City of Milwaukee - File #: 061136

• File #: 061136
• Version: 0
• Type: Ordinance
• Status: Passed
• File created: 12/12/2006
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 1/17/2007
• Effective date: 2/3/2007
• Title: An ordinance relating to an appeal process for emergency orders issued by the department of neighborhood services.
• Sponsors: THE CHAIR
• Indexes: BUILDING CODE, DEPARTMENT OF NEIGHBORHOOD SERVICES, STANDARDS AND APPEALS BOARD

Date	Ver.	Action By	Action	Result	Tally
2/2/2007	0	CITY CLERK	PUBLISHED
1/22/2007	0	MAYOR	SIGNED
1/17/2007	0	COMMON COUNCIL	PASSED	Pass	13:0
1/9/2007	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
12/20/2006	0	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	HEARING NOTICES SENT
12/12/2006	0	COMMON COUNCIL	ASSIGNED TO

Number
061136
Version
ORIGINAL

Reference

Sponsor
THE CHAIR

Title
An ordinance relating to an appeal process for emergency orders issued by the department of neighborhood services.

Sections

200-12.5-2-e am
200-12.5-4 cr
200-17-8 rn
200-17-8 cr

Analysis
This ordinance specifies the process for appealing emergency orders issued by the department of neighborhood services.

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

Part 1. Section 200-12.5-2-e of the code is amended to read:

200-12.5. Emergency Orders.

2. CONTENT OF EMERGENCY ORDERS.

e. Advise the owner, operator or occupant(s) of the right of appeal. Anyone who is served an emergency order under this section may, prior to the time specified for compliance, appeal to the commissioner for a review of the reasonableness of the order. >>An appeals hearing shall be conducted pursuant to sub. 4.<< The order shall specify the time period in which an appeal must be brought and the procedures for filing the appeal.

Part 2. Section 200-12.5-4 of the code is created to read:

4. APPEALS HEARING. a. The appeals hearing shall occur within 72 hours after receipt of the appeal.

b. The commissioner, or the person appointed as the commissioner’s designee, shall conduct the appeals hearing. At the hearing, the appellant and the commissioner may be represented by an attorney and present evidence, call and examine witnesses and cross-examine witnesses of the other party. Such witnesses and the appellant shall be sworn by the commissioner.

c. The appellant’s attorney may issue a request to compel the attendance of witnesses or the production of evidence. The request issued by an attorney shall be in substantially the same form as provided in s. 805.07 (4), Wis. Stats., and shall be served in the same manner as provided in s. 805.07 (5), Wis. Stats. The attorney shall, at the time of issuance, send a copy of the request to all concerned parties.

d. The commissioner...