Number
061136
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
An ordinance relating to an appeal process for emergency orders issued by the department of neighborhood services.
Sections
200-12.5-2-e am
200-12.5-4 cr
200-17-8 rn
200-17-8 cr
Analysis
This ordinance specifies the process for appealing emergency orders issued by the department of neighborhood services.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-12.5-2-e of the code is amended to read:
200-12.5. Emergency Orders.
2. CONTENT OF EMERGENCY ORDERS.
e. Advise the owner, operator or occupant(s) of the right of appeal. Anyone who is served an emergency order under this section may, prior to the time specified for compliance, appeal to the commissioner for a review of the reasonableness of the order. >>An appeals hearing shall be conducted pursuant to sub. 4.<< The order shall specify the time period in which an appeal must be brought and the procedures for filing the appeal.
Part 2. Section 200-12.5-4 of the code is created to read:
4. APPEALS HEARING. a. The appeals hearing shall occur within 72 hours after receipt of the appeal.
b. The commissioner, or the person appointed as the commissioner’s designee, shall conduct the appeals hearing. At the hearing, the appellant and the commissioner may be represented by an attorney and present evidence, call and examine witnesses and cross-examine witnesses of the other party. Such witnesses and the appellant shall be sworn by the commissioner.
c. The appellant’s attorney may issue a request to compel the attendance of witnesses or the production of evidence. The request issued by an attorney shall be in substantially the same form as provided in s. 805.07 (4), Wis. Stats., and shall be served in the same manner as provided in s. 805.07 (5), Wis. Stats. The attorney shall, at the time of issuance, send a copy of the request to all concerned parties.
d. The commissioner shall take notes of the testimony and shall mark and preserve all exhibits. The commissioner may, and upon request of the appellant shall, cause the proceedings to be taken by a stenographer or by a recording device, the expense thereof to be paid by the municipality.
e. Within 20 days of completion of the hearing conducted under this subsection and the filing of briefs, if any, the commissioner shall mail or deliver to the appellant his or her written determination stating the reasons therefore. Such determination shall be a final determination.
Part 3. Section 200-17-8 of the code is renumbered to 200-17-9.
Part 4. Section 200-17-8 of the code is created to read:
200-17. Standards and Appeals Commission.
8. NOTIFICATION OF HEARING. Upon successful filing of an application for appeal, which falls under the jurisdiction of the standards and appeals commission, the appeal shall be heard at the next regularly scheduled hearing provided the appeal is filed no later than 10 working days prior to that hearing date. Appeals filed within 10 working days of the next hearing shall be heard at the following regularly scheduled hearing. In cases involving raze orders, the initial hearing will be adjourned for one cycle to serve as a public notice. The appeal hearing will then be scheduled for the following hearing date. Notices mailed by first class mail to the appellant's mailing address on the appeal application or sent electronically as requested by the appellant shall be considered proper notification of hearing if mailed 10 calendar days prior to the scheduled hearing date.
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
Department Of Neighborhood Services
Drafter
LRB04109-1
aw
12/06/06