powered help
header-left header-center header-right
File #: 031738    Version: 0
Type: Ordinance Status: Passed
File created: 4/13/2004 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 5/25/2004
Effective date: 6/12/2004    
Title: An ordinance relating to various building code provisions in work by contractors, fees associated with re-inspections, permits for yard decks and guidelines for new driveways.
Sponsors: THE CHAIR
Indexes: BUILDING CODE, FEES, PERMITS
Attachments: 1. Fiscal Note.pdf, 2. Notice Published on June 11, 2004.PDF
Number
031738
Version
ORIGINAL
 
Reference
 
Sponsor
THE CHAIR
 
Title
An ordinance relating to various building code provisions in work by contractors, fees associated with re-inspections, permits for yard decks and guidelines for new driveways.
Sections
200-24-2            rn
200-24-2            cr
200-24-3            rn      
200-33-48            rn
200-33-48-b          cr
239-12            cr     
252-74-2-d            cr
252-74-2-e            cr
 
Analysis
 
This ordinance makes various changes to the building code:
 
      1. No permits will be issued to contractors whose work violates the building code.
2. An inspectional and administrative fee may be charged for any inspection at the request of the contractor when work is not ready.
3. Permits are issued for yard and pool decks that are greater than 2 feet above ground.
4. Newly created driveways require a minimum width of 8 feet.  A driveway may be placed directly adjacent to an interior side property line.   
 
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
 
Part 1. Section 200-24-2 and 3 of the code is renumbered 200-24-3 and 4.
 
Part 2. Section 200-24-2 of the code is created to read:
 
200-24. Permits Required.
 
2. NO PERMITS TO VIOLATORS.  a. Whenever a contractor performs work contrary to this code, the commissioner may issue a notice to remedy the defective work to the violator at his or her last known address.  Failure to comply with the notice shall be deemed sufficient reason for withholding future permits, in addition to other penalties provided in this code.
 
b.  The following shall also be deemed sufficient reasons for withholding future permits:
 
b-1. An unreasonable delay in the performance of the work after the issuance of a permit.
 
b-2. Failure of a contractor to promptly respond to an official communication from the commissioner.
 
Part 3. Section 200-33-48 of the code is renumbered 200-33-48-a.
 
Part 4. Section 200-33-48-b of the code is created to read:
 
200-33. Fees.
 
48. REINSPECTION FEE.
 
b. To compensate for inspectional and administrative costs, a $50 fee may be charged for any inspection or re-inspection when a contractor requests an inspection for permit related work and the work is not ready at the time of the requested inspection.  Failure to pay additional re-inspection fees after one notice may result in withholding future permits.
 
Part 5. Section 239-12 of the code is created to read:
 
239-12.  Yards and Pool Decks.  A permit issued by the department of city development is required for all decks that are not attached to a principal building and that are greater than 2 feet above grade, except that frost footings are optional for such decks.  
 
Part 6. Section 252-74-2-d and e of the code is created to read
 
252-74. Paving of Parking Lots, Areas and Spaces.
 
2. COMPLIANCE.
 
d.  All newly created driveways and parking spaces on one and 2-family residential properties are required to have a minimum width of 8 feet.  A driveway may be placed directly adjacent to an interior side property line provided all setbacks and parking restrictions are in compliance with ch. 295.  
e.   For newly created driveways on a one or 2-family residential property, any access drive must be located on the lot on which the dwelling is located, and shall not be shared with an adjoining lot.
 
 
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
Department of Neighborhood Services
 
Drafter
LRB03540-1
aw
4/07/04