Number
001839
Version
ORIGINAL
Reference
Sponsor
ALD. PRATT, HERRON, D'AMATO, HENNINGSEN, BOHL, JOHNSON-ODOM, GORDON, DONOVAN, RICHARDS, CAMERON, SCHERBERT, SANCHEZ, PAWLINSKI, BREIER, NARDELLI, MURPHY AND HINES
Title
An ordinance relating to the penalties for violation of the zoning code.
Sections
200-17-4-a am
200-31-2-c am
200-31-2-d cr
295-51-3 rc
295-59-1 am
Analysis
The code currently prescribes forfeitures and the assessment of code enforcement fees for properties found to be in violation of ch. 295. This ordinance clarifies that the commissioner of neighborhood services may revoke the permit, certificate of occupancy or approval for any property found to be in violation of ch. 295. The board of zoning appeals would hear appeals of these revocations.
In cases where the permit, certificate of occupancy or approval for a premises has previously been revoked, the commissioner of city development is directed to act on any subsequent request for a permit, certificate of occupancy or approval only after:
1. Receiving a formal plan of operation from the applicant.
2. Receiving findings from the health department, the police department and the department of neighborhood services that the proposed use, if operated in a manner consistent with the plan of operation, would be operated in a manner that protects the health, safety and welfare of the public.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-17-4-a of the code is amended to read:
200-17. Standards and Appeals Commission.
4. APPEALS ON THE INTERPRETATION AND ENFORCEMENT OF THE CODE. a. The commission may interpret the intent of this code in specific cases where it appears that undue hardship would result from a literal application of this code. Where undue hardship can be clearly demonstrated, the commission may grant a variance and direct the issuance of a permit on any proposed construction, if the construction will vary only a reasonable minimum from the literal regulations of the code, but will comply with the spirit and intent of the code with respect to hazard from fire and safety to life. The authority to interpret the intent of this code does not apply to appeals taken under ss. 200-12.5, 218-4 and 218-4.5, [[nor]] to petitions for state building code variances under s. 200-17.5 >>or to revocations of permits, certificates of occupancy or approvals made pursuant to s. 200-31 for violations of ch. 295<<.
Part 2. Section 200-31-2-c of the code is amended to read:
200-31. Revocation of Permit or Approval.
2. NOTIFICATION.
c. After the notice is served upon the persons and posted, no person may proceed with any construction operations >>, occupancy or use<< on the premises, and the permit >>, certificate of occupancy or approval<< which has been revoked shall be void. Before any construction [[or]] operation >>, occupancy or use<< is resumed, a new permit >>, certificate of occupancy or approval<< as required by this code shall be procured >>, subject to the conditions of par. d,<< and fees paid, and the resumption of any construction [[or]] operation >>, occupancy or use<< shall be in compliance with this code.
Part 3. Section 200-31-2-d of the code is created to read:
d. In those cases where the permit, certificate of occupancy or approval for a premises, property, building or portion thereof is revoked for violation of any of the provisions of ch. 295, the commissioner of city development shall act on any subsequent application for occupancy of the same premises, property, building or portion thereof only under the following conditions:
d-1. The owner of the premises, property, building or portion thereof shall submit a written plan of operation to the commissioner of city development.
d-2. The commissioner of city development shall refer the plan of operation to the chief of police, the commissioner of health and the commissioner of neighborhood services. Each department shall prepare a finding as to whether the proposed use, if operated in a manner consistent with the plan of operation submitted by the applicant, would be operated in a manner that protects the health, safety and welfare of the public. The commissioner of city development may consider these findings in making the determination to grant the occupancy. The commissioner of city development may act without these findings if they are not provided by the departments within 30 days of the application for a permit, certificate of occupancy or approval.
Part 4. Section 295-51-3 of the code is repealed and recreated to read:
295-51. Enforcement.
3. PENALTIES. Any person who owns, controls or manages any premises on which there shall be placed or there exists anything in violation of this chapter, assists in the commission of any violation of this chapter, builds contrary to the plans or specifications submitted to and approved by the commissioner of city development or omits, neglects or refuses to do any act required by this chapter shall be subject to revocation of his or her permit, certificate of occupancy or previous approval as provided in s. 200-31 and to injunction as provided in s. 200-19-3. In addition, such person shall be subject to penalties as provided in s. 200-19-1 and 2 or a code enforcement fee as provided in s. 200-33-8.8 assessed against the subject property, which may be assessed and collected as a special charge.
Part 5. Section 295-59-1 of the code is amended to read:
295-59. Board of Appeals. 1. CREATION; AUTHORITY. >>a.<< There is created a board of appeals which shall have the powers granted by state statutes and the authority to interpret this chapter, to approve, conditionally approve or deny variances and special uses, and to hear and decide appeals from rulings of the commissioner of neighborhood services or commissioner of city development that may arise under this chapter or under state statutes.
>>b. The board of appeals shall also have the authority to hear and decide appeals of revocations of permits, certificates of occupancy or approvals for violations of this chapter made pursuant to s. 200-31.<<
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFOCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Department of Neighborhood Services
Drafter
00169-7
jro
04/05/01