NUMB:
970452
VERS:
SUBSTITUTE 1
REF:
XXBY:
ALD. HENNINGSEN
TITL:
A substitute ordinance relating to licensing of licensed dwelling facilities.
SECS:
200-33-26 rp
275-20 rc
ANLS:
- Analysis -
This ordinance revises procedures for granting, renewing, revoking, suspending or denying renewal of licensed dwelling facilities.
Application for a licensed dwelling facility shall be made to the commissioner of building inspection and issued by the commissioner. If there is no objection filed against issuance of a license by any party, the commissioner shall issue a license. However, whenever a sworn written objection is filed by any interested party, the city clerk shall notify the commissioner of such objection. The utilities and licenses committee shall hold a hearing on whether or not to issue each new license and make a recommendation to the common council. If the common council grants a license notwithstanding any objection filed by any party, the commissioner shall issue a license to the applicant.
In addition, the ordinance specifies causes for revocation, suspension and nonrenewal of licenses. Denial of renewal, suspension or revocation proceedings may be instituted by the commissioner of health, commissioner of building inspection, the chief of police, any resident or neighbor of the licensed dwelling facility, any city resident, any building owner affected by the activity of the licensed dwelling facility, or by the utilities and licenses committee or a common council member. Written charges shall be verified and filed with the city clerk by the person bringing the complaint or objection. At the discretion of the chair, the utilities and licenses committee may employ a hearing officer for the purposes of taking testimony and rendering recommended findings of fact and conclusions of law to the committee.
BODY:
Whereas, Licensed dwelling facilities, particularly rooming houses, have, on numerous occasions, been found to negatively impact Milwaukee neighborhoods by attracting individuals who deal in drugs, engage in prostitution, panhandle, urinate in public, exhibit loud and confrontational behavior and litter on public and private property; and
Whereas, These problems undermine the integrity, stability and quality of life of surrounding neighborhoods and may ultimately trigger the departure of long-time residents and businesses and the depression of property values; and
Whereas, Problems at many rooming houses have resulted in numerous building code violations, police and fire calls, and complaints from neighborhood residents; and
Whereas, On several occasions, the City has received testimony from residents concerning the above-referenced to issuance of a problems; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-33-26 of the code is repealed and recreated to read:
200-33. Fees.
26. LICENSED DWELLING FACILITIES. a. License Period. Effective January 1, 1999, licenses shall be issued randomly through an administrative process by the department of building inspection as follows:
a-1. 1/3 of licenses issued for a period of 6 months.
a-2. 1/3 of licenses issued for a period of 9 months.
a-3. 1/3 of licenses issued for a period of 12 months.
b. Prorated Fees. The license fee shall be prorated based on the length of time for which the license is issued.
c. Renewal. Upon renewal, each license shall be issued for a period of one year from the date of issuance.
d. Hotels. The fee for a hotel permit shall be $200 per year.
e. Residential Living Facility.
e-1. Type I facility (8 occupants or less): $75.
e-2. Type II facility (9 occupants or more): $100.
f. Rooming House. f-1. Type I rooming house: $75.
f-2. Type II rooming house: $100.
g. Second Class Dwelling. g-1. Type I second class dwelling: $75.
g-2. Type II second class dwelling: $100.
h. The commissioner shall charge a fee of $75 for the processing of a late license renewal application for each licensed dwelling facility.
(See s. 275-20.)
Part 2. Section 275-20 of the code is repealed and recreated to read:
SUBCHAPTER 2
LICENSING
275-20. Licensing Of Licensed Dwelling Facilities. No person may operate or let to another for occupancy any licensed dwelling facility, except in compliance with the requirements of this section.
1. POLICY. The common council declares its purposes in adopting these provisions are to:
a. Protect the public health, safety and welfare of the people of the city.
b. Protect the character and stability of residential areas.
c. Correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health of persons occupying licensed dwelling facilities.
2. LICENSE REQUIRED. No person, firm or corporation, either as owner, operator, lessee, manager, officer or agent, may keep, maintain, conduct or operate for gain or profit, any licensed dwelling facility in the city without first obtaining a license therefor in the manner hereinafter provided.
