City of Milwaukee - File #: 101527

• File #: 101527
• Version: 0
• Type: Ordinance
• Status: Passed
• File created: 4/12/2011
• In control: JUDICIARY & LEGISLATION COMMITTEE
• Final action: 5/3/2011
• Effective date: 5/20/2011
• Title: An ordinance relating to the extension of deadlines for filing appeals with the board of review and the presentation of evidence at board of review hearings.
• Sponsors: THE CHAIR
• Indexes: BOARD OF REVIEW

Date	Ver.	Action By	Action	Result	Tally
5/19/2011	0	CITY CLERK	PUBLISHED
5/10/2011	0	MAYOR	SIGNED
5/3/2011	0	COMMON COUNCIL	PASSED	Pass	15:0
4/26/2011	0	JUDICIARY & LEGISLATION COMMITTEE	RECOMMENDED FOR PASSAGE; Minutes note: Individual present: Mary Reavy - Assessment Commissioner	Pass	4:0
4/20/2011	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
4/20/2011	0	JUDICIARY & LEGISLATION COMMITTEE	HEARING NOTICES SENT
4/12/2011	0	COMMON COUNCIL	ASSIGNED TO

Number
101527
Version
ORIGINAL
Reference

Sponsor
THE CHAIR
Title
An ordinance relating to the extension of deadlines for filing appeals with the board of review and the presentation of evidence at board of review hearings.
Sections
81-12.3 rp
307-4-4 rp
307-4-5 rp
307-4-6 rp
Analysis
On April 9, 2008, the Common Council passed File Number 071290, an ordinance that made a number of changes to the procedures and duties of the board of review and commissioner of assessments, specifically with respect to the filing of appeals with the board and the presentation of evidence at board hearings. This ordinance made the Code of Ordinances consistent with 2007 Wisconsin Act 86, which was enacted March 13, 2008.

On March 25, 2011, the Wisconsin Supreme Court issued its decision in the case Metropolitan Associates v. City of Milwaukee. In its decision, the Court ruled that 2007 Wisconsin Act 86 is unconstitutional.

This ordinance repeals the code provisions that are based on 2007 Wisconsin Act 86, so that the relevant sections of the code read just as they did prior to passage of File Number 071290.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:

Part 1. Section 81-12.3 of the code is repealed.
(Note: The provision being repealed reads as follows:

81-12.3. Board of Review Hearing Extension. The fee for a 60-day extension for an appeal hearing before the board of review shall be $100.
(See s. 307-4-4.))

Part 2. Section 307-4-4 to 6 of the code is repealed.
(Note: The provisions being repealed read as follows:

307-4. Board of Review.

4. HEARING EXTENSION. Pursuant to s. 70.47(16)(c), Wis. Stats., the board shall grant a taxpayer a 60-day extension for a hearing related to the taxpayer’s objection to an assessment if the taxpayer submits to the board, along with the objection, a request for an extension and pays the city the fee specified in s. 81-12.3.

5. PRESENTATION OF EVIDENCE. Each taxpayer who submits an...