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File #: 200748    Version:
Type: Ordinance Status: Passed
File created: 9/22/2020 In control: COMMON COUNCIL
On agenda: Final action: 10/13/2020
Effective date: 10/31/2020    
Title: A substitute ordinance relating to environmental assessments of real estate prior to city acquisition.
Sponsors: ALD. MURPHY
Indexes: CITY PROPERTY, ENVIRONMENT
Attachments: 1. Current MCO 308-22, 2. Proposed MCO 308-22, 3. Hearing Notice List, 4. Legal and enforceable
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
10/30/20201 CITY CLERK PUBLISHED   Action details Meeting details Not available
10/22/20201 MAYOR SIGNED   Action details Meeting details Not available
10/13/20201 COMMON COUNCIL PASSEDPass15:0 Action details Meeting details Not available
10/6/20201 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR PASSAGE

Minutes note: Appearing: Matt Haessly, Dept. of City Development Ald. Michael Murphy, 10th Ald. Dist.
Pass5:0 Action details Meeting details Video Video
9/28/20201 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
9/22/20200 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

200748

Version

SUBSTITUTE 1

Reference

 

Sponsor

ALD. MURPHY

Title

A substitute ordinance relating to environmental assessments of real estate prior to city acquisition.

Sections

308-22                     rc

Analysis

This ordinance updates requirements and procedures for environmental assessments of real estate prior to city acquisition.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1.  Section 308-22 of the code is repealed and recreated to read:

 

308-22. Environmental Assessment Prior to City Acquisition of Real Property.  1. DEFINITIONS. In this section:

 

a. "Department" means the department of city development.

 

b. "Environmental assessment" means an assessment of a property that includes all of the following:

 

b-1.  A background check of the property’s land use history by reviewing reasonably available public records in an attempt to determine the likelihood of whether the property may have been used for the handling, storage, generation, or disposal of hazardous materials or substances, including underground storage tanks, and whether there has been any reporting to, or enforcement or monitoring by, the Wisconsin department of natural resources or the U.S. environmental protection agency concerning the property.

 

b-2.  A visual inspection of the property, to the extent possible without entering the property, for possible signs of hazardous materials or substances.

 

b-3.  An inspection of the interior of each building on the property and an inspection of the land conducted from within the property, provided legal access is obtainable and the property’s land use history shows a use that would reasonably be associated with hazardous materials or substances. Such interior building inspection, and inspection of the land, may be performed, but shall not be required, if the property’s land use history does not show a use that would reasonably be associated with hazardous materials or substances.

 

c. ”Gift” means a gift, contribution or donation.

 

d. “Phase II testing” means sampling and analysis of site materials to determine contamination, including possible nature and extent.

 

e. “Property” means real property.

 

2.  ENVIRONMENTAL ASSESSMENT REQUIRED PRIOR TO ACQUISTION. Prior to the city's acquisition of a property, whether by tax foreclosure, by gift, or otherwise, other than a property with one to 4 residential units, the department shall conduct an environmental assessment of the property. When the environmental assessment reveals factors that would lead to reasonable suspicion that the property is suspected of being adversely affected by a hazardous material or substance, the department shall communicate that to the city treasurer and the city shall not acquire the property unless the common council approves acquisition by resolution.

 

3.  PROPERTY ACQUIRED BY GIFT. Common council approval is required for the city to accept property as a gift.

 

4.  PHASE II TESTING.  a. If an environmental assessment conducted under sub. 2 reveals factors that would lead to reasonable suspicion that the property is suspected of being adversely affected by a hazardous substance or material, the department may commence phase II testing.

 

b. The commissioner of city development may authorize phase II testing of any property to be acquired by the city, including a property with one to 4 residential units, where an environmental assessment performed by the department reveals factors that would lead to reasonable suspicion that the property is suspected of being adversely affected by a hazardous material or substance.

 

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

LRB176354-1

Matt Haessly/Jeff Osterman

09/25/2020