3. APPLICATION. Application for a license shall be made to the commissioner upon forms furnished by the commissioner. The building owner or operator shall file with the license application an approved occupancy permit issued by the commissioner for the operation of the licensed dwelling facility. The forms shall contain the following information:
a. The name and street address of the applicant; if a partnership, it shall state the names and street addresses of all partners; if a corporation, it shall state the names and street addresses of all officers and directors; if a club, association or other organization, it shall state the names and street addresses of all officers. A post office number shall not be acceptable as an address. However, a preferred mailing address such as a post office number may be furnished to the commissioner in addition to the street addresses required in this subsection.
b. If the applicant is a nonresident of the Milwaukee county, the name and street address of a local representative inside the Milwaukee county limits who shall be a natural person upon whom service can be made under this chapter of a summons or other processes issued by any court. For the purpose of renewal, nonrenewal or revocation of a license, notices shall be sent to the nominated and appointed representative of a corporation. A post office number shall not be acceptable as an address. However, a preferred mailing address such as a post office number may be furnished to the commissioner in addition to the street addresses required in this subsection. Such local representative shall be authorized by the owner or owners of the licensed premises to exercise all management and control of the premises, including the power to evict residents or tenants.
c. The location and description of the specific dwelling facility to be licensed.
d. Previous adjudications of guilt of any violation of any federal or state law, or municipal ordinance committed by the applicant, operator, the local representative of the applicant, corporate agent of a corporate applicant, and of the officers and directors of a corporate applicant.
e. Such other information as the common council, the utilities and licenses committee or commissioner may from time to time require.
f. The application shall be verified under oath by the applicant or the applicant's duly authorized agent.
4. INVESTIGATIONS TO BE MADE. License applications shall be referred by the commissioner to the chief of police, the concerned common council member and the commissioner of health. The commissioner of building inspection shall investigate the dwelling facility to be licensed, and the commissioner of health shall inspect departmental records to determine if there are any outstanding health violations at the dwelling facility to be licensed. The chief of police shall investigate the applicant, operator, the local representative of the applicant and all of the officers and directors of a corporation. The commissioner of health and chief of police shall report their findings to the commissioner of building inspection. However, if as a result of such investigation, the commissioner of building inspection, commissioner of health or chief of police objects to issuance of a license, the report shall also be submitted to the utilities and licenses committee of the common council.
5. OBJECTION; COMMITTEE ACTION. a. Notice. a-1. A sworn written objection to issuance of a license may be filed with the city clerk by any interested party provided that such objection is filed no later than 14 calendar days following application with the commissioner. The city clerk shall notify the commissioner of such objection. The utilities and licenses committee shall hold a hearing on whether or not to issue each new license. No hearing shall be heard unless the city clerk's office has provided written notice to the applicant of the hearing and the basis of any objection. The notice shall be served upon the applicant by United States first class prepaid mail at least 5 business days prior to the date set for the hearing.
a-2. The notice shall contain:
a-2-a. The date, time and place of the hearing.
a-2-b. A statement to the effect that the possibility of denial of the license application exists and the reasons for possible denial. To the extent the city clerk has a written objection, it will be served with the notice.
a-2-c. A statement that an opportunity shall be given to the applicant to respond to and challenge any reason for denial and to present witnesses under oath, and confront and cross-examine opposing witnesses under oath.
a-2-d. A statement that the applicant may be represented by an attorney of the applicant's choice at the applicant's expense, if the applicant so wishes.
a-3. If it appears for the first time at the hearing that there will be objections, the matter shall be laid over until the next meeting, prior to which proper notice will be given.
b. Hearing. b-1. At the hearing the committee chair shall open the meeting by stating that a notice was sent and read the notice into the record unless the applicant admits notice. The chair shall advise the applicant that the applicant has an option to proceed with a due process hearing, represented by counsel, with all testimony both direct and cross-examination under oath, or that the applicant may simply make a statement to the committee.
