Number
020593
Version
SUBSTITUTE 2
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relating to implementation of various provisions of the 2003 city budget.
Sections
50-20-2-b am
60-21-2 rc
61-20 cr
68-7 am
81-15-4 cr
81-21-2 am
81-38-3 cr
81-41.5 am
81-45-3 cr
81-50-7 cr
81-80-3 cr
81-102-3-a am
81-102-3-b am
81-102-3-c am
81-102-4-a am
81-102-4-b am
81-102-4-c am
81-102-5-a am
81-102-5-b am
81-102-5-c am
81-102-6-a am
81-102-6-b am
81-102-6-c am
81-102.1-1 am
81-102.1-2 am
81-102.1-3 am
81-102.1-4 am
81-102.1-6 am
81-102.1-7 am
81-102.1-8-a am
81-104.7 am
81-106.7-3 cr
81-107 am
81-114.6 rc
81-134 cr
98-13-1-a am
98-13-1-b am
98-13-1-c am
98-13-2-a am
98-13-2-b am
98-13-2-c am
98-13-3-a am
98-13-3-b am
98-13-3-c am
98-13-4-a am
98-13-4-b am
98-13-4-c am
99-5-14-e-0 am
99-5-14-e-1 am
99-5-14-e-2 am
99-6-2-p am
99-11-2-h am
99-13-3-b am
101-27-2-a rc
101-27-2-c rc
200-17-3-i cr
200-32-4 am
200-33-1-0 rn
200-33-1-b cr
200-33-2-d cr
200-33-4-d cr
200-33-5-f cr
200-33-6-c cr
200-33-8.5-d cr
200-33-11-w rc
200-33-11-zi cr
200-33-12 rc
200-33-13.5-c cr
200-33-14.5 rn
200-33-14.5-b cr
200-33-15 rn
200-33-15-b cr
200-33-15.5 rn
200-33-15.5-b cr
200-33-16 rn
200-33-16-b cr
200-33-19 rn
200-33-19-b cr
200-33-20 rn
200-33-20-b cr
200-33-21 rn
200-33-21-b cr
200-33-22 rn
200-33-22-b cr
200-33-23-L cr
200-33-24 rn
200-33-24-b cr
200-33-28 rn
200-33-28-b cr
200-33-29 rn
200-33-29-b cr
200-33-30-c cr
200-33-32 rn
200-33-32-b cr
200-33-34 rn
200-33-34-b cr
200-33-35-e cr
200-33-36 rn
200-33-36-b cr
200-33-40-f cr
200-33-41 rn
200-33-41-b cr
200-33-41.5 rn
200-33-41.5-b cr
200-33-42 rn
200-33-42-b cr
200-33-43-o cr
200-33-44 rn
200-33-44-b cr
200-33-45-d cr
200-33-46-d cr
200-33-49 rn
200-33-49-b cr
200-33-50-c cr
200-33-51-e cr
200-33-52-d cr
200-33-55-c cr
200-33-56-e cr
200-33-57 rn
200-33-57-b cr
200-33-58-h cr
200-33-61-c cr
200-33-61.5 rn
200-33-63-c cr
200-33-63.5 rn
200-33-63.5-b cr
200-33-64 rn
200-33-64-b cr
200-33-68 rn
200-33-68-b cr
200-52-2-c am
200-52-6-a am
200-52-6-d am
222-3 am
222-6 am
222-7 am
222-11 rc
222-12 rp
222-13-2-a am
308-1-2-L cr
309-51-2-a-3-a am
309-53-6-a am
309-54-3-e am
310-19-1-a am
310-19-3-c-0 am
310-19-3-c-1 am
310-19-3-c-3 am
310-19-3-d am
310-19-3-e am
320-12-3-b am
320-12-3-c rp
320-12-3-d rp
320-12-3-e rn
320-12-3-f rn
320-29-4 am
340-1-5 cr
340-1-6 cr
350-20-2-n rp
Analysis
This ordinance amends the Milwaukee code to implement a number of provisions in the 2003 city budget:
1. A processing fee of $3 is imposed for various building code and public works permits.
2. Food dealer licenses, public ways-special permits and special events-city services are increased incrementally.
3. Conduit system occupancy fees are increased 200%.
4. All references to the Pabst theater, the Pabst theater board and the theater's funding from the arts board fund are deleted.
5. Certificate of code compliance requirements in 6 designated areas are amended so that only an exterior inspection is required; previously interiors were inspected as well.
6. The electrical licensing and examining board is abolished and other provisions related to the board and qualifications for electrician licenses are amended. In the future an applicant for a city electrician license will comply with applicable provision of the state's electrical code (Comm 5, subch. IV, Wis. Adm. Code).
7. The activities provided by the neighborhood improvement development corporation and the agency are transferred from the department of neighborhood services to the department of city development.
8. The central board of purchases is abolished and all purchasing activities relating to the award of contracts exceeding $30,000 are transferred to purchasing staff. Appeals related to purchase bid specifications and contract awards will be heard by a newly created purchasing appeals board.
9. A contingent fund is authorized for the parking fund.
10. Fire and police commission staff and equal rights commission staff are transferred to the department of employe relations.
11. The change in the method of calculating the local sewerage charge, effective January 1, 2003, is modified. The change, per Common Council File Number 010869, passed April 23, 2002, effective January 1, 2003, would have based the charge on water consumption for the winter quarter. The modification uses actual water consumption for the winter quarter and actual water consumption of winter water consumption for the 3 subsequent quarters, whichever is less. In the event the winter quarter is 21 Ccf or less, then 21 Ccf or the actual water consumption , whichever is less, shall be the basis of the sewer user charge in any of the 3 subsequent quarterly billing periods.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 60-21-2 of the code is repealed and recreated to read:
60-21. Food Dealer's License.
