NUMB:
981497
VERS:
SUBSTITUTE 3
REF:
XXBY:
THE CHAIR
TITL:
A substitute ordinance revising various code provisions relating to implementation of the department of neighborhood services.
SECS:
66-12-9-0 am
200-26-5-c am
200-32-3 am
200-33-43.5 am
218-3-1-b am
218-3-1-c am
218-9-1-a-2 am
295-51-3 am
ANLS:
- Analysis -
This revisor's ordinance, relating to implementation of the department of neighborhood services, provides that fees for health department permits which were transferred to neighborhood services may be quadrupled when activity is initiated without obtaining the appropriate permit. This provision parallels existing neighborhood services fees for initiating work without obtaining a permit. In addition, the revisor's ordinance makes technical changes relating to performance bonds required for the wrecking or moving of buildings.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 66-12-9-0 of the code is amended to read:
66-12. Asbestos Hazard Control.
9. [[PROJECT]]>>ASBESTOS HAZARD<< VIOLATIONS.
Part 2. Section 200-32-3-a of the code is amended to read:
200-32. Permit Fees.
3. INCREASED FEES. a. Where construction is started, or when a premises is occupied without first obtaining a permit >>inspected under the jurisdiction of the department of neighborhood services,<< as required by this code, the fees specified in this section may be quadrupled, but the payment of such quadruple fee shall not relieve any person from fully complying with all the regulations of this code in the execution of the work nor from any other penalties prescribed in this code.
Part 3. Section 218-3-1-b and c of the code is amended to read:
218-3. WRECKER'S AND MOVER'S BOND AND INSURANCE.
1. PERFORMANCE BOND.
b. The wrecker's and mover's performance bond shall be executed by the applicant and a corporate surety, and shall provide in substance that the applicant and surety are firmly bound unto the city in the penal sum of $20,000 >>or in such other amount as the commissioner shall deem necessary<<, and that such bond shall be void if the applicant shall perform and sufficiently complete all work for which the permit is issued in accordance with all ordinances of the city within a reasonable period of time, or within the time specified on the permit, and shall reimburse the city for all damages to any city property resulting from the work operations, regardless of whether the damage is done by the applicant, its agents, employes or subcontractors. The corporate surety shall be authorized to execute bonds in the state of Wisconsin and have a power of attorney on file in the city attorney's office. Such bond shall have affixed thereto an affidavit setting forth that no officer, official or employe of the city has any interest, directly or indirectly, in any premium, commission, or fee, or out of the sale of furnishing of such bond.
c. Any person wishing to apply for more that one permit to wreck, raze, demolish or move structures or buildings in the city in any calendar year, in lieu of filing a separate bond for each permit, may file a bond under the same terms and conditions set forth in par. b, binding the surety to the sum of $20,000 for each permit issued >>,but with an annual calendar aggregate limit of $100,000.<<
Part 4. Section 295-51-3 of the code is amended to read:
295-51. ENFORCEMENT.
3. PENALTIES. Any person who owns, controls or manages any premises on which there shall be placed or there exists anything in violation of this chapter, assists in the commission of any violation of this chapter, builds contrary to the plans or specifications submitted to and approved by the commissioner of city development or omits, neglects or refuses to do any act required by this chapter [[, except where a specific penalty is provided,]] shall be subject to penalties as provided in ss. 200-19 [[and 200-33-8.8 until compliance is obtained]]. >>In addition, the department of neighborhood services may place a code enforcement fee as provided in s. 200-33-8.8 against the subject property which may be assessed and collected as a special charge.<<
Part 5. Renumbering. References to various citations listed in the following sections of the code are changed as shows:
Code Section Current Reference New Reference
200-26-5-c s. 66.05, Wis. Stats. s. 218-4
200-33-43.5 s. 66.05, Wis. Stats. s. 218-4
218-9-1-a-2 s. 218-4-6 s. 200-11
218-9-1-a-2 s. 66.05, Wis. Stats. s. 218-4
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:
Neighborhood Services
DFTR:
99016-4
BJZ/tp
2/23/99
3/30/99 Clerical corrections made to Sections affected, Section 218-3-1-c and Part. 5.
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