice under ch. 46.22(3), unless the department finds the condition poses imminent danger to health, in which case ch. 46.22(4) shortens that to 48 hours and allows Sheriff's Department assistance.
What makes a house a 'human health hazard' under county code?
Ch. 46.225 lets the department declare housing dilapidated, unsafe or unsanitary a human health hazard using the definition in s. 254.01(2), Wis. Stats., then follow the state abatement procedure in s. 254.59, Wis. Stats.
Who has to keep a property from becoming a nuisance?
Ch. 46.22(2) puts that duty on every owner, tenant or other user of property in Dane County, not just the titled owner, so tenants can also be held responsible for conditions they create or allow.

Sources & Official References

Other rules in Dane County

All Dane County rules

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