2. The amount of an annual food dealer's license shall be the following:
a. Prepack restaurants:
a-1. For the license year 2002-03: $173.
a-2. For the license 2003-04 and each following license year: $181.
b. All other restaurants:
Anticipated Gross Fee for the license years:
Annual Sales for 2003-04
All Food Operations 2002-03 and following
Less than $20,000 $310 $329
$20,001-$200,000 480 509
$200,001-$2,000,000 735 779
Over $2,000,000 1,098 1,164
c. Food Stores-Processing:
Anticipated Gross Fee for the license years:
Annual Sales for 2003-04
All Food Operations 2002-03 and following
Less than $20,000 $216 $229
$20,001-$200,000 363 385
$200,001-$2,000,000 813 862
Over $2,000,000 1,294 1,372
d. Distributors/Food Stores-No Processing:
Anticipated Gross Fee for the license years:
Annual Sales for 2003-04
All Food Operations 2002-03 and following
Less than $20,000 $122 $129
$20,001-$200,000 179 190
$200,001-$2,000,000 332 352
Over $2,000,000 520 551
Part 2. Section 61-20 of the code is created to read:
61-20. Class N. Upon conviction of a Class N violation, a person shall forfeit not less than $500 nor more than $5,000. Each day of violation, disobedience, omission, neglect or refusal shall constitute a separate offense. Accumulated forfeitures recoverable in any one action shall not exceed $20,000. Upon default of payment, the violator shall be imprisoned not less than 4 days nor more than 80 days.
Part 3. Section 68-7 of the code is amended to read:
68-7. Penalty. Any person who violates or fails to comply with this chapter shall be liable upon conviction to a Class [[I]] >>N<< penalty as provided in s.[[61-15]]>>61-20<< in addition to any other penalty set forth herein. In addition, citations may be issued with or without prior notice as set forth in s. 50.25.
Part 4. Section 81-15-4 of the code created to read:
81-15. Building Mover Permits.
3. Processing Fee. There shall be a processing fee of $3 for each permit issued.
Part 5. Section 81-21-2 of the code is amended to read:
81-21. Cigarette and Tobacco License.
2. The fee for each license shall be [[$25]] >>$100<<.
Part 6. Section 81-38-3 of the code is created to read:
81-38. Concrete Contractor.
3. There shall be a processing fee of $3 for each license issued.
Part 7. Section 81-45-3 of the code is created to read:
81-45. Driveway Permit.
3. There shall be a processing fee of $3 for each permit issued.
Part 8. Section 81-50-7 of the code is created to read:
81-50. Excavation Permit and Inspection Fees for Work in the Public Right of
Way.
7. Processing Fee. There shall be a processing fee of $3 for each permit issued.
Part 9. Section 81-80-3 of the code is created to read:
81-80. Oversize or Overload Vehicle Permit.
1. There shall be a processing fee of $3 for each permit issued.
Part 10. Section 81-102-3-a to c, 4-a to c, 5-a to c and 6-a to c is amended to read:
81-102. Public Ways: Permits for Temporary Occupancy or Use as Public Ways.
3. SIDEWALKS.
a. The fee for a period of 7 days or less shall be [[$72]] >>$75<<.
b. For a period of 8 to 30 days, the fee shall be [[$117]] >>$120<<.
c. The fee for each succeeding month or portion thereof beyond 30 days shall be [[$117]] >>$120<<.
4. PARKING LANES.
a. The fee for a period of 7 days or less shall be [[$80]] >>$83<<.
b. For a period 8 to 30 days, the fee shall be [[$142]] >>$145<<.
c. The fee for each succeeding month or portion thereof beyond 30 days shall be [[$142]] >>$145<<.
5. TRAFFIC LANES AND ALLEYS.
a. The fee for a period of 7 days or less shall be [[$95]] >>$98<<.
b. For a period 8 to 30 days, the fee shall be [[$184]] >>$187<<.
c. The fee for each succeeding month or portion thereof beyond 30 days shall [[$184]] >>$187<<.
6. INSPECTION.
a. Sidewalks: [[$42]] >>$45<<.
b. Parking lanes: [[$42]] >>$45<<.
c. Traffic lanes and alleys: [[$73]] >>$75<<.
Part 11. Section 81-102.1-1 to 8-a of the code is amended to read:
81-102.1 Public Ways. Special Permits.
1. CURB AND GUTTER. The fee for restoration of curb and gutter with respect to the removal of a driveway shall be [[$85]] >>$88<<.
2. DRIVEWAYS TEMPORARY. The fee for installation of a temporary driveway (driveover curb) shall be [[$71]] >>$74<<.
3. FENCES. The fee for installation of a fence encroaching on the public right of way shall be [[$71]] >>$74<<.
4. HOLLOW WALKS. The fee for performance of any work on a sidewalk situated over a hollow walk shall be [[$76]] >>$79<<.
5. POLES . The fee for installing, replacing and removing utility poles shall be computed at [[$76]] >>$79<< per block face. A block face shall consist of both sides of the street and not exceed 100 house numbers. In instances when a block face of 100 houses numbers is divided by one or more intersecting public ways, each subdivision shall constitute a block face.
6. SIDEWALKS. The fee for replacing sidewalks shall be computed at [[$72]] >>$79<< for regular walks per block face and [[$129]] >>$132<< for full walks per block face. A block face shall consist of both sides of the street and not exceed 100 house numbers. In instances when a block face of 100 house numbers is divided by one or more interesting public ways, each subdivision shall constitute a block face.
