NUMB:
980694
VERS:
SUBSTITUTE 3
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance relating to historic preservation regulations.
SECS:
200-11-3 am
200-12-1 am
200-13-3 am
200-19-2 am
200-33-48 am
308-81-8-a am
308-81-9-a am
308-81-9-b-0 am
308-81-9-i rc
308-81-11 am
ANLS:
- Analysis -
This ordinance:
1. Provides that the department of building inspection may issue a stop-work order, an order to correct violations or a citation to any person who violates the city's regulations pertaining to construction, reconstruction, rehabilitation and demolition of historic sites, historic structures and improvements within historic districts (certificate of appropriateness regulations).
2. Authorizes the commissioner of building inspection to perform reinspections and charge reinspection fees relating to orders to correct violations of the certificate of appropriateness regulations.
3. Eliminates the requirement that the city plan commission submit a report on a proposed historic designation of a structure, site or area before the historic preservation commission makes a recommendation on the designation.
4. Specifies that applications for certificates of appropriateness to perform construction, reconstruction, rehabilitation or demolition of historic sites or structures shall be filed with the city's historic preservation officer, rather than with the commissioner of building inspection.
5. Explicitly authorizes the commissioner of building inspection to enforce the requirement to obtain a certificate of appropriateness and the conditions attached to such certificate.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-11-3 of the code is amended to read:
200-11. Enforcement.
3. STOPPING OF CONSTRUCTION WORK; UNSAFE CONSTRUCTION. Whenever the construction of any building, structure, equipment, or addition thereto, or alterations, or repairs thereto, or removal, or demolition thereof is being done contrary to the regulations of this code >>or contrary to s. 308-81-9 or the conditions of a certificate of appropriateness issued pursuant thereto<< , or is being done in an unsafe or dangerous manner, or not in accordance with the approved plans, specifications, and data, or with the terms of the permit granted therefor, the commissioner may, by means of a placard posted on the premises, order such work to be stopped at once and thereafter confirm such order by a written order served upon the owner of the premises and on the person engaged in or causing such work to be done, and any such persons shall immediately stop all such work until satisfactory evidence is presented to the commissioner that all of the provisions of the permit, this code, >>s. 308-81-9 and the conditions of a certificate of appropriateness issued pursuant thereto,<< Wisconsin Administrative Code, all other lawful orders of the Wisconsin Department of Commerce and other laws and ordinances applicable thereto will be complied with, at which time work can again be resumed providing authority is procured from the commissioner to recommence the work.
Part 2. Section 200-12-1 of the code is amended to read:
200-12. Orders to Correct Condition.
1. ISSUANCE OF ORDERS. Whenever the commissioner determines, or has reasonable grounds to believe, that a condition which violates this code >>or s. 308-81-9 and the conditions of a certificate of appropriateness issued pursuant thereto<< exists in any building, structure or premises or in the use of any equipment covered by this code or that any person builds contrary to the plans and specifications submitted to and approved by the commissioner, >>or the historic preservation commission in the case of a certificate of appropriateness,<< or that any person omits, neglects or refuses to do any act required by this code, the commissioner may order the owner, operator or occupant thereof to correct the condition. If placard action which requires posting of the order is warranted, it shall be as described in s. 200-11-6.
Part 3. Section 200-13-3 of the code is amended to read:
200-13. Inspections.
3. REINSPECTION. When violations of this code >>, or s. 308-81-9 or conditions of a certificate of appropriateness issued pursuant thereto,<< are found to exist, the commissioner may determine, upon reinspection, whether all installations, alterations, repairs, or enlargements resulting from said corrections are permanent, substantial and have been performed in a workmanlike manner.
Part 4. Section 200-19-2 of the code is amended to read:
200-19. Penalties.
2. In addition to other applicable enforcement procedures and pursuant to the authority of s. 66.119, Wis. Stats., the department may issue citations pursuant to the citation procedure set forth in s. 50-25 to any person violating any provision of ss. 200-11-3, 200-11-4, 200-11-5-c, 200-11-5-d, 200-11-6-d, 200-21.5, 200-24, 200-42, ch. 207, ch. 214, s. 218-9-6, ss. 222-19-1, 225-3-4 [[or]] >>,<< 225-3-5-a, ch. 236, s.244-3, s. 252-1, ch. 262, ch. 275, ch. 290 [[or]] >>,<< ch. 295 >>or s. 308-81-9<<.
Part 5. Section 200-33-48 of the code is amended to read:
200-33. Fees.
48. REINSPECTION FEE. To compensate for inspectional and administrative costs, a fee of $50 may be charged for any reinspection to determine compliance with an order to correct conditions of the building code >>or to comply with s. 308-81-9 or the conditions prescribed in a certificate of appropriateness issued pursuant thereto<< , except no fee shall be charged for the reinspection when compliance is recorded. Reinspection fees shall be charged against the real estate upon which the reinspections were made, shall be a lien upon the real estate and shall be assessed and collected as a special tax.
Part 6. Section 308-81-8-a of the code is amended to read:
308-81. Historic Preservation Commission.
8. NOMINATION AND DESIGNATION OF HISTORIC SITES, STRUCTURES AND DISTRICTS.
a. The commission shall schedule a public hearing on the question of the recommendation for designation. Notice of the time, place and purpose of the hearing shall be sent by certified letter at least 25 days prior to the hearing to the owner of the subject property. Notice shall also be given at least 25 days prior to the hearing to the city clerk [[,]] >>and<< to the [[aldermen]] >>common council member or members<< of the aldermanic district or districts in which the proposed designation is located [[, and to the city plan commission which shall submit a report within 25 days recommending, rejecting or withholding action]]. Following the public hearing [[and the receipt of a report from the city plan commission]], the commission shall vote to make recommendations to the common council regarding the designation.
Part 7. Section 308-81-9-a and b-0 of the code is amended to read:
9. REGULATION OF CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND DEMOLITION.
a. Application. Applications for certificates of appropriateness shall be filed with the [[commissioner of building inspection]] >>historic preservation officer<<, which certificate shall permit the applicant to proceed in accordance with this section. The [[commissioner of building inspection]] >>historic preservation officer<< shall immediately forward all applications to the commission for recommendation and report.
b. Review. Upon receipt of an application from the [[commissioner of building inspection]] >>historic preservation officer<<, the commission shall review the project at its next regular meeting. The commission may find the project appropriate and direct a certificate to be issued or it shall set a public hearing date within 30 days of its original review. When reviewing the certificate application, the commissioner shall consider:
Part 8. Section 308-81-9-i of the code is repealed and recreated to read:
i. Enforcement and Penalties. Any violations of this section shall be subject to the building code enforcement provisions of s. 200-11-3 and s. 200-12-1 and the penalty provisions of s. 200-19. The commissioner of building inspection shall be responsible for enforcement of this section.
Part 9. Section 308-81-11 of the code is amended to read:
11. SUPERVISION OF CERTIFICATE. The commissioner of [[the]] building inspection [[department]] or [[his]] >>the commissioner's<< appointed representative shall periodically inspect any undertaking authorized by a certificate of appropriateness. If the commissioner [[of the building inspection department]] shall detect a violation of the conditions or standards prescribed in the certificate, or any uncertified change of any structure, [[he]] >>the commissioner<< shall report such violations to the commission and take appropriate action under [[this section]] >>ss. 200-11-3, 200-12-1 and 200-19<<.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: _____________________
ZDPT:
Department of City Development
DFTR:
LRB98322.4
JDO
10/23/98
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