City of Milwaukee - File #: 150788

• File #: 150788
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 9/22/2015
• In control: COMMON COUNCIL
• Final action: 11/2/2015
• Effective date: 11/19/2015
• Title: A substitute ordinance relating to the appeal procedure for certain city fees.
• Sponsors: ALD. HAMILTON, ALD. WITKOWSKI

Date	Ver.	Action By	Action	Result	Tally
11/18/2015	1	CITY CLERK	PUBLISHED
11/11/2015	1	MAYOR	SIGNED
11/2/2015	1	COMMON COUNCIL	PASSED	Pass	14:0
10/27/2015	1	CITY CLERK	Sponsor added
10/26/2015	1	JUDICIARY & LEGISLATION COMMITTEE	HELD TO CALL OF THE CHAIR	Pass	5:0
10/26/2015	1	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR PASSAGE	Pass	5:0
10/26/2015	1	JUDICIARY & LEGISLATION COMMITTEE	RECONSIDERED; Minutes note: Appearing: Jim Owczarski - City Clerk Ald. Witkowski asked to be added as a co-sponsor There were no objectiosn.
10/15/2015	1	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
10/5/2015	1	CITY CLERK	DRAFT SUBMITTED
9/22/2015	0	COMMON COUNCIL	ASSIGNED TO

Number
150788
Version
SUBSTITUTE 1
Reference

Sponsor
ALD. HAMILTON, ALD. WITKOWSKI
Title
A substitute ordinance relating to the appeal procedure for certain city fees.
Sections
79-4-1.3-g-2 am
79-4-1.3-g-3 rp
79-6-7-a-2 ra
79-6-7-b rp
309-83-7-a-1 rn
309-83-7-a-2 ra
309-83-7-b rp
Analysis
The code currently provides that any person aggrieved by the imposition or collection of the extra garbage cart charge, the solid waste charge or the snow and ice removal cost recovery charge may choose one of the following appeal procedures:

1. Pay the special charge under protest, file a complaint with the commissioner of public works and, if aggrieved by the determination of the commissioner, appeal the commissioner’s determination to the common council.

2. Pay the special charge under protest and file a complaint with the administrative review appeals board.

This ordinance provides that any person aggrieved by the imposition or collection of one of these charges shall pay the charge under protest, file a complaint with the commissioner of public works and, if aggrieved by the determination of the commissioner, file a complaint with the administrative review appeals board.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 79-4-1.3-g-2 of the code is amended to read:

79-4. Waste Container Regulations.

1.3. EXTRA GARBAGE CART CHARGE.

g. Appeal Procedure.

g-2. If, upon review by the commissioner of public works, it is determined that all or any part of any extra garbage cart charge paid under [[such]] protest is not just or reasonable, the commissioner shall institute necessary procedures for [[the]] >>a<< refund. If any person [[, following the review of the objection]] feels aggrieved by the determination of the commissioner, the person may [[, within 10 days, appeal to the common council. The common council shall make such determination as is just and reasonable]] >>file a complaint with t...