7. STREET CUTS. The fee for replacing and filling street cuts shall be [[$129] >>$132 <<.
8. INSPECTION COSTS. a. An additional fee shall be charged for each permit under subs. 1 to 4, 6 and 7 to cover costs of inspection in the amount of [[$62]] >>$65<<.
Part 12. Section 81-104.7 of the code is amended to read:
Sewer Connection.
>>1. << The fee for connecting a private drain to a public sewer shall be $46.
>>2. There shall be a processing fee of $3 for each permit issued.<<
Part 13. Section 81-106.7-3 of the code is created to read:
81-106.7. Sidewalk Area Area Dining Permit.
3. There shall be a processing fee of $3 for each permit issued.
Part 14. Section 81-107 of the code is amended to read:
81-107. Signs or Decorations Attached to City-owned Poles. The fee for the attachment or each sign or decoration as provided for in s. 101-50-6 shall be [[$11]] >>$15<< per attachment.
Part 15. Section 81-114.6 of the code is repealed and recreated to read:
81-114.6 Special Events- City Services. The fee for each permit for provision of city services for special events shall be:
1. Class A Event: $1,360.
2. Class B Event: $ 290.
3. Class C Event $ 80.
4. Class D Event: No fee for issuance of a permit; however a fee shall be charged for services provided under sub.6.
5. Provision of additional public works services:
a. Dumpster.
a-1. 1 to 3 dumpsters: $180.
a-2. 4 to 6 dumpsters: $360.
a-3. 7 to 9 dumpsters: $540.
b. Barricade.
b-1. 1 to 4 barricades $ 20.
b-2. 5 to 20 barricades: $ 31.
b-3. Over 20 barricades $ 38 plus $5 for each barricade over 20.
c. Stage platform. $ 38.
c-1. Portable stage $123.
c-2. Fixed stage: $428.
d. Snow fence: $14 per square yard.
e. Temporary traffic signs: $16 each.
Part 16. Section 81-134 of the code is created to read:
81-34. Water Service. There shall be a processing fee of $3 for each permit issued. (See s. 97-3)
Part 17. Section 98-13- 1-a to c, 2-a to c, 3-a to c and 4-a to c of the code is amended to read:
98-13. Conduit System Occupancy Fees.
1. CLASS ONE:
a. [[$0.55]] >>$1.65<< per foot per year for sub-duct occupancy of up to one-third of a conduit duct.
b. [[$0.65]] >>$1.95<< per foot per year for sub-duct occupancy of more than one-third but less than two-thirds of a conduit duct.
c. [[0.75]] >>$2.25<< per foot per year for full occupancy of a conduit duct.
2. CLASS TWO:
a. [[$0.65]] >>$1.95<< per foot per year for sub-duct occupancy of up to one-third of a conduit duct.
b. [[$0.75]] >>$2.25<< per foot per year for sub-duct occupancy of more than one-third but less than two-thirds of a conduit duct.
c. [[0.85]] >>$2.55<< per foot per year per occupied conduit duct.
3. CLASS THREE
a. [[$0.75]] >>$2.25<< per foot per year for sub-duct occupancy of up to one-third of a conduit duct.
b. [[$0.85]] >>$2.55<< per foot per year for sub-duct occupancy of more than one-third but less than two-thirds of a conduit duct.
c. [[0.95]] >>$2.85<< per foot per year for full occupancy of a conduit duct.
4. CLASS FOUR
a. [[$15]] >>$45 per foot per year for sub-duct occupancy of up to one-third of a conduit duct, but in no case less than $7,500.
b. [[$30]] >>$90<< per foot per year for sub-duct occupancy of more than one-third but than two-thirds of a conduit duct, but in no case less than $15,000.
c. [[$35]] >>$105<< per foot per year for full occupancy of a conduit duct, but in case less than $17,500.
Part 18. Section 101-27-2-a and c of the code is repealed and recreated:
101-27. All Night Parking.
2. SPECIAL PERMIT. a. Vehicles may be parked during such hours, provided they shall first obtain a special privilege permit from the police department or other facilities authorized by the common council, after filing an application and paying a permit fee, all as required under this section, and shall be parked as authorized by such permit, as provided in sub. 5.
c. Any vehicle for which a person is applying for a special privilege permit may be inspected for purposes of determining eligibility for the permit as provided in this section.
Part 19. Section 200-17-3-i of the code is created to read:
200-17. Standards and Appeals Commission.
3. POWERS AND DUTIES.
i. The commission shall hear all appeals of decisions of the commissioner of neighborhood services relative to suspension or revocation of electrical licenses or failure to meet qualifications for an electrical license under ch. 222. The commission may, by a concurring vote of the majority of its members, reverse or affirm, wholly or partly, or modify the decision of the commissioner, and shall make such order or determination as in its opinion ought to be made.
Part 20. Section 200-32-4 of the code is amended to read:
200-32. Permit Fees.
4. GOVERNMENTAL UNITS. Where the effect of requiring any fee provided in s.200-33 would be to cause a charge to the city of Milwaukee, [[the Pabst theater,]] the Milwaukee board of school directors, the housing authority or the redevelopment authority, the fee shall not be charged.
Part 21. Section 200-33-1-0 of the code is renumbered 200-33-1-a.
Part 22. Section 200-33-1-b of the code is created to read:
200-33. Fees.
1. AIR AND SUBTERRANEAN SPACE.
b. There shall be a processing fee of $3 for each and subterranean space lease.
Part 23. Section 200-33-2-d of the code is created to read:
2. ALTERATIONS AND REPAIRS.
c. There shall be a processing fee of $3 for each alteration or repair.
Part 24. Section 200-33-4-d of the code is created to read:
4. AWNINGS.
d. There shall be a processing fee of $3 for each permit issued.
