Number
050643
Version
SUBSTITUTE 1
Reference
040127
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 rn
200-42-1 cr
200-42-2 rn
200-42-3 rn
200-42-4 rn
200-42-5 rn
275-20-0 am
275-20-1 rn
275-20-1 cr
Analysis
Current code provisions prohibit a person from occupying, using, or offering to occupy or use any building, structure or premises without the appropriate certificate. Current code provisions also prohibit any person or firm from keeping, maintaining, conducting, operating, or offering to keep, maintain, conduct or operate for gain or profit any licensed dwelling facility without first obtaining the appropriate license. This ordinance clarifies said provisions by defining the word “offer” to address an issue raised in a recent municipal court case.
Body
IIIegal rooming houses are often associated with criminal and violent activities which impede the rights of the community to peaceful existence and operation of legitimate businesses; and
Whereas, Illegal rooming houses lead to overcrowding, parking congestion, increased litter and noise disturbances; and
Whereas, Illegal behaviors are subject to fewer controls in unlicensed rooming houses than they are in licensed rooming houses; and
Whereas, Illegal rooming houses have an adverse impact on neighborhood property values; and
Whereas, Proof of the existence of an unlicensed rooming house is found to be extremely difficult under current building code provisions; and
Whereas, Tenants are typically unwilling to testify in court as to the existence of illegal rooming houses; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-42-1 to 5 of the code is renumbered 200-42-2 to 6.
Part 2. Section 200-42-1 of the code is created to read:
200-42. Certificate of Occupancy.
1. DEFINITION. In this section, “offer” means to communicate a willingness, desire or intent.
Part 3. Section 275-20-0 of the code is amended to read:
275-20. Licensing of Licensed Dwelling Facilities.
>>1.1. COMPLIANCE.<< No person may operate on or let to another for occupancy any licensed dwelling facility, except in accordance with the requirements of this section.
Part 4. Section 275-20-1 of the code is renumbered 275-20-1.2.
Part 5. Section 275-20-1 of the code is created to read:
275-20. Licensing of Licensed Dwelling Facilities.
1. DEFINITION. In this section, “offer” means to communicate a willingness, desire or intent.
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: _________________________
Department
Department of Neighborhood Services
Drafter
LRB05341-3
TWM/cac
9/22/2005