b-2. A due process hearing shall be conducted in the following manner:
b-2-a. All witnesses shall be sworn in.
b-2-b. The chair shall ask those opposed to the granting of the license to proceed first.
b-2-c. The applicant shall be permitted an opportunity to cross-examine.
b-2-d. After the conclusion of the opponent's testimony, the applicant shall be permitted to present the applicant's own witnesses, subject to cross-examination.
b-2-e. Committee members and staff may ask questions of witnesses or the licensee.
b-2-f. Both proponents and opponents shall be permitted a brief summary statement.
b-2-g. The committee shall not be bound by common law or statutory rules of evidence.
c. Recommendations. c-1. The recommendations of the committee regarding the applicant shall be based on evidence presented at the hearing. Probative evidence concerning whether or not the license should be granted may be presented on the following subjects:
c-1-a. Whether or not the applicant or any employe, agent, officer or director of the applicant meets the statutory and municipal requirements for licensure.
c-1-b. The appropriateness of the location and premises to be licensed.
c-1-c. Whether such location will create undesirable neighborhood problems.
c-1-d. Whether there is an over-concentration of similarly licensed dwellings in the neighborhood.
c-1-e. Whether or not the applicant, local representative, or any officer or director of a corporation has been charged with or convicted of any felony, misdemeanor, municipal offense or other offense, the circumstances of which substantially relate to the licensed activity.
c-1-f. Any other factors which reasonably relate to the public health, safety or welfare.
c-2. The committee may make a recommendation immediately following the hearing or at a later date. Written notice of the committee's decision shall be provided if the decision is made at a later date or if the applicant was not present or represented. The committee shall forward its recommendation in writing to the common council for vote at the next meeting at which such matter will be considered. Upon conclusion of final common council action, the applicant shall be notified in writing of the decision of the common council.
6. NEW LICENSES. a. Issuance of Licenses. Whenever there is no objection to issuance of a license by any party, the commissioner shall issue a license to the person, firm or corporation applying therefor.
b. Granting by Council. Whenever the common council grants any license following a hearing by the utilities and licenses committee, the commissioner shall issue a license to the person, firm or corporation applying therefor.
c. License Requirements. In addition to payment of the license fee specified in s. 200-33, the license shall be issued when the building, structure or premises for which the license is sought shall conform in all respects to the provisions of this section and to the laws of this state and the ordinances of the city applying to such building, structures or premises.
d. Occupancy. Each license shall list the maximum number of persons that may reside in the total building or portion thereof for which the license is issued.
e. Expiration. A license shall expire on the date specified, unless sooner suspended or revoked as provided in this section.
f. License Fee. See s. 200-33 for the required license fee.
7. REGULATIONS. a. Posting of License. Every license issued under this section shall be posted in a conspicuous place at or near the principal entrance to the dwelling facility for which it is issued.
b. Operator or Building Owner to Control Occupancy. No operator or building owner may at any time allow a larger number of persons to occupy any sleeping rooms and sleeping dormitories located within a licensed dwelling facility than the maximum number of persons allowed by this code. No operator or building owner may at any time permit any person to occupy any sleeping room or sleeping dormitory which is not licensed.
c. Nontransferability of License. No license for a licensed dwelling facility may be transferred.
d. Relationship of License to Building Codes. The issuance of a license for a licensed dwelling facility shall not in any way insure that the licensed dwelling facility conforms with this code or the Wisconsin Administrative Code. The issuance of a license for a licensed dwelling facility shall not relieve the owner or operator of the responsibility for compliance with the applicable provisions of this code.
e. Bedding and Towels. Where sheets, pillow cases or towels are supplied to the occupants, they shall be changed whenever a new occupant is admitted. All supplied bedding and towels shall be maintained in a clean, sanitary and well-mended condition.
f. Mattresses. Where mattresses are furnished to the occupants, they shall be maintained in a clean, sanitary and well-mended condition. Mattresses shall be fire resistant or covered by a fire resistant cover that meets one of the following fire tests:
f-1. National Bureau of Standards NBS IR 77-1290 (1986).
