City of Milwaukee - File #: 020404

• File #: 020404
• Version: 0
• Type: Ordinance
• Status: Passed
• File created: 6/25/2002
• In control: PUBLIC WORKS COMMITTEE
• Final action: 7/16/2002
• Effective date: 8/2/2002
• Title: An ordinance relating to issuance of permits for excavation in street pavement less than 3 years old.
• Sponsors: THE CHAIR
• Indexes: PERMITS, PUBLIC IMPROVEMENTS, STREET IMPROVEMENTS

Date	Ver.	Action By	Action	Result	Tally
8/1/2002	0	CITY CLERK	PUBLISHED
7/25/2002	0	MAYOR	SIGNED
7/16/2002	0	COMMON COUNCIL	PASSED	Pass	15:0
7/3/2002	0	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	3:0
6/27/2002	0	PUBLIC WORKS COMMITTEE	HEARING NOTICES SENT
6/26/2002		PUBLIC WORKS COMMITTEE	REFERRED TO
6/25/2002	0	COMMON COUNCIL	ASSIGNED TO

Number
020404
Version
ORIGINAL
Reference

Sponsor
THE CHAIR
Title
An ordinance relating to issuance of permits for excavation in street pavement less than 3 years old.
Sections
115-5 rc
Analysis
This ordinance provides that the commissioner of public works may issue a permit for non-emergency excavation in any new street, reconstructed street or resurfaced street with pavement less than 3 years old only upon:

a. Determining that no alternative to excavation is reasonably feasible.

b. Consulting with the local common council member or members. The commissioner shall deny the permit upon request of the council member.

An aggrieved permit applicant may appeal the commissioner's decision to the common council.

In addition, this ordinance provides that any person to whom a permit for excavation in street pavement less than 3 years old is issued shall be financially responsible for any necessary repairs resulting from future defects in the affected pavement sections if the defects are attributable to the excavation work.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 115-5 of the code is repealed and recreated to read:

115-5. Permits for Excavation in New Street Pavement. 1. EMERGENCY SITUATIONS. The commissioner, at his or her sole discretion, is authorized to issue a permit for excavation in any new street, reconstructed street or resurfaced street less than 3 years old upon finding that an emergency necessitating such excavation exists. Examples of emergency situations include, but shall not be limited to, structural failure, clogging, leakage or defect in any underground structure or facility. An application for new building sewers or water, steam, electrical or other utility service shall not be considered an emergency.

2. NON-EMERGENCY SITUATIONS. a. Conditions for Permit Issuance. When the commissioner finds that no emergency exists, the commissioner...