City of Milwaukee - File #: 130785

• File #: 130785
• Version: 1
• Type: Ordinance
• Status: Placed On File
• File created: 9/24/2013
• In control: PUBLIC SAFETY COMMITTEE
• Final action: 3/29/2016
• Title: A substitute ordinance relating to the discharge of offensive or hazardous substances.
• Sponsors: ALD. WITKOWSKI
• Indexes: AIR POLLUTION

Date	Ver.	Action By	Action	Result	Tally
3/29/2016	1	COMMON COUNCIL	PLACED ON FILE	Pass	14:0
3/17/2016	1	PUBLIC SAFETY COMMITTEE	RECOMMENDED FOR PLACING ON FILE	Pass	3:0
10/3/2013	0	PUBLIC SAFETY COMMITTEE	SUBSTITUTED; Minutes note: Appearing: Richard Withers - LRB Ald. Witkowksi sponsor Ald. Puente moved proposed Sub A accept into file	Pass	5:0
10/3/2013	0	PUBLIC SAFETY COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	5:0
9/26/2013	0	PUBLIC SAFETY COMMITTEE	HEARING NOTICES SENT
9/24/2013	0	COMMON COUNCIL	ASSIGNED TO

Number
130785
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. WITKOWSKI
Title
A substitute ordinance relating to the discharge of offensive or hazardous substances.
Sections
80-6.1 rc
Analysis
This ordinance clarifies that the discharge of offensive or hazardous substances includes the discharge of smoke in addition to fumes, dust, vapors, mist and other defined hazardous substances.

The ordinance provides a process for an individual or individuals to seek relief from the discharge of an offensive or hazardous substance by filing a complaint with the commissioner. “Commissioner” is defined to mean “the commissioner of health, the commissioner of neighborhood services or any other city official to whom nuisance abatement functions have been delegated pursuant to a memorandum of understanding.”

The ordinance provides that, upon receiving the complaint, the commissioner shall notify the premises owner or person responsible for the offensive or hazardous discharge, in writing, of the alleged violation and provisions of the code that apply.

If the complainants subsequently observe the discharge of offensive or hazardous substances, they may submit a written petition to the commissioner who shall issue an appropriate citation and refer the citation to the city attorney for commencement of prosecution to obtain compliance.

Finally, the ordinance requires that the written petition contain the:

1. Name and address of complainant.
2. Description of the discharge of the offensive or hazardous substance and the location from which the discharge was made together with the name of the person responsible for the discharge, if known.
3. Dates and times violations were noted.
4. Date reported to commissioner.
5. Statement that petitioners will be willing to sign complaint and testify in court.

The forfeiture provided for violation of the ordinance remains unchanged. Violation is subject to Class E health-related violations under s. 61-11 which provides a fine ...