Number
010233
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. GORDON, CAMERON AND BOHL
Title
A substitute ordinance creating graduated-charge schedules for failure to comply with residential solid-waste container regulations.
Sections
61-19 cr
79-16-2-a rc
79-47-1-a rn
79-47-1-a cr
79-47-1-b rn
79-47-1-c rn
79-47-2-a am
79-47-2-b rc
79-47-2-c am
80-90 am
116-8-4 am
Analysis
This ordinance creates graduated-charge schedules for violations related to:
1. Permitting weeds of any kind to grow or stand more than 9 inches on any property of the city. An alleged violation shall result in a written notice requiring weed removal within 72 hours; the first violation following such notification is a charge of $50 and a charge of $75 for the second and each subsequent violation, in addition to removal costs.
2. Failing to make garbage carts, recycling carts or containers accessible by failing to shovel snow or ice within 72 hours of the last snowfall from around the carts or by failing to provide a clear and unhindered path to all containers. An alleged violation shall result in a written notice; the first violation following such notification is a charge of $25, and a charge of $50 for the second and each subsequent violation in a calendar year.
3. Placing or allowing non-recyclable waste in recyclables-waste carts or containers. An alleged violation shall result in a written notice requiring clean-out of the recyclables container and items within 72 hours; the first violation following such notification is a charge of $20, and a charge of $40 for the second and each subsequent violation in a calendar year.
4. Failing to return garbage or recycling carts to their proper storage areas before 10 p.m. of the day they are serviced. An alleged violation shall result in a written notice; the first violation following such notification is a charge of $10, and a charge of $25 for the second and each subsequent violation in a calendar year.
5. Failing to remove recyclable materials, grass, brush or leaves from the regular household waste. An alleged violation shall result in a written notice to remedy the situation within 24 hours; the first violation following such notification shall be a charge of $10, and a charge of $25 for the second and each subsequent violation in a calendar year.
6. Failing to remove and clear away all snow and ice on any public sidewalk or crosswalk within 24 hours after the snow or ice has ceased to fall. An alleged violation shall result in a written notice to remedy the situation within 24 hours; the first violation following such notification shall be a charge of $25, and a charge of $50 for the second and each subsequent violation, in addition to removal costs.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 61-19 of the code is created to read:
61-19. Class M. Upon conviction of a Class M violation, the first violation following written notification of a violation is a charge of $50, and a charge of $75 for the second and each subsequent violation in a calendar year. Upon default of payment, the violator shall be imprisoned not less than 2 days nor more than 3 days.
Part 2. Section 79-16-2-a of the code is repealed and recreated to read:
79-16. Penalty.
2. LIEN. a. If any owner or agent fails, omits, neglects or refuses to obey any order from the division of sanitation or the department of neighborhood services, the appropriate department may take such steps as are necessary to remove the litter, return the garbage or recycling cart to its original storage location and provide accessibility to garbage or recycling carts as defined in s. 79-5-3 and pursuant to s. 66.0627, Wis. Stats., a special charge shall be made against the subject property for litter removal or garbage or recycling cart return.
a-1-a. The amount of the special charge for litter removal shall be determined on or before January 31 of each year by the commissioner of public works, subject to the approval of the common council. The special charge amount shall be based upon the actual average per occurrence cost of litter removal during the prior calendar year.
a-1-b. A person who fails to comply with s. 79-5-3 shall receive a written notice with respect to the alleged violation of s. 79-5-3. Failure to comply following such notification shall result in a special charge of $25, and the second and each subsequent failure to comply within a calendar year shall result in a special charge of $50.
a-1-c. A person who fails to comply with s. 79-5-5 shall receive a written notice with respect to the alleged violation of s. 79-5-5. Failure to comply following such notification shall result in a special charge of $10, and the second and each subsequent failure to comply within a calendar year shall result in a special charge of $25.
a-2. Special charges made under this subsection shall be due and payable 30 days after billing or if not paid within that time become a lien on the subject property as provided in s. 66.0627, Wis. Stats. Such lien shall take effect as of the date of the delinquency and shall include an administrative charge of $10. Such lien shall automatically be extended upon the current or next tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of the property for delinquent real estate taxes shall apply to such charge. Such charge shall not be payable in installments.
Part 3. Section 79-47-1-a to c of the code is renumbered 79-47-1-b to d.
Part 4. Section 79-47-1-a of the code is created to read:
79-47. Penalties, Liens and Citations.
1. PENALTIES.
a. A person who fails to comply with s. 79-29 shall receive a written notice with respect to the alleged violation of s. 79-29. Failure to comply with s. 79-29 following such notification shall result in a special charge of $20 , and the second and each subsequent failure to comply with s. 79-29 within a calendar year shall result in a special charge of $40.
Part 5. Section 79-47-2-a of the code is amended to read:
2. LIENS.
a. Whenever a person fails, omits, neglects or refuses to obey an order of a department or city officer that is made on account of noncompliance with any provision of this subchapter, [[the appropriate department may take such steps are necessary to separate the recyclables and,]] pursuant to s. 66.0627, Wis. Stats., a special charge shall be made against the subject property[[ for services provided for separation of recyclables or other action to effect compliance]].
Part 6. Section 79-47-2-b of the code is repealed and recreated to read:
b. A person who fails to comply with s. 79-25 shall receive a written notice with respect to the alleged violation of s. 79-25. Failure to comply with s. 79-25 following such notification shall result in a special charge of $10, and the second and each subsequent violation within a calendar year shall result in a special charge of $25.
Part 7. Section 79-47-2-c of the code is amended to read:
c. Special charges made under this subsection shall be due and payable 30 days after billing or if not paid within that time become a lien on the subject property as provided in s. 66.0627, Wis. Stats. The lien shall take effect as of the date of the delinquency >>and shall include an administrative charge of $10<<. Such lien shall automatically be extended upon the current or next tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of the property for delinquent real estate taxes shall apply to such charge. Such charge shall not be payable in installments.
Part 8. Section 80-90 of the code is amended to read:
80-90. Penalties. Any person violating any of the following provisions of the chapter listed in column A shall be liable on conviction to the penalties listed in column B and described in ch. 61:
A B
80-3 Class E
80-6 to 7 Class E
80-12 Class E
80-13 Class E
80-15 Class D
80-17 [[Class E]] >>Class M<<
80-19 Class E
80-22 Class F
80-27 Class E
80-28 Class E
80-29 Class E
80-31 Class E
80-42 Class F
80-44 Class E
80-45 to 80-46.5 Class E
80-48 Class E
80-49 Class K
80-60 to 80-65-3 Class E
80-65-4 Class K
80-66 to 80-68 Class E
80-70 to 80-73 Class E
Part 9. Section 116-8-4 of the code is repealed and recreated to read:
116-8. Sidewalks to be Kept Clean.
4. PENALTY. Any person who fails to comply with this section shall receive a written notice with respect to the alleged violation. Failure to comply following such notification shall result in a charge of $25, and the second and each subsequent violation within a calendar year shall result in a charge of $50, in addition to removal costs.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB00411-2
lme
6/5/01
6/27/01 Clerical change made. Under " Sections " the following was added: " 80-90 am ".