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 Section 115-5 of the code is repealed and recreated to read: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 may issue a permit for excavation in any new street, reconstructed street or resurfaced street where the pavement is less than 3 years old only upon:
a-1. Determining that no alternative to excavation is reasonably feasible.
a-2. Consulting with the local common council member or members. The commissioner shall deny the permit upon request of the council member.
b. Appeal. Any permit applicant aggrieved by the decision of the commissioner may appeal such decision to the common council pursuant to s. 115-41. In the event of such an appeal, the city clerk shall prepare an appropriate common council resolution to grant the permit and cause the resolution to be introduced at the next regularly scheduled common council meeting.
3. RESPONSIBILITY FOR REPAIRS. Any permit issued pursuant to this section for excavation in street pavement less than 3 years old shall stipulate that the permit holder shall be financially responsible for any necessary repairs resulting from future defects in the affected pavement sections if such defects can be clearly attributed to the permitted excavation work.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Department of Public Works
Drafter
LRB01519-1
JDO
6/17/02