NUMB:
991853
VERS:
ORIGINAL
REF:
XXBY:
THE CHAIR
TITL:
An ordinance authorizing the department of neighborhood services to perform an internal and external examination of any below-grade structure that the department considers a potential safety hazard. (Dept. of Neighborhood Services)
SECS:
275-36 cr
ANLS:
- Analysis -
This ordinance authorizes the department of neighborhood services to perform an internal and external examination of any below-grade structure that the department considers a potential safety hazard. This ordinance also requires that a building owner submit a critical examination performed by a registered architect or registered structural engineer of the structure if deemed necessary by the department. In addition, this ordinance includes provisions for safe abandonment of such structures.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 275-36 of the code is created to read:
CHAPTER 275. BUILDING MAINTENANCE
275-36. Below-Grade Structures.
1. DEFINITION. In this section, "below-grade structure" means any underground space, of which all or a portion extends beyond the building line. This includes, but is not limited to sidewalk vaults, equipment vaults, retaining walls, pits, etc., but does not include underground storage tanks of steel or plastic.
2. INSPECTION. The department is authorized to perform an exterior and interior inspection of any below-grade structure which is deemed by the department to be a potential safety hazard.
3. CRITICAL EXAMINATION. a. If upon inspection the department finds any below-grade structure which appears defective or unsafe, or creates a nuisance, the commissioner may order that a critical examination be performed by a registered architect or registered structural engineer employed by the owner or the agent.
b. The registered architect or registered structural engineer shall submit a written report showing the structural condition of the below-grade structure to the commissioner.
c. All defects noted on the written report submitted by the registered architect or registered structural engineer shall be corrected by the owner within a time period prescribed by the commissioner. Any structural repairs will require the owner to obtain a repair permit.
d. A written report showing that all defects noted in the prior report have been corrected shall be submitted in duplicate to the commissioner by a registered architect or registered structural engineer.
4. ABANDONED BELOW-GRADE STRUCTURE. If an owner chooses to abandon a below-grade structure, the owner shall obtain a permit from the Department of City Development. If the structure is located within the public right-of-way, a permit shall be obtained from the Department of Public Works.
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 Neighborhood Services
DFTR:
99338-1
lme
3/6/00