f-2. United States Department of Commerce FF 4-72 (1986).
f-3. American Society for Testing and Materials ASTM D-568 or D-1692 or E-162 (1986).
f-4. California Standard Bulletin 117 or 121 (1986).
f-5. Any other national standard approved by the commissioner.
g. Shades, Drapes, Etc. Every window of every sleeping room and sleeping dormitory shall be supplied with shades, drapes, obscure glass or other devices which will afford privacy to the occupants.
h. Sanitary Maintenance. The operator and building owner of every licensed dwelling facility shall be responsible for the sanitary maintenance of all walls, floors and ceilings and for the maintenance of a sanitary condition in every other part of the licensed dwelling facility; and they shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building within which the licensed dwelling facility is contained is leased or occupied by the operator and the building owner. The occupant of every sleeping room or sleeping dormitory shall keep his or her personal belongings contained so as to facilitate the ability of the operator and building owner to discharge their responsibilities for sanitary maintenance with every sleeping room and sleeping dormitory as set forth in this subsection.
i. Garbage Disposal or Storage. Adequate garbage and rubbish disposal facilities or garbage and rubbish storage containers whose type and location are approved shall be supplied by the licensed dwelling facility operator and building owner. The operator and building owner shall be responsible for the disposal of all garbage and rubbish in a clean and sanitary manner through the use of approved mechanical equipment or by placing it in the required containers.
j. Hanging Screens, Storm Doors and Storm Windows. The operator and building owner of a licensed dwelling facility shall be responsible for hanging all screens and double or storm doors and windows whenever they are required under this chapter or any rule or regulation adopted under this chapter. Screens shall be hung not later than June 1 of each year.
k. Extermination Of Pests. The operator and building owner of a licensed dwelling facility shall be responsible for the extermination of any insects, rodents or other pests therein; and they shall be further responsible for such extermination on the entire premises where the entire structure or building within which the licensed dwelling facility is contained is leased or occupied by the operator and building owner. Notwithstanding provisions of this subsection, whenever infestation of a licensed dwelling facility is caused by the failure of the owner to maintain the dwelling within which the licensed dwelling facility is contained in a rat-proof or reasonably insect-proof condition, extermination shall be the responsibility of the owner.
L. Exits. Every licensed dwelling facility for 9 or more occupants shall have a minimum of 2 exits from each floor which shall be in compliance with this subsection. Every exit shall comply with the following:
L-1. It shall be easily accessible from every sleeping room and sleeping dormitory by passage through public passageways and without passing through any part of any other sleeping room or sleeping dormitory.
L-2. It shall be kept in such state of repair as to be usable in the event of an emergency.
L-3. It shall be unobstructed at all times.
L-4. All exit stairways of 4 or more risers shall have at least one handrail, and all stairways which are 5 feet or more in width or which are open on all sides shall have a handrail on each side.
L-5. All handrails shall be not less than 30 inches vertically above the nose of the stair treads and not less than 42 inches above stairway platforms.
m. Stairway Exit Enclosures. All rooming houses, residential living facilities and hotels which contain 9 or more occupants and all 2nd class dwellings that contain 5 or more 2nd class dwelling units shall have exit stairway enclosures which comply with par. n, except those with exterior stairways or fire escapes.
n. Room Separation. All existing licensed dwelling facilities shall have each sleeping room and sleeping dormitory separated from the hall, corridor and exitway by an enclosure which complies with the following minimum requirements:
n-1. The walls and the ceiling shall be covered with at least one layer of 1/2 inch drywall, plaster or equivalent.
n-2. Doors, panels and transoms shall be of 1.5 inch solid wood, or the door, panel and transom shall be covered with 16 gauge sheet metal screwed or otherwise securely fastened to the door, panel or transom or the equivalent of 1/2 inch of plywood or hardboard secured to the existing door, panel or transom or a labeled 20 minute door, panel or a transom and door frame with a minimum rating of 20 minutes. All doors panels and transoms shall be tightly fitted to the frames and the frames shall be maintained in a structurally sound condition. All such transoms shall be fixed in a closed position.