Part 25. Section 200-33-5-f of the code is created to read:
5. BUILDING PERMITS.
f. There shall be a processing fee of $3 for each type of building or structure permit issued under this subsection.
Part 26. Section 200-33-6-c of the code is created to read:
b. CANOPIES.
c. There shall be a processing fee of $3 for each permit issued.
Part 27. Section 200-33-8.5-d of the code is created to read:
8.5 CERTIFICATES OF OCCUPANCY AND ZONING.
d. There shall be a processing and zoning fee of $3 for each certificate of occupancy or zoning.
Part 28. Section 200-33-11-w of the code is repealed and recreated to read:
200-33. Fees.
11. ELECTRICAL INSTALLATIONS AND REPAIRS.
w. Reinspection fee (assessed on second inspection for compliance and each additional inspection after the second): $50. Failure to pay reinspection fees after one notice may result in suspension or revocation of the electrical license by the commissioner.
Part 29. Section 200-33-11-zi of the code is created to read:
11. ELECTRICAL INSTALLATIONS AND REPAIRS.
zi. There shall be a processing fee of $3 for each electrical installation or repair permit issued.
Part 30. Section 200-33-12 of the code is repealed and recreated to read:
12. ELECTRICAL LICENSES. a. Fees.
a-1. Type C Electrical Contractor License.
a-1-a. Original license: $200.
a-1-b. Renewal: $100. (renewable each year before August 31.)
a-2. Type M Electrical Maintenance License.
a-2-a. Original license: $150.
a-2-b. Renewal: $75. (renewable each year before August 31.)
a-3. Type E Elevator Electrical Contractor License.
a-3-a. Original license: $200.
a-3-b. Renewal: $100. (renewable each year before August 31.)
b. Refunds. Any person who pays the required fee for an electrical license and withdraws the application before action is taken by the commissioner may request a refund. A $10 charge shall be deducted to cover administrative costs.
Part 31. Section 200-33-13.5-c of the code is created to read:
13.5. EROSION CONTROL.
c. There shall be a processing fee of $3 for each erosion control permit issued.
Part 32. Section 200-33-14.5 of the code is renumbered 200-33-14.5-a.
Part 33. Section 200-33-14.5-b of the code is created to read:
14.5. FENCES.
b. There shall be a processing fee of $3 for each fence construction permit issued.
Part 34. Section 200-33-15 of the code is renumbered 200-33-15-a.
Part 35. Section 200-33-15-b of the code is created to read:
15. FESTIVALS.
b. There shall be a processing fee of $3 for each festival permit issued.
Part 36. Section 200-33-15.5 of the code is renumbered 200-33-15.5-a.
Part 37. Section 200-33-15.5-b of the code is created to read:
15.5. FILLING PERMIT.
b. There shall be a processing fee of $3 for each filling permit issued.
Part 38. Section 200-33-16 of the code is renumbered 200-33-16-a.
Part 39. Section 200-33-16-b of the code is created to read:
16. FIRE ESCAPE.
b. There shall be processing fee of $3 for each fire escape permit issued.
Part 40. Section 200-33-19 of the code is renumbered 200-33-19-a.
Part 41. Section 200-33-19-b of the code is created to read:
19. FLAMMABLE LIQUIDS OR SOLIDS, VAULT OR ROOM.
b. There shall be processin fee of $3 for each permit issued.
42. Sction 200-3-20 of the code is renumbered 200-33-20-a.
Part 43. Section 200-33-20-b of the code is created to read:
20. FLOOD PLAIN FILL PERMIT.
b. There shall be a processing fee of $3 for each flood plain fill permit issued.
Part 44. Section 200-33-21 of the code is renumbered 200-31-21-a.
Part 45. Section 200-33-21-b of the code is created to read:
21. FLOOD PLAIN LOCATION CERTIFICATE.
b. There shall be processing fee of $3 for each flood plain location certificate issued.
Part 46. Section 200-33-22 of the code is renumbered 200-33-22-a.
Part 47. Section 200-33-22-b of the code is created to read:
22. GRANDSTANDS.
b. There shall be processing fee of $3 for each permit issued.
Part 48. Section 200-33-23-L of the code is created to read:
23. HEATING AND VENTILATING SYSTEMS.
L. Processing Fee. There shall be a processing fee of $3 for each permit issued.
Part 49. Section 200-33-24 of the code is renumbered 200-33-24-a.
Part 50. Section 200-33-24-b of the code is created to read:
24. HEATING FROM CENTRAL OR DISTRICT SYSTEM.
b. There shall be processing fee of $3 for each permit issued.
Part 51. Section 200-33-28 of the code is renumbered 200-33-28-a.
Part 52. Section 200-33-28-b of the code is created to read:
28. MORE THAN ONE OCCUPANCY.
b. There shall be processing fee of $3 for each permit issued.
Part 53. Section 200-33-29 of the code is renumbered 200-33-29-a.
Part 54. Section 200-33-29-b of the code is created to read:
29. MOTOR VEHICLE EXHIBITION.
b. There shall be processing fee of $3 for each permit issued.
Part 55. Section 200-33-30-c of the code is created to read:
30. MOVING.
c. There shall be processing fee of $3 for each permit issued.
Part 56. Section 200-33-32 of the code is renumbered 200-33-32-a.
Part 57. Section 200-33-32-b of the code is created to read:
32. OCCUPANCY CERTIFICATE, CHANGES OR REPLACEMENT.
b. There shall be processing fee of $3 for each permit issued.
Part 58. Section 200-33-34 of the code is renumbered 200-33-34-a.
Part 59. Section 200-33-34-b of the code is created to read:
34. PERMIT RENEWAL.
b. There shall be a processing fee of $3 for each permit issued.
