powered help
header-left header-center header-right
File #: 021185    Version:
Type: Ordinance Status: Passed
File created: 11/26/2002 In control: JUDICIARY & LEGISLATION COMMITTEE
On agenda: Final action: 12/20/2002
Effective date: 1/11/2003    
Title: A substitute ordinance relating to revision of various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions.
Sponsors: THE CHAIR
Indexes: CODE OF ORDINANCES, PRINTING
Attachments: 1. Fiscal Note.pdf

Number

021185

Version

SUBSTITUTE 2

Reference

 

Sponsor

THE CHAIR

Title

A substitute ordinance relating to revision of various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions.

Sections

75-15-4-a                                          am

75-15-18-a-0                     am

75-15-18-a-2                     am

81-41.5                                          rn

90-5-9-a-0                                          am

99-12-3-c                                          am

200-33-7-a                                          am

236-21-2                     am

295-307-5                                          am

Analysis

This ordinance revises various provisions of the code for purposes of correcting errors, clarifying language and eliminating obsolete provisions.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1.  Section 75-15-4-a of the code is amended to read:

75-15.  Ambulance Certification Regulations.

4.  APPLICATION FOR CERTIFICATION AND SERVICE AREA.  a.  Application for certificates under this section shall be filed with the health department on forms approved by the [[license]] committee.  The board and the committee are authorized to require sufficient information to determine the qualifications of the applicant to engage in the business of providing basic and advance life support system conveyances.  The application signed in proper form shall be presented to the common council, for referral to the committee for its recommendation.

 

Part 2.  Section 75-15-18-a-0 and 2 of the code is amended to read:

18.  VIOLATIONS.  a.  Suspension and Revocation.  The common council may, subsequent to a hearing conducted by the [[license]] committee, suspend, revoke, deny or not renew a certificate issued under this section for any reasonable cause which shall be in the best interest and good order of the city, including, but not limited to, the following findings:

 

a-2.  Where the [[license]] committee, on hearing of evidence, determines that such person has been violating any of the provisions of this section even though the person may not have been convicted in a court for such violation.

 

Part 3.  Section 81-41.5 of the code is renumbered 81-48.5.

 

Part 4.  Section 90-5-9-a-0 of the code is amended to read:

90-5.  Licensing.

9.  DISQUALIFICATON.

a.  Whenever an applicant for a new >>alcohol beverage premises<<license has had his or her application denied for a reason relating to the fitness of the location of the premises to be licensed, no other application for an alcohol beverage license for such location shall be recommended for approval by the utilities and licenses committee within 3 years of the date of the denial unless the applicant has demonstrated a change of circumstances since the prior denial.  Before the committee considers any such application, the applicant shall file with the city clerk a written statement setting forth the change in circumstances relating to the fitness of the location of the proposed licensed premises since the prior denial.  In considering whether changed circumstances exist, the committee shall consider, among other factors:

 

Part 5.  Section 99-12-3-c of the code is amended to read:.

1.  SCHEDULING WORK.  c.  All appointments for service installation or disconnection shall be specified by date.  Each franchisee shall specify a specific time at which the work shall be done or offer a choice of time blocks, which shall not exceed 4 hours in length [[. Unless]] >>,unless<< otherwise agreed to by the subscriber,[[a]] >>. A<< franchise shall also, upon reasonable request, schedule service installation calls outside normal business hours for the express convenience of the customer.  If at any time an installer or technician believes it impossible to make a scheduled appointment time, an attempt to contact the customer will be made prior to the time of appointment and the appointment scheduled at a specific time convenient to the customer, if rescheduling is necessary.  A franchisee shall retain records for scheduled work to determine compliance with this section.

 

Part 6.  Section 200-33-7-a of the code is amended to read:

200-33Fees.

7.  CERTIFICATE OF CODE COMPLIANCE.  a.  The application and inspection fee for every certificate of code compliance shall be [[$175]] >>$75<< per building.

 

Part 7.  Section 236-21-2 of the code is amended to read:

236-21.  Flammable and Combustible Liquids.

2.  RELINING OF UNDERGROUND STORAGE TANKS.  The relining of steel, underground tanks used for the storage of flammable and combustible liquids shall be permitted, provided s. Comm 10.51 [[(1), (2m) and (3)]], Wis. Adm. Code, are complied with and flex connectors are placed at the top of the tank and between the tank and the vent pipe.

 

Part 8.  Section 295-307-5 of the code is amended to read:

295-307.                     Amendments to the Zoning Text or Map.

5.                     PROTEST OF MAP AMENDMENT.  In case  of a protest against a map amendment, duly signed and acknowledged by the owners of 20% or more of the areas of the land included in the proposed change, >>or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom,<< or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of the opposite land, the amendment shall not become effective except by the favorable vote of at least three-fourths of the members of the common council voting on the proposed change.  A protest against a proposed change, or any modification to a protest, shall be submitted no later than 48 hours prior to the date of common council action on the proposed change.

 

 

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

 

Drafter

LRB02611-3

BJZ/cac

12/12/2002

 

Clerical error corrected 1/7/03, per LRB.  mbh