Number
050088
Version
SUBSTITUTE 1
.Reference
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to enforcement of codes against historic structures.
Sections
200-11.5 am
308-81-7-g am
308-81-12-0 am
308-81-12-a am
Analysis
Currently, except in cases where a structure poses an immediate threat to public health and safety, the commissioner of neighborhood services shall stay enforcement of building maintenance and razing regulations, against any vacant historically designated structure, provided that the owner of the structure has obtained a mothballing certificate or a mothballing permit.
This ordinance, deletes the word, "vacant" with respect to the enforcement of building maintenance and razing regulations.
BODY:
The Mayor and Common Council of the City of Milwaukee
do ordain as follows:
Part 1. Section 200-11.5 of the code is amended to read:
200-11.5. Enforcement of Codes Against Historic Structures. Except in cases where a structure poses an immediate threat to public health and safety, the commissioner shall stay enforcement of chs. 218 and 275 of this code and s. 66.0413, Wis. Stats., against any [[vacant]] structure which has local or national designation as an historic structure, or which is part of a local or national historic site or district, provided that the owner of such structure has obtained a mothballing certificate from the historic preservation commission, in accordance with the provisions of s. 308-81-12, and, subsequently, a mothballing permit from the department of city development upon payment of the fee provided in s. 200-33 and in compliance with any rules and regulations of the commissioner.
Part 2. Section 308-81-7-g of the code is amended to read:
308-81. Historic Preservation Commission.
7. FUNCTIONS, POWERS AND DUTIES.
g. Issue mothballing certificates to allow enforcement of the city's building maintenance and condemnation codes against [[vacant]] historic structures to be stayed.
Part 3. Section 308-81-12-0 and a of the code is amended to read:
12. MOTHBALLING CERTIFICATE. To prevent demolition of structures which should be left standing because of their historic significance, the historic preservation commission may grant the mothballing certificate required by s. 200-11.5 to allow the commissioner of neighborhood services to stay enforcement of property maintenance and condemnation codes against [[vacant]] structures which have been designated local or national historic structures or which are part of local or national historic sites or districts.
a. Application. The owner of any [[vacant]] structure with local or national historic designation may file an application for a mothballing certificate with the historic preservation officer, who shall immediately forward the application to the commission for recommendation and report. Application for a mothballing certificate may not be made for any structure which the commissioner of neighborhood services has determined poses an immediate threat to public health and safety.
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
LRB05160-2
RAC
6/7/05