Part 60. Section 200-33-35-e of the code is created to read:
35. PLAN EXAMINATION, BUILDING, AUTOMATIC, SPRINKLER, HEATING AND VENTILATING.
e. There shall be a processing fee of $3 for each plan examination or other review under this subsection.
Part 61. Section 200-33-36 of the code is renumbered 200-33-36-a.
Part 62. Section 200-33-36-b of the code is created to read:
36. PLAN EXAMINATION, EXTENSION.
b. There shall be a processing fee of $3 for each plan examination extension.
Part 63. Section 200-33-40-f of the code is created to read:
40. PLAN EXAMINATION, PLUMBING.
f. There shall be a processing fee of $3 for each plumbing plan examination.
Part 64. Section 200-33-41 of the code is renumbered 200-33-41-a.
Part 65. Section 200-33-41-b of the code is created to read:
41. PLAN EXAMINATION, SIGNS.
b. There shall be a processing fee of $3 for each sign plan examination.
Part 66. Section 200-33-41.5 of the code is renumbered 200-33-4l.5-a.
Part 67. Section 200-33-41.5-b of the code is created to read:
41.5. PLAN EXAMINATION, STORM WATER.
b. There shall be a processing fee of $3 for each storm water plan examination.
Part 68. Section 200-33-42 of the code is renumbered 200-33-42-a.
Part 69. Section 200-33-42-b of the code is created to read:
42. PLAN EXAMINATION, STRUCTURAL PLANS.
b. There shall be a processing fee of $3 for each structural plan examination.
Part 70. Section 200-33-43-o of the code is created to read:
43. PLUMBING.
o. There shall be a processing fee of $3 for each plumbing permit issued.
Part 71. Section 200-33-44 of the code is renumbered 200-33-44-a.
Part 72. Section 200-33-44-b of the code is created to read:
44. PRESSURE PIPING SYSTEMS HANDLING FLAMMABLE AND COMBUSTIBLE LIQUIDS.
b. There shall be a processing fee of $3 for each permit issued.
Part 73. Section 200-33-45-d of the code is created to read:
45. PUMPS, FLAMMABLE LIQUID.
d. There shall be a processing fee of $3 for each permit issued.
Part 74. Section 200-33-46-d of the code is created to read:
46. RAZING.
d. There shall be a processing fee of $3 for each permit issued under par. a or b.
Part 75. Section 200-33-49 of the code is renumbered 200-33-49-a.
Part 76. Section 200-33-49-b of the code is created to read:
49. RENEWING OF PERMIT.
b. There shall be a processing fee of $3 for renewing a permit.
Part 77. Section 200-33-50-c of the code is created to read:
50. SEWAGE DISPOSAL SYSTEM.
c. There shall be a processing fee of $3 for each sewage disposal system permit.
Part 78. Section 200-33-51-e of the code is created to read:
51. SIGNS.
e. There shall be a processing fee of $3 for each permit issued.
Part 79. Section 200-33-52-d of the code is created to read:
52. SPRINKLER, STANDPIPE AND SUPPRESSION SYSTEMS.
d. There shall be a processing fee of $3 for each permit issued.
Part 80. Section 200-33-55-c of the code is created to read:
54. STREET-WALK BASEMENTS.
c. There shall be a processing fee of $3 for each permit issued.
Part 81. Section 200-33-56-e of the code is created to read:
55. STREET-WALK OPENINGS.
e. There shall be a processing fee of $3 for each permit issued.
Part 82. Section 200-33-57 of the code is renumbered to 200-33-57-a.
Part 83. Section 200-33-57-b of the code is created to read:
57. SUBTERRANEAN SPACE LEASES.
b. There shall be a processing fee of $3 for lease. (see Air and Subterranean Space lease fee.)
Part 84. Section 200-33-58-h of the code is created to read:
58. TANKS, LIQUID STORAGE.
h. There shall be a processing fee of $3 for each permit issued.
Part 85. Section 200-33-61-c of the code is created to read:
61. TENTS.
c. There shall be a processing fee of $3 for each tent permit issued.
Part 86. Section 200-33-61.5 of the code is renumbered 200-33-61.5-a.
Part 87. Section 200-33-61.5-b of the code is created to read:
61.5. TITLE SEARCH.
b. There shall be a processing fee of $3 for each title search.
Part 88. Section 200-33-63-c of the code is created to read:
63. UNDERGROUND FIRE PROTECTION PIPING FOR FOAM LINES.
c. There shall be a processing fee of $3 for each permit issued.
Part 89. Section 200-33-63.5 of the code is renumbered 200-33-63.5-a.
Part 90. Section 200-33-63.5-b of the code is created to read:
63.5. VARIANCES, STATE BUILDING CODE.
b. There shall be a processing fee of $3 for each petition issued.
Part 91. Section 200-33-64 of the code is renumbered 200-33-64-a.
Part 92. Section 200-33-64-b of the code is created to read:
64. WOOD STOVE OR PREFABRICATED FIREPLACES.
b. There shall be a processing fee of $3 for each permit issued.
Part 93. Section 200-33-68 of the code is renumbered 200-33-68-a.
Part 94. Section 200-33-68-b of the code is created to read:
68. ZONING STATEMENT.
c. There shall be a processing fee of $3 for each zoning statement.
Part 95. Section 200-52-2-c of the code is amended to read:
200-52. Certificate of Code Compliance.
2. DEFINITIONS.
c. "Certificate of code compliance" means a written and signed statement prepared by the commissioner after an inspection has been made, that [a] >>the exterior condition of a<< dwelling is in compliance with the building maintenance code.