n-3. No cracks, holes, grills, windows or other openings shall be permitted between sleeping rooms or sleeping dormitories and the hall, corridor and exitway.
o. Negligence By Smokers. In each sleeping room of all hotels, rooming houses, and other places of public abode, a plainly printed notice shall be posted in a conspicuous place advising residents and guests of the regulations of s. 214-13.
p. Renewal Of Licenses. p-1. Application for the renewal of a license issued under this section shall be made to the commissioner upon forms provided by the commissioner. The commissioner shall refer the application to the chief of police, commissioner of health and concerned common council member. After report from the chief of police and the commissioner of health that the applicant still meets all licensing qualifications, the commissioner shall issue a license.
p-2. Application for renewal shall be made no later than 90 days prior to the expiration of a license. An applicant shall be notified on the renewal form that a license may lapse if application for renewal is not made at least 90 days prior to expiration of the license. In the event any license lapses, no activities for which a license is required shall be conducted at the dwelling facility until the common council grants and the city clerk issues another license for the licensed dwelling facility.
p-3. If the chief of police, commissioner of health or commissioner of building inspection has any objection to renewal of the license, he or she shall notify the utilities and licenses committee at least 60 days prior to the expiration of the license. The committee shall hold a hearing concerning the objection prior to recommending any action to the common council such that common council action can be completed before the expiration of the current license of the licensee. This provision is inapplicable if the application for renewal is late under the terms of subd. 2.
p-4. Any objection to renewal of a license issued under this section shall be based on reasons specified in par. q.
q. Causes for Revocation, Suspension and Nonrenewal of Licenses. Effective January 1, 1998, license issued under this section may be revoked, suspended or denied renewal for cause by the common council for any of the following reasons:
q-1. A conviction of the licensee, the licensee's agent, manager, operator or any other employe for keeping a gambling house or house of prostitution or for any violation of law, the circumstances of which are substantially related to the circumstances of the operation of the licensed dwelling facility.
q-2. The licensed dwelling facility is operated in such a manner that it generates complaints from neighbors or residents relating to, but not limited to, loud and raucous noise, undesirable activities of residents or guests of residents, and has a substantial adverse effect upon the health, safety, convenience or property interest(s) of the surrounding neighborhood.
q-3. The conviction of the licensee, local representative of the licensee or the officers or directors of a corporation, or any employe for any felony, misdemeanor or civil forfeiture the circumstances of which substantially relate to the operation of the licensed dwelling facility.
q-4. The police department receives calls for service at the licensed dwelling facility for such reasons and in such numbers as to indicate the dwelling facility constitutes a threat to the health, safety, convenience or property interest(s) of the surrounding neighborhood.
q-5. The licensed dwelling facility is in violation of this code or has had separate orders to correct violations issued on substantially the same code violations within an 18-month period.
q-6. The licensed dwelling facility is operated in such a manner that it constitutes a public or private nuisance or that conduct on or by the residents and guests of the licensed premises has had a substantial adverse effect upon the health, safety, convenience or property interest(s) of the immediate neighborhood.
q-7. The licensed building, structure or licensed dwelling facility does not conform or has not conformed in all respects to the building and zoning code, the Wisconsin Administrative Code, and all other ordinances, laws and lawful orders relating to the construction, maintenance, use or occupancy of such building, structure or premises.
q-8. The licensee, any employe, resident or guest of a resident of the licensee has had persons who, while going to, remaining at, or leaving that premises, violates any laws of the United States, state of Wisconsin or ordinances of the city.
q-9. The licensee, any employe, resident or guest of a resident of the licensed dwelling facility has had persons who have generated nuisances or engaged in disorderly conduct or disturbance of the peace while going to, remaining at or leaving the licensed dwelling facility.
q-10. The license was procured by fraudulent conduct or false statement of a material fact.
q-11. The licensed dwelling facility is incapable of housing more residents than can be conveniently and appropriately housed and has an adverse effect on the public health safety, welfare or property interest(s) of the adjoining property owners.
