Number
020472
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute ordinance relative to a notice and appeal procedure for special charges.
Sections
309-71 am
309-72 cr
Analysis
This ordinance makes a technical change to s. 309-71 and creates a new s. 309-72. This new provision establishes special charge notice procedures for the department of public works pursuant to s. 66.0627(3)(a), Wis. Stats. The ordinance also clarifies the appellate role of the administrative review appeals board in the special charges process.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 309-71 of the code is amended to read:
309-71. Assessment and Collection of Board-up Expenses Incurred by the Department of Public Works. The costs incurred >>by the commissioner of public works<< in boarding and securing from unlawful entry, open or unsecured structures may be assessed and collected [[by the commissioner of public works]] as a special charge.
Part 2. Section 309-72 of the code is created to read:
309-72. Notice and Appeal Procedures for Special Charges. 1. Prior to the imposition of a special charge to recover the cost for current services to property rendered by the department of public works, the commissioner of public works shall mail a notice to the last known address of the owner of record of the subject property informing the owner of the amount to be recovered as a special charge. The notice shall also inform the owner that he or she has 30 days from the date the notice was mailed to appeal the necessity or amount to the administrative review appeals board under the provisions of s. 320-11. No cost incurred in accordance with this section shall be placed on the tax bill as a special charge until the latest of the following:
a. The expiration of the time to appeal to the administrative review appeals board as specified in this section.
b. The administrative review appeals board's affirmation, in whole or in part, of the amount to be imposed as a special charge.
c. The conclusion of a judicial review, filed in accordance with s. 68.13(1), Wis Stats., that affirms in whole or in part the decision of the administrative review appeals board.
2. APPLICABILITY. The notice and appeal procedure specified in this section shall apply unless another procedure is otherwise specified for the recovery of a special charge for a particular type of service rendered.
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
City Attorney
Drafter
LRB02338-1
PBMcD:jro
07/01/02