Part 96. Section 200-52-6-a and d of the code is amended to read:
6. INSPECTION PROCEDURE.
a. Upon proper application and the payment of the required fee, the department shall send a building inspector to inspect the >>exterior condition of the<< dwelling for its conformity with the building maintenance code.
d. The department shall issue a certificate or code compliance only after it has inspected the dwelling and found that [[it conforms]] >>its exterior conditions conform << to the building maintenance code and that there also no outstanding orders issued against it pursuant to s. 308-81.
Part 97. Section 222-3 of the code is amended to read:
222-3. Interpretation. Pursuant to s. 200-33 the commissioner shall have the authority to render interpretations of the regulations of this chapter [[, except regulations relating to the electrical licensing and examining board]] .
Part 98. Section 222-6 of the code is amended to read:
222-6. City Not Liable. This chapter shall not be construed to relieve from or lessen the responsibility or liability of any person supplying electricity to, or selling, or renting, or leasing, owning, using, operating, controlling, installing, altering, repairing, removing, replacing, disturbing, connecting, disconnecting, or maintaining any electrical equipment, for damages to persons or property caused by any defect therein or therefrom; nor shall the city be held as assuming any such responsibility or liability by reason of the issuance or revocation of any license [[,]] >>or<< permit [[or certificate]] , or the inspection or reinspection authorized by this chapter, or by reason of the approval or disapproval of any electrical equipment, sales, rentals, drawings, plans, specifications, materials, samples, test reports, literature, information or schedules authorized in this chapter. Nor shall the city be held liable for any damages resulting from the enforcement of this chapter.
Part 99. Section 222-7 of the code is repealed and recreated to read:
222-7. Commissioner Not Liable. In all cases where any action is taken by the commissioner to enforce the regulations of this chapter, such action shall be considered as done in the name of and on behalf of the city. The commissioner, in so acting for the city, shall not be judged as liable for any damage that may accrue to persons or property as a result of any such action committed in the discharge of the commissioner's duties. Any lawsuit or action brought against the commissioner relating to the commissioner's enforcement of the regulations of this chapter shall be defended by the city attorney until final termination of the proceedings contained therein.
Part 100. Section 222-11 of the code is repealed and recreated to read:
222-11. Electrical Licenses. 1. TYPES. There are established 3 types of electrical licenses as follows:
a. Type C electrical contractor's license. This license authorizes the holder to obtain electrical permits for any work regulated by this chapter.
b. Type M electrical maintenance license. This license authorizes the holder to obtain electrical permits for repair and replacement work regulated by this chapter.
c. Type E elevator electrical contractor's license. This license authorizes the holder to obtain elevator permits for work regulated by this chapter.
2. LICENSE REQUIRED. No person shall install, alter, repair, remove, renew, replace, disturb, connect, disconnect or maintain any electrical equipment or accept any payments therefor in the city without first having procured the proper license or a renewal as regulated in this section, except a person who is performing such work as a bona fide employe of and the holder of proper license, or is performing work on electrical equipment exempt under s. 222-1-2.
3. CONTRACTS. A contract to install, alter, repair, remove, renew, replace, disturb, connect, disconnect or maintain electrical equipment may be entered into by a person who does not hold any of the licenses regulated in this section, provided such fact is made known to all parties concerned and the actual work is performed by a holder of a license as required herein. A person selling electrical work shall be licensed in accordance with s. 95-14.
4. QUALIFICATIONS FOR LICENSES. a. Type C License. An applicant for a Type C electrical contractor's license or renewal thereof shall comply with ch. Comm 5, subch. IV, Wis. Adm. Code, as amended, or shall submit an affidavit to the effect that a person holding state master electrician certification will be a bona fide full-time employe of the applicant, and that such master electrician certificate holder will have complete and unquestionable authority and supervision over all work regulated by this chapter.
b. Type M License. An applicant for a Type M electrical maintenance license or renewal thereof shall comply with ch. Comm 5, subch. IV, Wis. Adm. Code, as amended, or shall submit an affidavit to the effect that a person who has completed a certificate program or associate degree program at an accredited college or technical school in a field directly related to electrical installations or wiring, or a state of Wisconsin apprenticeship program in the same field, will be a bona fide full-time employe of the applicant, and that such person will have complete and unquestionable authority and supervision over the electrical maintenance and repair work in the building or structure (plant) of the employer.
c. Type E License. An applicant for a Type E elevator electrical contractor license or renewal thereof shall comply with ch. Comm 5, subch. IV, Wis. Adm. Code, as amended.
5. LICENSING PROCEDURE. a. Applications. All applications for electrical licenses shall be made to the commissioner on forms furnished for such purpose.
b. Type C License. The commissioner shall review and approve or disapprove the license or license renewal application. In the case of approval, the commissioner shall issue a Type C electrical contractor license permitting the licensee to install, alter, repair, remove, renew, replace, disturb, connect, disconnect or maintain any electrical equipment and accept payment therefor. Before such license or renewal is issued, the applicant shall have on file with the commissioner a certificate of insurance as required in sub. 10 and pay the license fee required by s. 200-33.
c. Type M License. The commissioner shall review and approve or disapprove the license or license renewal application. In the case of approval, the commissioner shall issue a Type M electrical maintenance license permitting the licensee to maintain and keep in a good state of repair, or to replace, all existing electrical equipment solely within the building or structure (plant) in which the licensee is employed. In no case, however, shall the licensee be permitted to install or construct any additional electrical equipment. All equipment replacement shall require permits and the payment of permit fees in the amounts specified in s. 200-33. Before a Type M license is issued or renewed, the applicant shall pay the license fee required by s. 200-33.
d. Type E License. The commissioner shall review and approve or disapprove the license or license renewal application. In the case of approval, the commissioner shall issue a Type E elevator electrical contractor license permitting the licensee to install, alter, repair, remove, renew, replace, disturb, connect or disconnect, or maintain any elevator electrical equipment in the city and accept payment therefor. This shall include the wiring from the control mechanism switchbox and all electrical circuits required for cab lights, signals and motors that pertain to elevator installations. Before a Type E license is issued or renewed, the applicant shall pay the license fee required by s. 200-33.
