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File #: 001839    Version: 0
Type: Ordinance Status: Passed
File created: 4/10/2001 In control: ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE
On agenda: Final action: 7/17/2001
Effective date: 8/3/2001    
Title: An ordinance relating to the penalties for violation of the zoning code.
Sponsors: ALD. PRATT, ALD. HERRON, ALD. D'AMATO, ALD. HENNINGSEN, ALD. BOHL, ALD. JOHNSON-ODOM, Fredrick Gordon, ALD. DONOVAN, ALD. RICHARDS, ALD. CAMERON, ALD. SCHERBERT, ALD. SANCHEZ, ALD. PAWLINSKI, ALD. BREIER, ALD. NARDELLI, ALD. MURPHY, ALD. HINES JR.
Indexes: FINES AND PENALTIES, ZONING
Attachments: 1. CPC Letter.PDF, 2. Land Disposition Report.pdf
Number
001839
Version
ORIGINAL

Reference

Sponsor
ALD. PRATT, HERRON, D'AMATO, HENNINGSEN, BOHL, JOHNSON-ODOM, GORDON, DONOVAN, RICHARDS, CAMERON, SCHERBERT, SANCHEZ, PAWLINSKI, BREIER, NARDELLI, MURPHY AND HINES

Title
An ordinance relating to the penalties for violation of the zoning code.

Sections
200-17-4-a am
200-31-2-c am
200-31-2-d cr
295-51-3 rc
295-59-1 am

Analysis
The code currently prescribes forfeitures and the assessment of code enforcement fees for properties found to be in violation of ch. 295. This ordinance clarifies that the commissioner of neighborhood services may revoke the permit, certificate of occupancy or approval for any property found to be in violation of ch. 295. The board of zoning appeals would hear appeals of these revocations.

In cases where the permit, certificate of occupancy or approval for a premises has previously been revoked, the commissioner of city development is directed to act on any subsequent request for a permit, certificate of occupancy or approval only after:

1. Receiving a formal plan of operation from the applicant.

2. Receiving findings from the health department, the police department and the department of neighborhood services that the proposed use, if operated in a manner consistent with the plan of operation, would be operated in a manner that protects the health, safety and welfare of the public.

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

Part 1. Section 200-17-4-a of the code is amended to read:
200-17. Standards and Appeals Commission.
4. APPEALS ON THE INTERPRETATION AND ENFORCEMENT OF THE CODE. a. The commission may interpret the intent of this code in specific cases where it appears that undue hardship would result from a literal application of this code. Where undue hardship can be clearly demonstrated, the commission may grant a variance and direct the issuance of a permit on any proposed...

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