City of Milwaukee - File #: 231338

• File #: 231338
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 12/12/2023
• In control: COMMON COUNCIL
• Final action: 1/17/2024
• Effective date: 2/6/2024
• Title: A substitute ordinance relating to reviews for potential environmental contamination prior to the issuance of occupancy certificates.
• Sponsors: ALD. PEREZ, ALD. STAMPER, ALD. MURPHY, ALD. ZAMARRIPA, ALD. BAUMAN
• Indexes: BUILDING-REGULATION, HAZARDOUS MATERIALS

Date	Ver.	Action By	Action	Result	Tally
2/5/2024	2	CITY CLERK	PUBLISHED
1/22/2024	2	MAYOR	SIGNED
1/17/2024	2	COMMON COUNCIL	PASSED; Minutes note: Ald. Bauman added as a cosponsor.	Pass	15:0
1/9/2024	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	SUBSTITUTED; Minutes note: Ald. Bauman moved substitution of the file with Proposed Substitute A. (Prevailed 5-0)	Pass	5:0
1/9/2024	2	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Appearing: Pres. Jose Perez, Common Council & 12th Ald. Dist. Jezamil Arroyo-Vega, Dept. of Neighborhood Services Mike Totoraitis, Health Dept. Benjamin Timm, Dept. of City Development Ald. Zamarripa added as a cosponsor.	Pass	5:0
1/3/2024	1	CITY CLERK	DRAFT SUBMITTED
12/12/2023	0	COMMON COUNCIL	ASSIGNED TO

Number
231338
Version
SUBSTITUTE 2
Reference

Sponsor
ALD. PEREZ, STAMPER, MURPHY, ZAMARRIPA AND BAUMAN
Title
A substitute ordinance relating to reviews for potential environmental contamination prior to the issuance of occupancy certificates.
Sections
200-26-4-0 am
200-26-4-a-5 cr
200-26-4-a-6 cr
200-42-3-e cr
200-42-3-f cr
Analysis
This ordinance requires that an application for an occupancy certificate for a residential use, in a structure that was previously a non-residential use, undergo a review from the health commissioner based on available environmental contamination information and data, and environmental contamination reviews from the appropriate state agencies.

Body
Whereas, The process for obtaining an occupancy permit does not currently require that the conversion from an industrial use to a residential use be reviewed by the Health Commissioner; and

Whereas, The Department of Neighborhood Services (DNS) evaluates buildings and sites for compliance with building and zoning codes prior to issuing occupancy certificates, while environmental contamination associated with soil, groundwater and vapor intrusion are regulated by the State of Wisconsin; and

Whereas, The Code of Ordinances does not require DNS to check the subsurface environmental status of a building or site, including the vapor intrusion pathway status, prior to issuing an occupancy certificate; and

Whereas, To promote health and safety, the City should ensure that potential residential structures are subject to the Wisconsin Department of Natural Resources’ guidance on vapor and undergo environmental site testing; now, therefore

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

Part 1. Section 200-26-4-0 of the code is amended to read:


200-26. Application for Permits.
4. HEALTH COMMISSIONER'S [[APPROVAL]] >>REVIEW<<.

Part 2. Section 200-26-4-a-5 and 6 of the code is created to read:

a-5. Residential or group residential us...