6. NOT TRANSFERABLE. No license issued under this chapter shall be assignable or transferable, and no license shall be used by persons other than to whom issued.
7. RENEWALS. No renewal of any license shall be granted until the applicant has fully complied with this chapter. All licenses and renewals shall expire on August 31. No prorated licenses or license fees shall be permitted. Whenever a license is allowed to lapse or is revoked, a new license will be issued only upon submission of an application for a new license, satisfactory compliance with the requirements for a new license and payment of the fee for an original license.
8. TERMINATION. In the event that the full-time services of a supervising electrician are interrupted or terminated, the holder of the license shall immediately notify the commissioner in writing and the license shall become null and void immediately upon such notification. The licensee shall cease to perform electrical work until a new application and affidavit are filed, as required by subs. 4 and 5, and a new license is issued, except that no additional license fees shall be paid within the same license year.
9. SUSPENSION OR REVOCATION. a. General. Upon complaint of the commissioner, or by affidavit filed with the commissioner by any other person, the commissioner shall have the authority and is empowered to suspend for a period of not more than 60 days, or to revoke, any Type C, Type M or Type E electrical license at any time for any violation of this chapter, or for any other good and sufficient cause. Any suspended or revoked license shall be immediately surrendered to the commissioner.
b. Failure to Comply. Whenever a license holder fails to comply with 2 consecutive notices served by the commissioner relating to violations of this code on the same subject on any one premises, the license holder's license shall be subject to suspension or revocation, as determined by the commissioner.
c. Appeals. Any action of the commissioner taken under this subsection may be appealed to the standards and appeals commission in accordance with the provisions of s. 200-17.
10. EXISTING LICENSES. All persons or firms holding Type C electrical contractor licenses, Type M electrical maintenance licenses and Type E elevator electrical contractor licenses as of the effective date of this ordinance [city clerk to insert date] shall continue to be licensed under the provisions of this section. Where a licensee possesses a Class 1 master electrician's certificate or a Class 2 maintenance electrician's certificate of qualification, as provided for in this chapter prior to the effective date of this ordinance [city clerk to insert date], the licensee shall be considered eligible for a license, even if the licensee does not meet the qualifications of sub. 4.
11. INSURANCE. a. Except as regulated in par. d, it shall be unlawful for any person to engage in the work of electrical contracting or to obtain a license as an electrical contractor without first having executed and deposited with the commissioner a certificate of general liability and property damage insurance in the sum of not less than:
a-1. $10,000 per person.
a-2. $20,000 per accident for bodily injury liability.
a-3. $5,000 property damage liability.
b. The certificate of insurance shall be in the form designated by the commissioner and shall be approved by the commissioner as to the sufficiency of surety, with the form and execution to be approved by the city attorney.
c. The insurance certificate issued pursuant to this section shall apply to the same period for which the license is issued and shall provide that the licensee will give 10 days' notice to the commissioner of cancellation, expiration or intent not to renew; otherwise, such insurance shall continue in full force and effect.
d. This subsection does not apply to self-insured companies, industries or governmental agencies approved by the commissioner and the city attorney, such as, but not limited to, the following:
d-1. Companies or industries regulated under ch. 196, Wis. Stats.
d-2. Agencies of the federal, state, county or municipal government.
Part 101. Section 222-12 of the code is repealed.
Part 102. Section 222-13-2-a of the code is amended to read:
222-13. Permits.
2. APPLICATIONS FOR PERMIT.
a. Any holder of a Type C, Type M or Type E license desiring a permit as required by this chapter shall file with the commissioner of city development an application for such permit in writing on a form furnished for such purpose. Such application shall be signed by the [[licensee and the licensee's holder of a Class 1, Class 2 or Class 3 certificate]] >>supervising electrician of the applicant's business<<.
Part 103. Section 308-1-2-L of the code is created to read:
308-1. Department of City Development.
2. FUNCTIONS, POWERS AND DUTIES.
L. To provide assistance related to housing activities that encourage reinvestment in residential property as part of an overall neighborhood economic stabilization strategy.
Part 104. Section 310-19-1-a of the code is amended to read:
310-19. Purchasing Appeals Process.
1. DEFINITIONS.
a. "Board" means the [[central board of purchases]] >>purchasing appeals board<<.
Part 105. Section 310-19-3-c-0 and c-1, c-3, d and e of the code is amended to read:
3. SPECIFICATION APPEALS.
c. The purchasing director shall schedule a hearing before [[the appropriate subcommittee of]] the board to be held prior to the bid opening.
c-1. All members of the [[subcommittee]] >>board<< shall be sent materials sufficient for them to consider the appeal and make a prompt decision.
c-3. The [[subcommittee]] >>board<< shall conduct the hearing and make a determination prior to adjournment and prior to bid opening as to whether to grant, in whole or in part, or deny the appeal. The [[subcommittee]] >>board<< shall keep a tape recorded record of its deliberations and decisions.
d. If the appeal is granted, in whole or in part, the appellant and all parties notified under par. c-2 shall be notified in writing of the decision of the >>board<< [[subcommittee]], including any changes in specifications, any need to rebid and any rescheduled bid opening date. If the appeal is denied, the appellant shall be notified in writing of the decision of the [[subcommittee]] >>board<<.
e. Within 10 working days of its decision under par. d, the [[subcommittee]] >>board<< shall file with the board its written findings and conclusions in support of its decision.
