City of Milwaukee - File #: 040632

• File #: 040632
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 9/1/2004
• In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
• Final action: 11/3/2004
• Effective date: 11/20/2004
• Title: A substitute ordinance relating to appeals of administrative decisions of the commissioner of city development or orders of the commissioner of neighborhood services relative to application or enforcement of the zoning code.
• Sponsors: THE CHAIR
• Indexes: DEPARTMENT OF NEIGHBORHOOD SERVICES, ZONING

Date	Ver.	Action By	Action	Result	Tally
11/19/2004	1	CITY CLERK	PUBLISHED
11/11/2004	1	MAYOR	SIGNED
11/3/2004	1	COMMON COUNCIL	PASSED	Pass	15:0
10/19/2004	1	ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Clifton Crump appeared and addressed the Committee.	Pass	5:0
10/14/2004	1	CITY CLERK	HEARING NOTICES SENT
10/14/2004	1	CITY CLERK	HEARING NOTICES SENT
10/14/2004	1	CITY CLERK	HEARING NOTICES SENT
10/1/2004	1	CITY CLERK	PUBLISHED; Minutes note: This file is being publsihed on 10/01/04 and 10/08/04 for a CPC Mtg. on 10/18/04 at 3:00 p.m.
9/16/2004	1	CITY CLERK	DRAFT SUBMITTED
9/3/2004		ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
9/3/2004		ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE	REFERRED TO
9/1/2004	0	COMMON COUNCIL	ASSIGNED TO

Number
040632
Version
SUBSTITUTE 1
Reference

Sponsor
THE CHAIR
Title
A substitute ordinance relating to appeals of administrative decisions of the commissioner of city development or orders of the commissioner of neighborhood services relative to application or enforcement of the zoning code.
Sections
295-311-5-a am
295-311-5-c-0 am
295-311-5-e am
295-311-5-f am
295-311-6 cr
Analysis
This ordinance clarifies the distinction between appeals of administrative decisions of the commissioner of city development relating to interpretation or application of the zoning code and appeals of orders of the commissioner of neighborhood services relating to enforcement of the zoning code.

This ordinance further provides that appeals of orders of the commissioner of neighborhood services shall be filed within 20 days of the date the order was issued, or 30 days if notification of the order was made by mail. However, if an order being appealed requires compliance in less than 20 days (or less than 30 days if notification of the order was by mail), the deadline for filing the appeal is the end of the term for compliance (or the end of the term plus 5 days if notification of the decision was by mail).
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 295-311-5-a of the code is amended to read:

295-311. Appeals.

5. APPEALS OF ADMINISTRATIVE DECISIONS. a. Purpose. To avoid results inconsistent with the purposes of this chapter, administrative decisions of the commissioner of city development [[or the commissioner of neighborhood services]] may be appealed to the board. This subsection establishes general provisions for appeals of administrative decisions.

Part 2. Section 295-311-5-c-0 of the code is amended to read:

c. Grounds For Appeal. The application shall state the specific grounds for the appeal >>and identify the provisions of the zoning code applicable to the appeal<<...