NUMB:
971080
VERS:
SUBSTITUTE 2
REF:
XXBY:
ALD. BUTLER, GORDON, HENNINGSEN, JOHNSON-ODOM,
D'AMATO AND RICHARDS
TITL:
A substitute ordinance relating to revocation of certificates of occupancy and certificates of zoning under certain conditions.
SECS:
200-17-3-b am
200-31-1-f rc
200-42-4 rn
200-42-4 cr
200-42-5 rn
200-49.5 cr
ANLS:
- Analysis -
This ordinance establishes a procedure by which the commissioner of building inspection may, upon receipt of a written request from the police department, revoke the certificate of occupancy or certificate of zoning (whichever is appropriate) for any use of land, buildings or structures for which such a certificate is required. Revocation may occur whenever such use is conducted in a manner that violates one or more performance standards relating to preventing adverse impacts on persons who live or work in the surrounding neighborhood and, in particular, preventing nuisance-type activities such as littering, loitering, loud noise and harassment of passers-by. Compliance with these performance standards shall be required for any occupancy for which a certificate of occupancy or certificate of zoning is required.
Whenever the commissioner is asked to revoke a certificate of occupancy or certificate of zoning, and the commissioner chooses to revoke such certificate, the commissioner shall serve a written order to the certificate holder and the property owner requiring occupancy of the premises to cease within 30 days. Such an order may be appealed to the standards and appeals commission, which may affirm or reverse the commissioner's order or modify it by suspending the certificate for a period of 10 to 90 days. No new certificate of occupancy or certificate of zoning shall be issued within 90 days of the date by which the commissioner ordered the premises vacated or the date on which the standards and appeals commission decided to affirm the commissioner's order.
This ordinance also gives the commissioner the authority to revoke a permit, certificate of occupancy or approval whenever there has been a failure to comply with the conditions of a board of zoning appeals or standards and appeals commission decision.
BODY:
Whereas, The Common Council finds that many businesses, including many convenience stores, gas stations with convenience stores, car washes, auto repair businesses, check-cashing establishments, grocery stores, fast-food restaurants and alcohol beverage outlets, have adverse effects on nearby residences and surrounding neighborhoods because of nuisance-type activities which occur on, or in close proximity to, these businesses; and
Whereas, Examples of the nuisance-type activities associated with such establishments include, but are not limited to, littering, loud noise (especially in late-night and early-morning hours), loitering, harassment of passers-by, vandalism, drug-dealing and parking or traffic violations; and
Whereas, By establishing performance standards which apply to all uses of land, buildings or structures for which certificates of occupancy or certificates of zoning are required, and by tying compliance with those standards with possession of valid certificates of occupancy and zoning, the city can effectively address problems of serious or repeated nuisance activity at various locations throughout the community; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-17-3-b of the code is amended to read:
200-17. Standards and Appeals Commission.
3. POWERS AND DUTIES.
b. Appeals to the commission shall be taken by filing with the commission secretary a notice of appeal specifying the grounds. The timely filing of a notice of appeal of an order issued under s. 200-12 >>or s. 200-49.5-2<< shall stay the order until the hearing date. The secretary shall transmit to the commission all of the papers constituting the record upon which the action appealed from was taken. Appeals shall be filed with a fee as regulated in s. 200-33.
Part 2. Section 200-31-1-f of the code is repealed and recreated to read:
200-31. Revocation of Permit or Approval.
1. AUTHORITY.
f. A failure to comply with, or maintain compliance with, the conditions of a board of zoning appeals of standards and appeals commission decision.
Part 3. Section 200-42-4 and 5 of the code is renumbered 200-42-5 and 6.
Part 4. Section 200-42-4 of the code is created to read:
200-42. Certificate of Occupancy.
4. PERFORMANCE STANDARDS. In the case of any occupancy for which a certificate of occupancy or certificate of zoning is required, such occupancy shall comply with the performance standards set forth in s. 200-49.5-1.
Part 5. Section 200-49.5 of the code is created to read:
200-49.5. Revocation of Certificates of Occupancy and Zoning. 1. PERFORMANCE STANDARDS. All uses of land, buildings or structures for which certificates of occupancy or certificates of zoning are required shall be conducted in such manner as to not:
a. Endanger or have adverse effects on the health, peace, safety or welfare of persons residing or working in the surrounding area.
b. Result in serious or repeated nuisance activities on the premises or in close proximity to the premises, including but not limited to any of the following:
b-1. Disturbance of the peace.
b-2. Illegal drug activity.
b-3. Public drunkenness.
b-4. Drinking in public.
b-5. Harassment of passers-by.
b-6. Gambling.
b-7. Prostitution.
b-8. Sale of stolen goods.
b-9. Public urination.
b-10. Theft.
b-11. Assaults.
b-12. Battery.
b-13. Acts of vandalism, including graffiti.
b-14. Excessive littering.
b-15. Loitering.
b-16. Illegal parking.
b-17. Loud noise, especially in late-night and early-morning hours.
b-18. Traffic violations.
b-19. Curfew violations.
b-20. Lewd conduct.
b-21. Display of materials harmful to minors, pursuant to s. 106-9.6.
b-22. Police detentions and arrests.
c. Result in violations of any applicable city, state or federal regulation, ordinance or statute.
2. REVOCATION PROCEDURE. a. General. Upon receipt of a written request from the police department for revocation of a certificate of occupancy or certificate of zoning, as the case may be, for any premises which the police department finds to be in violation of any of the standards of sub. 2, the commissioner may revoke such certificate. Such revocation may occur in addition to, or in lieu of, any penalty provided in s. 200-19.
b. Order. When the commissioner is asked to revoke a certificate of occupancy or certificate of zoning and chooses to revoke such certificate, the commissioner shall serve, by first-class mail or in person, a written order upon the holder of such certificate and upon the owner of the premises. Such order shall identify the basis for revocation and state that occupancy of the premises shall cease and the premises be vacated within 30 days unless the holder of the certificate of occupancy or certificate of zoning files an appeal of the order to the standards and appeals commission within the 30-day period.
c. Appeals. An appeal of an order revoking a certificate of occupancy or certificate of zoning shall be heard by the standards and appeals commission. The commission may reverse or affirm the commissioner's revocation order, or modify the order by suspending the certificate for a period of not less than 10 days nor more than 90 days. The commission shall make its determination on the appeal within 30 working days of the date on which the appeal was filed.
d. Disqualification for Certificate. Whenever the commissioner issues an order revoking a certificate of occupancy or certificate of zoning, no new certificate shall be issued for a period of 90 days from the date by which the commissioner ordered occupancy of the premises to cease. If the revocation order was appealed to the standards and appeals commission and the commission affirmed the order, no new certificate shall be issued for a period of 90 days from the date on which the commission decided to affirm the order.
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:
DFTR:
LRB97558.3
JDO
12/8/97