Number
081369
Version
SUBSTITUTE 2
Reference
010233
Sponsor
ALD. BOHL AND KOVAC
Title
A substitute ordinance providing charges for violations relating to return of garbage and recycling carts to their original location, mowing of grass, and removal of snow, ice and other debris from sidewalks.
Sections
61-19 rp
79-16-2-a-1-d am
79-47-1-e am
80-17-6 cr
80-90 am
116-8-4 rc
Analysis
This ordinance provides an initial inspection charge and increases other special charges when the owner, occupant or other person in charge of the property fails to comply with code provisions to keep sidewalks clear of snow, to return garbage and recycling carts to original positions after pickup service, and to mow grass or weeds. The intent of the ordinance is to recover actual costs related to processing complaints, inspecting premises and other costs of administration including printing, public education, and accounting.
The ordinance provides an initial charge of $25 if, upon inspection, the inspector determines that the owner or responsible party is in violation.
The ordinance increases the special charge for failure to return a service cart to original storage after notice or order to do so from $20 to $35 for the first violation following written notice or order, and from $35 to $60 for a subsequent violation in a calendar year.
The ordinance provides a special charge of $65 for failure to mow grass or weeds, and a special charge of $100 for each subsequent violation within the calendar year.
The ordinance further increases the special charge for failure to keep sidewalks clear of snow and ice from $25 to $45 for the first violation and each additional violation in a calendar year will be subject to a special charge $90.
The special charges provided in this ordinance are in addition to costs incurred by the city for remediation or abatement, if necessary.
Body
Whereas, Administrative costs related to the enforcement of ordinances intended to protect the health and safety of the public including ordinances prohibiting certain weeds and grasses over 9 inches, returning service carts to storage areas, and keeping sidewalks clear of snow, ice, mud and dirt, are a substantial burden on the city given the amount of staff resources required for processing complaints, inspection of premises, preparation and delivery of notices, arrangement for abatement, providing public information and education, and accounting for charges and assessed costs, and other resources including printing costs; and
Whereas, City ordinances permit special charges and costs of abatement to be assessed on property tax rolls if they are not timely paid following billing; and
Whereas; The number of grass and weed service requests received by the city in the period beginning April 1, 2008, and ending October 1, 2008 was 7,584, of which approximately 70% required posting of notices to comply; and
Whereas, The number of properties that came into compliance with weed and grass requirements prior to billing for charges and costs was 502, and the amount billed by the city for non-complying properties was $354,065; and
Whereas, Sidewalk snow and ice complaints from December 1, 2007, to May 1, 2008, numbered 6,359; and
Whereas, The number of properties that came into compliance with snow and ice requirements in 2008 was 834, and the amount billed by the city for non-complying properties was $140,892; and
Whereas, The number of notices issued in 2008 for failure to comply with requirements to return garbage and recycling carts to storage areas was 2,074, and the amount of charges and costs billed by the city for failure to comply was $55,721, of which $42,763 was assessed on property tax rolls; and
Whereas, It is the intent of the common council to recover actual costs associated with ordinance enforcement to the extent practicable and to thereby provide a greater incentive for property owners, tenants and other responsible parties to maintain properties in compliance with city ordinances; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 61-19 of the code is repealed.
Part 2. Section 79-16-2-a-1-d of the code is amended to read:
79-16. Penalty.
2. LIEN.
a-1-d. >>If a person is found to be in violation of the requirements of s. 79-5-5, the person shall be subject to a special charge of $25.<< A person who fails to comply with s.79-5-5 shall receive a written notice with respect to the alleged violation of s. 79-5-5. Failure to comply following such notification shall result in a special charge of [[$20]]>>$35<<, and the second and each subsequent failure to comply within a calendar year shall result in a special charge of [[$35]]>>$60<<.
Part 3. Section 79-47-1-e of the code is amended to read:
79-47. Penalties, Liens and Citations.
1. PENALTIES.
e. Any person who fails to comply with s. 79-32 >>shall be subject to a special charge of $25 and<< shall receive written notice with respect to the alleged violation of s. 79-32. Failure to comply following such notification shall result in a special charge of [[$20]]>>$35<<, and [[the second and]] each subsequent failure to comply within a calendar year shall result in a special charge of [[$35]]>>$60<<.
Part 4. Section 80-17-6 of the code is created to read:
80-17. Hay Fever Weeds, etc.
6. CHARGES AND COSTS. a. If a person is found to be in violation of the requirements of this section, the person shall be subject to a special charge of $25. There shall be a further special charge of $65 for failure to mow or otherwise abate any condition that remains in violation of this section. Upon a subsequent failure to comply with this section in the same calendar year, the person shall be subject to a special charge of $100. Any costs incurred by the city in abatement or remediation shall constitute additional special charges.
b. Special charges made under this subsection shall be due and payable 30 days after billing or, if not paid within that time, become a lien on the subject property as provided in s. 66.0627, Wis. Stats. The lien shall take effect as of the date of delinquency and shall include an administrative charge of $10. The lien shall automatically be extended upon the current or next tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of the property for delinquent real estate taxes shall apply to such charge. The charge shall not be payable in installments.
Part 5. Section 80-90 of the code is amended to read:
80-90. Penalties. Any person violating any of the following provisions of the chapter listed in column A shall be liable on conviction to the penalties listed in column B and described in ch. 61:
A B
80-3 Class E
80-6 to 7 Class E
80-12 Class E
80-13 Class E
80-15 Class D
[[80-17 Class M]]
80-19 Class E
80-22 Class F
80-27 Class E
80-28 Class E
80-29 Class E
80-31 Class E
80-42 Class F
80-44 Class E
80-45 to 80-46.5 Class E
80-48 Class E
80-49 Class K
80-60 to 80-65-3 Class E
80-65-4 Class K
80-66 to 80-68 Class E
80-69 Class C
80-70 to 80-73 Class E
Part 6. Section 116-8-4 of the code is repealed and recreated to read:
116-8. Sidewalks to be Kept Clean.
4. CHARGES. a. If a person is found to be in violation of the requirements of this section, the person shall be subject to a special charge of $25. A second failure to comply within the same calendar year shall result in a special charge of $45 constituting a lien upon the property together with all costs to the city for remediation, abatement or removal. A subsequent violation within a calendar year of the first violation shall result in a charge of $90. Any costs incurred by the city for abatement, remediation or removal shall constitute further special charges.
b. Special charges made under this subsection shall be due and payable 30 days after billing or, if not paid within that time, become a lien on the subject property as provided in s. 66.0627, Wis. Stats. The lien shall take effect as of the date of delinquency and shall include an administrative charge of $10. The lien shall automatically be extended upon the current or next tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of the property for delinquent real estate taxes shall apply to such charge. The charge shall not be payable in installments.
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
LRB08583-7
RLW
3/3/2009