9. PROCEDURE FOR NONRENEWAL, REVOCATION, SUSPENSION OF LICENSES.
a. Proceedings. Denial of renewal, suspension or revocation proceedings may be instituted by the commissioner of health, the commissioner of building inspection, the chief of police, any resident or neighbor of the licensed dwelling facility, any city resident, any building owner affected by the activity of the licensed dwelling facility, or by the utilities and licenses committee or a common council member. Written charges shall be verified and filed with the city clerk by the person bringing the complaint. Written charges relating to renewal of a license shall be verified and filed no later than 60 days prior to the expiration of the license.
b. Notice of Nonrenewal of License. The utilities and licenses committee shall be responsible for holding hearings regarding the nonrenewal of licenses. If there is a possibility that the committee shall not renew a license, a motion shall be entertained to hold the application in committee and instruct the city clerk to forward proper notice to the applicant, unless such proper notice has already been sent, in which case the hearing shall proceed. Prior to the date set for the hearing, the city clerk's office shall forward notice to the applicant which shall contain:
b-1. The date, time and place of the hearing.
b-2. A statement of the possibility that the license might not be renewed in the event any objections to renewal are found to be true. To the extent the city clerk has written objections to renewal, they shall be sent with the notice.
b-3. A statement of the reasons for the possibility of nonrenewal.
b-4. A statement that an opportunity shall be given to respond to and challenge such reasons for nonrenewal and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
b-5. A statement that the applicant may be represented by an attorney of the applicant's choice at the applicant's expense, if the applicant so wishes.
c. Revocation; Complaint; Summons. c-1. Whenever either sworn written charges or a sworn written complaint are filed with the city clerk seeking revocation setting forth specific charges against a licensee involving conduct which would violate statutes or ordinances that are grounds for revocation or suspension of a license, the city clerk shall issue a summons demanding that the licensee appear before the utilities and licenses committee, not less than 3 days nor more than 10 days from the date of issuance, to show cause why the licensee should not be revoked or suspended.
c-2. A police officer or process server shall serve the summons upon a licensee or agent of a corporate licensee and shall also serve a copy of the complaint with a copy of this subsection upon the licensee.
d. Committee Hearing for Revocation or Objections to Renewal. d-1. Upon receipt of evidence that the notice has been sent or the summons has been served or the applicant for renewal of a license has been notified to objections to renewal, the utilities and licenses committee shall convene at the date and time designated in the notice or summons for the purpose of taking evidence and making findings of fact and conclusions of law and a recommendation to the common council in connection with the proposed nonrenewal, revocation or suspension.
d-2. If the licensee or agent of a corporate licensee appears before the committee at the time designated in the notice or summons and denies the charges contained in the notice or complaint, an evidentiary hearing in connection with the nonrenewal, revocation or suspension shall be conducted by the committee at that time. If the licensee or agent of a corporate licensee does not appear, or appears but does not deny the charges contained in the notice or complaint, the charges shall be taken as true and the committee shall hear the arguments of the complainant in connection with the nonrenewal, revocation or suspension.
d-3. At any evidentiary hearing required by this subsection, the complainant or objector shall first present evidence in support of the complaint or objection. The licensee may present evidence in opposition to the complaint or objection. Each may subpoena witnesses. All witnesses shall testify under oath and shall be subject to cross-examination under oath. At the close of the testimony, each shall be given a reasonable time to make arguments upon the evidence adduced at the hearing.
d-4. The chair of the utilities and licenses committee shall be the presiding officer. The chair shall direct that oaths be administered and subpoenas issued upon request of either side. The chair shall ensure that an orderly hearing is conducted in accordance with the requirements of this subsection. The chair shall rule on objections to the admissibility of evidence with the advice of the city attorney. Any ruling of the chair shall be final unless appealed to the committee, and the committee shall reverse such ruling only upon the vote of a majority of its members. The city attorney shall assist the chair in the conduct of any hearing required in this section.
d-5. The committee shall not be bound by common law or statutory rules of evidence.