Part 106. Section 320-12-3-b of the code is amended to read:
320-12. Arts Board.
3. GUIDELINES.
b. Funding for projects or programs organized and operated by nonprofit organizations shall be limited to a maximum of 5 years [[,except in the case of the Pabst Theater or]] unless the board, pursuant to its written guidelines, determines that additional funding is justified.
Part 107. Section 320-12-3-c and d of the code is repealed.
Part 108. Section 320-12-3-e and f is renumbered 320-12-3-c and d.
Part 109. Section 320-29-4 of the code is amended to read:
320-29. Parking Fund.
4. PARKING EXPENDITURES. Parking fund revenues shall be used to defray administrative, operational and enforcement costs related to towing and storage of vehicles, parking meters, parking facilities, special privilege parking permits and parking regulations, including a payment in lieu of taxes, payment to a debt service fund to amortize parking purpose loans, payments for installation of parking regulation signs and parking regulation law enforcement. In addition, revenues shall be used for the purchase of parking meters, management of the city's contract for the processing and collection of parking tickets and costs associated with enforcement of judgments entered as a result of violation of parking regulations and for the acquisition, construction and equipping of off-street parking facilities, but for no other purposes.
>>Revenues shall also be used for provision of a contingent fund for such sum as shall be deemed necessary for emergency and other purposes that may arise during the year requiring the expenditure of money in addition to the sums provided for the several purposes and for purposes relating to parking costs for which no express provision is made in the annual city budget. Contingent funds may only be expended upon common council action.<<
Part 110. Section 340-1-5 and 6 of the code is created to read:
340-1. Department Established.
5. Providing staff support to the equal rights commission.
6. Providing staff support to the fire and police commission.
Part 111. Section 350-20-2-n of the code is repealed.
Part 112. Common Council File Number 010869, an ordinance relating to the Milwaukee metropolitan sewerage district's user charges, passed April 23, 2002, is amended to read:
Part 1. Section 309-51-2-a-3-a of the code is amended to read:
309-51. Rules for the Administration of the Metropolitan Sewerage District User Charge
2. RESPONSIBILITIES OF THE CITY OFFICERS AND DEPARTMENTS
ADMINISTERING USER CHARGES.
a-3. User Charges. a-3-a. The residential and non-certified commercial user charge shall be based on the volumetric charge, and the connection charge, as billed to the City of Milwaukee by the Milwaukee metropolitan sewerage district, plus the city of Milwaukee administrative charge. [[The basis of the volumetric portion of the residential sewer use charge for the entire year shall be water consumption for the winter quarter, which shall mean the quarter ending in February, March or April. If water consumption is less than the winter quarter usage in any of the 3 succeeding quarters, the actual water consumption shall be used to calculate the sewer volumetric charge.]] >>The basis of the volumetric portion of the residential sewer use charge for the entire year may vary. The sewer use charge in the winter quarter shall be based upon actual water consumption. The winter quarter shall mean the quarterly billing period ending in February, March or April. The sewer use charge in the 3 subsequent quarterly billing periods shall be based upon actual water consumption, or the winter quarter water consumption, whichever is less. In the event the winter quarter water consumption is 21Ccf or less, then 21Ccf, or the actual water consumption, whichever is less, shall be the basis of the sewer use charge in the any of the 3 subsequent quarterly billing periods. The chage to non-certified commercial users shallbe basd upon waterconsumptioneach billing period.<< The charge to certified users shall be the amounts as received on individual invoices from the Milwaukee metropolitan sewerage district, plus the city of Milwaukee administrative charge.
Part 2. Section 309-53-6-a of the code is amended to read:
309-51. Metropolitan Sewerage District Use Charges.
BILLING. a. User, LCR and ICR charges shall be billed quarterly or monthly as determined by the water works. Payment of such bills shall be made within 20 days after mailing by the municipality. In the event that such bill is not paid when due, a penalty of 3% on the outstanding balances will be charged on all past due accounts [[each quarter]] >>billed quarterly, and a penalty of 1% on the outstanding balances will be charged on all past due accounts billed monthly.<< The quarterly bills for residential users shall be based upon water consumption in the winter quarter >>or water consumption in each succeeding quarter, whichever is less<<. "Winter quarter" shall mean the quarter ending in February, March or April. [[If water consumption for a residential customer in any of the three quarters following the winter quarter is less than the consumption in the winter quarter, the sewer user charge for that quarter shall be calculated using the water consumption in that same quarter.]] >>In the event the winter quarter water consumption is 21Ccf or less, then 21Ccf, or the actual water consumption, whichever is less, shall be the basis of the sewer use charge in any of the 3 subsequent quarterly billing periods.<<
Part 3. Section 309-54-3-e of the code is amended to read:
309-54. Local Sewerage Charge.
3. SEWERAGE CHARGE. e. Residential users. Residential water consumption shall be [[on a winter quarter basis]] >>based<< as described in s.309-53-6-a.
Part 113. In the following sections the terms "disadvantaged" is replaced by "emerging": 81-41.5, 99-15-14-e-0, 99-11-2-h and 99-13-3-b.
Part 114. In the following sections the abbreviation "DBE" is replaced by "EBE": 50-20-2-b, 99-5-14-3-1 and 2, 99-6-2-p and 99-13-3-b.
Part 115. This ordinance takes effect January 1, 2003.
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
LRB02537-2
BJZ/cac
11/7/2002
11/18/02 - Various clerical correciton made, for listing, see Common Council File 020593 on file in the Office of the City Clerk.