NUMB:
970595
VERS:
SUBSTITUTE 2
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance relating to requirements for managing residential rental property.
SECS:
275-90 cr
275-91 cr
275-92 cr
ANLS:
- Analysis -
This ordinance establishes minimum property management requirements for owners of residential rental properties in the area bounded by West Vliet Street, Interstate 94, North 12th Street and U.S. Highway 41. The ordinance shall be null and void 2 years after its effective date.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Subchapter 8 of ch. 275 of the code is created to read:
SUBCHAPTER 8 RESIDENTIAL RENTAL PROPERTY MANAGEMENT
275-90. Scope; Applicability. This subchapter governs minimum requirements for management of residential rental properties. This subchapter applies to all properties containing residential rental units and located in the area bounded by West Vliet Street, Interstate 94, North 12th Street and U.S. Highway 41.
275-91. Minimum Acceptable Practices. The owner of any residential rental property shall manage the property in accordance with the minimum acceptable management practices described in this section. Failure to comply with any one of these practices shall constitute a violation. The owner of the residential rental property shall:
1. Comply with ch. ATCP 134, Wis. Adm. Code, which is hereby adopted.
2. Remove from the premises trash, junk cars and other nuisances prior to action by the city. In no case shall removal occur later than 72 hours after receipt of a complaint.
3. Respond to complaints from neighbors relating to tenant behavior and behavior of guests or visitors on the premises by providing, within 48 hours of receiving the complaint, written notice to the tenant to correct the behavior in question.
4. Prevent reoccurrence of building code violations such that identical or similar code violation orders are not issued within any 18-month period.
5. Prevent an excess number of police and fire calls by acting promptly to eliminate the nuisance activities on the premises which generate such calls. For purposes of this subsection, "excess number of police and fire calls" shall mean more than 3 calls per 10 rental units in any one-month period concerning nuisance activities. Calls for medical assistance and ambulances shall not be included when determining compliance with this requirement.
6. Adopt and enforce rules of conduct for tenants and their guests. Such rules shall take into account activities on and use of the property which affect the comfortable enjoyment of the building by the tenants and the health, safety and welfare of owners and residents of surrounding properties. At a minimum, these rules shall require compliance with municipal, state and federal laws.
7. Prevent trespassing and loitering on the premises, as regulated by the Milwaukee code of ordinances.
8. Prohibit and eliminate ongoing illegal activities such as prostitution and drug dealing on the premises, as documented by arrests for such activities at the property.
9. Provide tenants with the name and telephone number of the person to be contacted when tenants have service requests and complaints.
10. Designate, for all rental buildings, an operator or other responsible person who can be contacted within 24 hours and who shall respond to requests and complaints from tenants or public safety services within a reasonable period of time with affirmative action.
11. Follow the "crime prevention through environmental design" guidelines for territorial, surveillance and access control, as published by the department.
12. Record the property with the department pursuant to s. 200-51.5.
13. Maintain a current list of the names of all tenants authorized to live in the building or buildings. Upon request, such list shall be made available to public safety personnel within 24 hours.
275-92. Penalties. The penalties provided in s. 200-19, including the minimum penalties, shall apply to any person found in violation of s. 275-91. In imposing penalties for violations of s. 275-91, the court may consider whether the violator voluntarily agrees to attend the department's landlord training or property management courses, property management courses offered by the institute of real estate management, the university of Wisconsin, Marquette university or Milwaukee area technical college, or any other property management courses offered by the rental property management industry.
Part 2. This ordinance shall be null and void 2 years after the date on which it becomes effective.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
___________________________________
Office of the City Attorney
Date: _____________________
ZDPT:
Department of Building Inspection
DFTR:
LRB97120.3
JDO
9/2/97