Number
251773
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BAUMAN
Title
A substitute ordinance relating to Department of Neighborhood Services enforcement of code violations for multi-unit residential properties.
Section
200-08-58.5 cr
200-19-1 rc
200-19-2 rn
200-19-2 cr
200-19-3 rn
200-19-4 rn
200-19-5 rn
200-24 cr
Analysis
This substitute ordinance creates a nuisance category for multi-unit residential properties with a significant number of code violations, and subjects properties within this category to higher penalties for code violations.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 200-08-58.5 of the code is created to read.
200-08. Definitions.
58.5 MULTI-UNIT RESIDENTIAL NUISANCE means any premise with at least 4 dwelling units that has received more than 1 order to correct a code violation per number of dwelling units on the premise within the preceding 36 months. This shall not include properties where at least half of the violations were corrected within the time required by the order.
Part 2. Section 200-19-1 of the code is repealed and recreated to read:
200-19-1. Penalties.
1. APPLICABILITY. This section shall apply to any person who does any of the following:
a. Is the owner, operator, or occupant of any premise where there there exists anything in violation of this code.
b. Shall build contrary to the plans and specifications approved by the commissioner.
c. Shall omit, neglect, or refuse to do any act required in this code.
Part 3. Section 200-19-2 to 5 of the code is renumbered 200-19-3 to 6.
Part 4. Section 200-19-2 of the code is created to read:
2. PENALTIES. a. Except where a special penalty is provided, each person subject to s. 200-19-1 shall, upon conviction, forfeit not less than $150 per violation per day for each premise, structure, or property found to be in violation, together with the cost of the action. In no case shall the forfeiture be in excess of $5,000.
b. Each day such violation, omission, neglect, or refusal shall continue shall be deemed a separate offence.
c. If the property contains more than one dwelling unit, the minimum forfeiture may be assessed against the owner, operator, or occupant for each dwelling unit found to be in violation or directly affected by the violation.
d. Except where a special penalty is provided, accumulated penalties recoverable in any one action shall not exceed $10,000.
e. A violation of this code exists on the date that the order or citation is issued and continues to exist until remedied.
Part 5. Section 200-24 of the code is created to read.
200-24. Multi-Unit Residential Nuisance Properties.
1. FINDINGS. The common council finds that severe and consistent code violations create substantial threats to public health and safety. The common council further finds these threats are exemplified by local reporting on residents using ovens and space heaters to compensate for inadequate heating, creating significant fire risks particularly in buildings with greater numbers of dwelling units. The common council further finds that premise owners that inadequately maintain their premises and consistently fail to remediate issues in a timely fashion create substantial risks to the health and safety of the public. The common council further finds that such owners are not sufficiently incentivized to prevent and remediate violations by the penalty amounts provided under s. 200-19. The common council therefore directs the commissioner to designate certain properties as multi-unit residential nuisance properties which shall be liable for special penalties.
2. DESIGNATION. Whenever a premise with 4 or more dwelling units has received more than 1 corrective order per number of dwelling units on the premise within the preceding 36 months, and fewer than half of those orders have been resolved within the initial time period granted to remedy the violations, the commissioner may designate the premise as a multi-unit residential nuisance property.
3. NOTICE. a. If the commissioner designates a premise as a multi-unit residential nuisance property, he or she shall notify the premise owner of the designation. This notice shall contain:
a-1. The street address or legal description sufficient for identification of the premise.
a-2. A record of the orders issued to the premise and the current status of each order at the time the premise was declared a multi-unit residential nuisance property.
a-3. A statement indicating that special penalties may be assessed to the owner.
a-4. A statement explaining the circumstances in which special penalties do not apply under sub. 5.
a-5. A statement that the premise owner or other responsible party shall, within 10 days upon receipt of the notice, either respond to the Commissioner with a written course of action to resolve all current violations at the premises or file an appeal under sub. 8.
b. A notice under this section shall be deemed to be properly delivered if sent either by first class mail to the premise owner’s last known address or if delivered in person to the premise owner. If the owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the owner’s usual place of abode or regular business in the presence of some competent member of the family at least 14 years of age or a competent adult currently residing or conducting business there and who shall be informed of the contents of the notice. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by first class mail to the last known address of the owner or other responsible party as identified by the records of the commissioner, the commissioner of assessments, or to the appropriate licensing authority.
