NUMB:
991588
VERS:
ORIGINAL
REF:
XXBY:
THE CHAIR
TITL:
An ordinance relating to the environmental health board and appeals of health department lead hazard orders.
SECS:
66-22-13-b rc
66-61-3 rc
75-40-3 cr
ANLS:
- Analysis -
Currently, any person who seeks to appeal a health department lead hazard order or action may file an appeal with the environmental health board. The board must hold a hearing within 10 working days after receiving the appeal. This ordinance requires the board, within 10 days after receiving the appeal, to notify the appellant of the date, time and place of the hearing. The current 10-day deadline for holding a hearing is repealed.
The ordinance also specifies that each member of the environmental health board exercises a quasi-judicial function as an officer of the city.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 66-22-13-b of the code is repealed and recreated to read:
66-22. Lead Poisoning Prevention and Control Regulations.
13. APPEALS TO ENVIRONMENTAL HEALTH BOARD.
b. Upon receipt of a written appeal, the board shall within 10 days notify the appellant of the date, time and place of the hearing.
Part 2. Section 66-61-3 of the code is repealed and recreated to read:
66-61. Appeals to Environmental Health Board.
3. Upon receipt of a written appeal, the board shall within 10 days notify the appellant of the date, time and place of the hearing.
Part 3. Section 75-40-3 of the code is created to read:
75-40. Environmental Health Board.
3. FUNCTION. Each board member serves as an officer of the city exercising a quasi-judicial function within the scope of s. 893.80, Wis. Stats.
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:
Health Department
DFTR:
99431-2
CW
12/6/99