Number
040127
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. D'AMATO
Title
A substitute ordinance relating to occupancy and use of buildings, structures or premises for which a certificate or license is required.
Sections
200-42-1-a am
200-42-1-b am
275-20-2 am
Analysis
Current code provisions prohibit a person from occupying or using any building, structure or premises without the appropriate certificate. In addition to current provisions, this ordinance prohibits offering to occupy or use any building, structure or premises without such certificate.
Current code provisions also prohibit any person or firm from keeping, maintaining or operating for gain or profit, any licensed dwelling facility without first obtaining a license therefor. In addition to current provisions, this ordinance prohibits offering to keep, maintain or operate for gain or profit, any licensed dwelling facility without first obtaining the appropriate license.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-42-1-a and b of the code is amended to read:
200-42. Certificate of Occupancy.
1. WHEN REQUIRED. a. It shall be unlawful to occupy or use >>, or offer to occupy or use,<< any building, structure or premises now existing or hereafter erected unless or until a certificate of occupancy or certificate of zoning has been issued by the commissioner of city development. A separate certificate of occupancy shall be obtained for each occupancy and use stated in ch. 295 or any other regulation of this code.
b. It shall be unlawful to maintain, occupy or use >>, or offer to maintain, occupy or use,<< any building, structure, premises or part thereof that has been erected, constructed, altered or changed, occupied or used in violation of any regulation of this code or other laws or in violation of the code or other laws which were in effect and which applied to any existing building, structure, or premises, or part thereof at the time of its erection, construction, alteration, or change and designated occupancy or use.
Part 2. Section 275-20-2 of the code is amended to read:
275-20. Licensing of 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, >>or may offer to keep, maintain, conduct or operate for gain or profit,<< any licensed dwelling facility in the city without first obtaining a license therefore in the manner hereinafter provided.
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
Drafter
LRB04218-2
TWM/cac
5/26/2004