4. COURSE OF ACTION. a. The commissioner shall accept a course of action submitted under sub. 3-a-5 if it addresses all outstanding violations with an appropriate remediation plan and a reasonable date by which the course of action shall be finished.
a-1. If the proposed course of action is accepted, the commissioner shall inform the owner in writing and perform a re-inspection after the date specified in the course of action.
b. If the course of action is rejected, the commissioner shall provide notice to the owner of that determination.
b-1. This notice shall contain:
b-1-a. The street address or legal description sufficient for identification of the premise.
b-1-b. A record of the orders issued to the premise and the current status of each order at the time the premise was declared a multi-unit residential nuisance property.
b-1-c. A statement indicating that special penalties may be assessed to the owner.
b-1-d. A statement explaining the circumstances in which special penalties do not apply under sub. 5.
b-1-e. A statement that the premises owner or other responsible party shall, within 10 days upon receipt of the notice, either respond to the Commissioner with a written course of action to resolve all current violations at the premises or file an appeal under sub. 8.
b-1-f. A statement explaining why the course of action was rejected and providing suggestions for modification.
b-2. Upon receipt of a rejection notice under b-1, the owner of the premise shall have 10 days to submit a modified course of action, or to file an appeal under sub. 8.
b-3. A notice under this section shall be deemed to be properly delivered if sent either by first class mail to the premise owner’s last known address or if delivered in person to the premise owner. If the owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the owner’s usual place of abode or regular business in the presence of some competent member of the family at least 14 years of age or a competent adult currently residing or conducting business there and who shall be informed of the contents of the notice. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by first class mail to the last known address of the owner or other responsible party as identified by the records of the commissioner of assessments, to the appropriate licensing authority or the commissioner of neighborhood services.
5. EXEMPTIONS. Exterior painting orders issued under ch. 275 shall not count as an order to correct violations for the designation of a premise under this section.
6. SPECIAL PENALTIES. a. Notwithstanding any other provision of s. 200-19, any person who is the owner, operator, or occupant of any premise designated as a multi-unit residential nuisance property by the commissioner under s. 200-24 shall be subject to special penalties. Any such person shall, upon conviction, forfeit not less than $450, nor more than $15,000, per violation per day. The minimum forfeiture may be assessed against each dwelling unit found to be in violation or directly affected by the violation. Accumulated penalties recoverable in any one action shall not exceed $30,000.
b. Special penalties under this section shall not apply to the owner of a designated multi-unit residential nuisance property during the following time periods:
b-1. During the 10 day period provided to the owner to respond with an acceptable written course of action or to appeal the designation.
b-2. From the delivery of a timely filed course of action in response to an initial designation notice under sub. 3, until the receipt of notice of the commissioner’s acceptance or rejection of the course of action.
b-3. Until the date specified for a course of action to be completed, if the course of action has been accepted by the commissioner.
d. Until a final determination has been issued by the administrative review board of appeals upholding the designation, if the owner has submitted an appeal to the administrative review board of appeals.
7. TERMINATION OF DESIGNATION. The commissioner may terminate a designation issued under this section if in the discretion of the commissioner substantial efforts have been made by the owner to bring the premise into compliance.
8. APPEAL. Appeal of a determination that a premise is a multi-unit residential nuisance property, or of a rejection by the commissioner of a course of action, shall be submitted to the administrative review board of appeals as provided in s. 320-11 within 10 days from the date of the notice.
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: April 21, 2026
______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Requestor
Drafter
LRB181372-2
Gunnar Raasch
03/30/2026