City of Milwaukee - File #: 200848

• File #: 200848
• Version: 2
• Type: Ordinance
• Status: Passed
• File created: 10/13/2020
• In control: COMMON COUNCIL
• Final action: 5/31/2023
• Effective date: 6/17/2023
• Title: A substitute ordinance relating to excavation and installation permit requirements.
• Sponsors: ALD. DIMITRIJEVIC, ALD. STAMPER, ALD. SPIKER, ALD. PEREZ, ALD. RAINEY, ALD. ZAMARRIPA, ALD. BAUMAN, ALD. BORKOWSKI, ALD. TAYLOR, ALD. WESTMORELAND
• Indexes: PERMITS, PUBLIC IMPROVEMENTS

Date	Ver.	Action By	Action	Result	Tally
6/16/2023	2	CITY CLERK	PUBLISHED
6/6/2023	2	MAYOR	SIGNED
5/31/2023	2	COMMON COUNCIL	SUBSTITUTED; Minutes note: The proposed substitute creates a penalty for lack of notification of work to homeowners. Ald. Stamper, Spiker, Perez, Rainey, Zamarripa, Bauman, Borkowski,Taylor and Westmoreland asked to be added as sponsors.	Pass	15:0
5/31/2023	2	COMMON COUNCIL	PASSED	Pass	15:0
5/17/2023	1	PUBLIC WORKS COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Ald. Dimitrijevic and James Washington (DPW) were present. Ald. Dimitrijevic said that the notification to our constituents is done by the contractor and that is not going well. She also said that she did not get the proper communication from the contractor at some work done on her street and that the idea is to improve the communication to make a better situation for everybody. Ald. Stamper asked if there is a penalty for not notifying the neighbors. Mr. Washington said that there is a penalty but that he does not know what exactly is. Ald. Stamper asked if we can have the street repairs on the e-notify. Ald. Brostoff said that he has experienced the same issues as Ald. Dimitrijevic and Ald. Stamper. He added that he called the contractor to find out more about the plan and that he went himself to notify the neighbors (specially in the apartment buildings). Ald. Stamper said that the contractor must also notify if the work is going to be interrupted and when it is going to resume. He also said that he would like to add it to the ordinance. Mr. Washington said that it is included in the ordinance that the contractor must notify if there is a major change on the scope of work. Ald. Dimitrijevic said that some language must be added. Ald. Stamper said that sometimes is not that the notification comes late but that the notification never comes. Mr. Washington said that the notification gets documented with a photo evidence and that the most common way is to place it on the door. He added that some contractors use the postal service, certified letters, etc. Ald. Dimitrijevic said that she would like to move forward as it is now and to work on adding some language about penalties before the Common Council meeting.	Pass	5:0
10/13/2020	0	COMMON COUNCIL	ASSIGNED TO

Number

200848

Version

SUBSTITUTE 2

Reference

Sponsor

ALD. DIMITRIJEVIC, STAMPER, SPIKER, PEREZ, RAINEY, ZAMARRIPA, BAUMAN, BORKOWSKI, TAYLOR AND WESTMORELAND

Title

A substitute ordinance relating to excavation and installation permit requirements.

Section

115-4-5                                                 am

115-4-6                                          cr

Analysis

This ordinance amends the requirements for serving notice of impending excavation or installation work in a public way or public place. Specifically, the ordinance requires that:

1. Written notice shall be given to the owners of abutting properties at least 72 hours prior to the commencement of work if the excavation or installation will be in progress for more than 24 hours.

2. The notice shall include the type of work being done along with its estimated length of time.

3. The commissioner of public works shall provide notice to the member of the common council in whose district the work will occur if the work will be in progress for more than 96 hours.

Finally, the ordinance creates a penalty for any permit holder who fails to notify the occupants of abutting properties of impending excavation work.

Body

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

Part 1. Section 115-4-5 of the code is amended to read:

115-4. Granting of Permits.

5. Whenever a permit for excavation or installation in a public way or public place is granted, the permit holder shall, as a condition of permit issuance, be required to serve written notice of the impending excavation or installation work to each occupant of abutting private property at least [[48]] >>72<< hours prior to commencement of work if the excavation or installation will be in progress for more than [[96]] >>24<< hours, impede or obstruct access to abutting private property, or result in interruption of utility service to abutting private property. >>If work will be in progress for more than 96 hours, the<< [[The]] commissioner shall provide similar notice to the common council member in whose district the excavation or installation work will occur. The notice >>to the abutting property owners<< shall include a name and telephone number of a person who is affiliated with the permit holder and directly responsible for and knowledgeable of the work to be performed. >>The notice shall identify the type of work to be performed and the estimated duration of the work. A color photograph or video shall be taken by the permit holder or person affiliated with the permit holder of the written notice being served. Photographs and video recordings shall be time and date-stamped and shall be maintained and made available to the commissioner, or the commissioner’s designee, upon request. Proper photographs or video-recordings shall depict written notice being served to the occupants of abutting properties in a clear and unobstructed perspective, as determined by the commissioner.<< No notification shall be required for emergency public way excavation, such as but not limited to an excavation relating to a gas, water or steam leak or an electrical outage, or for an excavation carried out in conjunction with minor maintenance activities, such as but not limited to manhole adjustments, hydrant or valve repairs or work on utility services to individual properties.

Part 2. Section 115-4-6 of the code is created to read:

6. FAILURE TO NOTIFY. If work is started or the public way occupied without first providing notification as required in sub. 5, any person, firm or corporation violating this section shall be subject to penalties as provided in s. 115-48.

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

LRB176382-4

Christopher Hillard

5/26/2023