Number
021706
Version
SUBSTITUTE 2
Reference
010409
Sponsor
ALD. HENNINGSEN
Title
A substitute ordinance establishing a moratorium on enforcement of the façade critical examination ordinance.
Sections
275-32-13-g-1 am
275-32-13-g-2 am
275-32-13-g-3 am
Analysis
This ordinance extends, by 17 months each, the deadlines for compliance with the façade critical examination inspection report requirements for buildings that are at least 15 years old and have 5 or more stories, in effect establishing a 17-month moratorium on enforcement of the façade critical examination requirements.
Body
Whereas, Section 275-32-13 of the Milwaukee Code of Ordinances requires periodic critical examinations of the facades of all buildings which are at least 15 years old and have 5 or more stories; and
Whereas, Under this subsection, building owners are required to have the first façade inspection completed by July 1, 2003, July 1, 2004 or July 1, 2005, depending on the age of the building; and
Whereas, These regulations make no distinctions among affected buildings based on façade construction methods and materials, even though establishing different standards and requirements for different types of buildings may be appropriate; and
Whereas, On March 4, 2003, an ordinance (File Number 021660) to make various revisions to the façade critical examination ordinance was introduced to the Common Council at the request of the Department of Neighborhood Services; and
Whereas, It is anticipated that this ordinance would create distinctions among various type of buildings based on façade construction methods and materials, and would also establish different compliance deadlines and inspection frequencies for the different categories of buildings; and
Whereas, It is further anticipated that this ordinance would adjust, to later dates, the compliance schedule for the first round of inspections for all buildings, regardless of age or construction type; and
Whereas, The Common Council finds that, during this time when the Department of Neighborhood Services is developing revisions to the façade critical examination regulations, and the Common Council is reviewing those changes, it would be inappropriate for the City to continue to enforce the current deadlines for completion of façade critical examinations; and
Whereas, The Common Council further finds that it would be most appropriate to simply change the deadlines for compliance with the façade critical examination requirements to the deadlines that are anticipated for the proposed ordinance, which are 17 months later than the current deadlines; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 275-32-13-g-1 to 3 of the code is amended to read:
275-32. Exterior Structure.
13. FAÇADE CRITICAL EXAMINATION.
g. Examination Schedule.
g-1. Buildings constructed prior to 1920 by [[July 1, 2003]] >>December 1, 2004<< and every 5 years thereafter, if determined to be in a safe condition.
g-2. Buildings constructed between 1920 and 1950 by [[July 1, 2004]] >>December 1, 2005<< and every 5 years thereafter, if determined to be in a safe condition.
g-3. Buildings constructed after [[1951]] >>1950<< and 15 years old or greater by [[July 1, 2005]] >>December 1, 2006<< and every 5 years thereafter, if determined to be in a safe condition.
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
Drafter
LRB03103-3
JDO
4/14/03