d-6. At all stages of the proceedings before the committee or before the common council, the licensee or agent of a corporate licensee shall be entitled to appear both in person and by an attorney.
d-7. A stenographic record shall be made of all proceedings before the committee and before the common council when written exceptions have been filed. Any interested party may at any stage of the proceedings order a copy of the transcript of the record or portions thereof at his or her own expense.
e. Recommendation. The recommendation of the committee regarding the applicant shall be based on evidence presented at the hearing. Probative evidence concerning nonrenewal, revocation or suspension may include evidence of:
e-1. A conviction of the licensee, the licensee's agent, manager, operator or any other employe for keeping a gambling house or house of prostitution or for any violation of law, the circumstances of which are substantially related to the circumstances of the operation of the licensed dwelling facility.
e-2. The licensed dwelling facility is operated in such a manner that it generates complaints from neighbors or residents relating to, but not limited to, loud and raucous noise, undesirable activities of residents or guests of residents, and has a substantial adverse effect upon the health, safety, convenience or property interest(s) of the surrounding neighborhood.
e-3. The conviction of the licensee, local representative of the licensee or the officers or directors of a corporation, or any employe for any felony, misdemeanor or civil forfeiture the circumstances of which substantially relate to the operation of the licensed dwelling facility.
e-4. The police department receives calls for service at the licensed dwelling facility for such reasons and in such numbers as to indicate the dwelling facility constitutes a threat to the health, safety, convenience or property interest(s) of the surrounding neighborhood.
e-5. The licensed dwelling facility is in violation of this code or has had separate orders to correct violations issued on substantially the same code violations within an 18-month period.
e-6. The licensed dwelling facility is operated in such a manner that it constitutes a public or private nuisance or that conduct on or by the residents and guests of the licensed premises has had a substantial adverse effect upon the health, safety, convenience or property interest(s) of the immediate neighborhood.
e-7. The licensed building, structure or licensed dwelling facility does not conform or has not conformed in all respects to the building and zoning code, the Wisconsin Administrative Code, and all other ordinances, laws and lawful orders relating to the construction, maintenance, use or occupancy of such building, structure or premises.
e-8. The licensee, any employe, resident or guest of a resident of the licensee has had persons who, while going to, remaining at, or leaving that premises, violates any laws of the United States, state of Wisconsin or ordinances of the city.
e-9. The licensee, any employe, resident or guest of a resident of the licensed dwelling facility has had persons who have generated nuisances or engaged in disorderly conduct or disturbance of the peace while going to, remaining at or leaving the licensed dwelling facility.
e-10. The license was procured by fraudulent conduct or false statement of a material fact.
e-11. The licensed dwelling facility is incapable of housing more residents than can be conveniently and appropriately housed and has an adverse effect on the public health, safety, welfare or property interest(s) of the adjoining property owners.
f. Hearing Officer. Where it is impractical for the utilities and licenses committee to hold an evidentiary hearing, the committee may employ a hearing officer for the purposes of taking testimony and rendering recommended findings of fact and conclusions of law to the committee. When such hearing officer is employed, he or she shall prepare written findings of fact and conclusions of law which shall be simultaneously transmitted to the utilities and licenses committee as well as the licensee, the licensee's agent, manager, operator or any other employe of the licensee and to the person bringing the complaint or objection. The chair of the utilities and licenses committee shall schedule a hearing on the receipt of the report of the hearing officer in not more than 30 days from receipt of the report of the hearing officer. Notice of the utilities and licenses committee hearing on the report shall be given to all parties. The utilities and licenses committee may take and reserve additional evidence at the time of said hearing. The utilities and licenses committee may accept or reject the report of the hearing officer or make any changes to the report which are warranted by the circumstances, the evidence presented and any arguments of the parties who appeared before the hearing officer and the committee. The utilities and licenses committee shall transmit its recommendation to the full common council for action.
g. Committee Report. g-1. The committee shall prepare and serve a report. The report shall include specific findings of fact and conclusions of law made by the committee. The report shall be distributed to each member of the common council. The committee report may be prepared by the city attorney.
g-2. If the committee recommends that the license be nonrenewed, revoked, suspended or the number of persons allowed to reside in the licensed dwelling facility be altered, the licensee shall within 7 days of the receipt of the report and recommendation of the committee, file written exceptions, if any, to the report and recommendations of the committee. The committee shall provide the complainant and licensee a copy of the report. The licensee may file a written objection to the report and shall have the opportunity to present arguments in writing supporting the objection to the common council.
g-3. Any exceptions filed by the licensee to the report and recommendations of the committee shall be provided to each member of the common council at least 24 hours before any vote on the question is scheduled before the common council.
h. Council Action. h-1. At a meeting of the common council following the receipt of the report and recommendations of the committee, the common council shall consider the report and recommendation. Not less than 5 business days prior to the hearing before the common council, the city clerk shall notify the licensee or agent of a corporate licensee by United States first class prepaid mail, and the city attorney that the common council will convene. Notification by the clerk shall be complete upon mailing by United States first class prepaid mail. If written exceptions are filed, the hearing shall be at the time set for such proceedings by the council's rules. Each member of the common council shall be asked to affirm that he or she has read the report and recommendation of the committee. When written exceptions are filed to a committee report and recommendation that the license be suspended or revoked, each member of the common council shall be asked to affirm that he or she has read the exceptions. If members of the council have not read the recommendation and report of the committee and any exceptions that have been filed hereto, the chair shall allocate time for the members to do so. Oral argument in support of the report and recommendation presented by the city attorney and oral argument on behalf of the licensee in opposition to the report and recommendation shall be permitted only at the discretion of the chair. If such argument is permitted by the chair, each side shall be limited to 5 minutes and the arguments shall be limited to the subject matter of the report and recommendation and the written exceptions.
h-2. The common council shall determine by a majority vote of those in attendance and voting whether to adopt the recommendation of the committee. Such vote shall be a roll call vote. If the common council finds the complaint or objection to be true, or if there is no objection to a report recommending nonrenewal, suspension, revocation or alteration to the number of persons allowed to reside in the licensed dwelling facility, with the committee's report and recommendation, the city clerk shall give notice of each nonrenewal, suspension, revocation or alteration as to the number of persons allowed to reside in the licensed dwelling facility to the person whose license is denied renewal, suspended, revoked or altered to the number of persons allowed to reside in the licensed dwelling facility and to the department of building inspection. If the common council finds the complaint to be untrue, the proceedings shall be dismissed without cost to the licensee or agent of a corporate licensee. If the common council finds the complaint or objection to be malicious and without probable cause, the cost shall be paid by the complainant or objector upon invoice from the city.
i. Suspension Period. Licenses shall be suspended for not less than 5 calendar days nor more than 120 calendar days and shall take effect 60 days following the final action of the common council.
j. Service of Notification of Suspension, Revocation or Nonrenewal. Service of notification of a suspension, revocation or nonrenewal of a license can be accomplished by depositing the same in an envelope addressed to the licensee or local representative of the licensee and deposited with the United States postal service, first class, prepaid postage.
10. REQUEST TO SURRENDER A LICENSE. In the event that a licensee wishes to surrender his or her license after receiving a notice for a hearing on revocation or suspension, the licensee shall request, in writing, permission from the utilities and licenses committee of the common council to do so prior to the commencement of the hearing. The committee may approve the request, or deny the request and proceed with the suspension, revocation or nonrenewal hearing.
11. DISQUALIFICATION FOR LICENSE. a. Whenever a license is revoked or denied it shall be so entered of record by the city clerk and the department of building inspection and no other license shall be granted to such person within 12 months of the date of its revocation or denial, nor shall any part of the money paid for any license so revoked be refunded.
b. If the license was revoked for a reason relating to the fitness of the location, no other license for a licensed dwelling facility at that location shall be granted within 12 months from the date of the revocation of the license.
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:
DFTR:
LRB97474.10
11/17/97
TWM:bsw
22