From: Intergovernmental Sent: Tuesday, March 31, 2009 10:49 AM To: Wood, Brenda; Elmer, Linda Subject: FW: AB-147 Relating to: regulating the amount of a forfeiture for failure to remove snow. E-mail regarding AB-147 for Jud/Leg 4/6/09 Agenda. -----Original Message----- From: Mantes, Jeffrey Sent: Monday, March 16, 2009 3:42 PM To: Gonda, Jennifer; Intergovernmental; Cole, Preston; Booker, Wanda; Krug, Shirley; Schroeder, LaQuisha; Purko, James Cc: Vornholt, Paul Subject: RE: AB-147 Relating to: regulating the amount of a forfeiture for failure to remove snow. This Ordinance passed on 1-16-09 and takes effect 3-20-09. Jeff +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Number 081369 Version SUBSTITUTE 2 Reference 010233 Sponsor ALD. BOHL AND KOVAC Title A substitute ordinance providing charges for violations relating to return of garbage and recycling carts to their original location, mowing of grass, and removal of snow, ice and other debris from sidewalks. Sections 61-19 rp 79-16-2-a-1-d am 79-47-1-e am 80-17-6 cr 80-90 am 116-8-4 rc Analysis This ordinance provides an initial inspection charge and increases other special charges when the owner, occupant or other person in charge of the property fails to comply with code provisions to keep sidewalks clear of snow, to return garbage and recycling carts to original positions after pickup service, and to mow grass or weeds. The intent of the ordinance is to recover actual costs related to processing complaints, inspecting premises and other costs of administration including printing, public education, and accounting. The ordinance provides an initial charge of $25 if, upon inspection, the inspector determines that the owner or responsible party is in violation. The ordinance increases the special charge for failure to return a service cart to original storage after notice or order to do so from $20 to $35 for the first violation following written notice or order, and from $35 to $60 for a subsequent violation in a calendar year. The ordinance provides a special charge of $65 for failure to mow grass or weeds, and a special charge of $100 for each subsequent violation within the calendar year. The ordinance further increases the special charge for failure to keep sidewalks clear of snow and ice from $25 to $45 for the first violation and each additional violation in a calendar year will be subject to a special charge $90. The special charges provided in this ordinance are in addition to costs incurred by the city for remediation or abatement, if necessary. Body Whereas, Administrative costs related to the enforcement of ordinances intended to protect the health and safety of the public including ordinances prohibiting certain weeds and grasses over 9 inches, returning service carts to storage areas, and keeping sidewalks clear of snow, ice, mud and dirt, are a substantial burden on the city given the amount of staff resources required for processing complaints, inspection of premises, preparation and delivery of notices, arrangement for abatement, providing public information and education, and accounting for charges and assessed costs, and other resources including printing costs; and Whereas, City ordinances permit special charges and costs of abatement to be assessed on property tax rolls if they are not timely paid following billing; and Whereas; The number of grass and weed service requests received by the city in the period beginning April 1, 2008, and ending October 1, 2008 was 7,584, of which approximately 70% required posting of notices to comply; and Whereas, The number of properties that came into compliance with weed and grass requirements prior to billing for charges and costs was 502, and the amount billed by the city for non-complying properties was $354,065; and Whereas, Sidewalk snow and ice complaints from December 1, 2007, to May 1, 2008, numbered 6,359; and Whereas, The number of properties that came into compliance with snow and ice requirements in 2008 was 834, and the amount billed by the city for non-complying properties was $140,892; and Whereas, The number of notices issued in 2008 for failure to comply with requirements to return garbage and recycling carts to storage areas was 2,074, and the amount of charges and costs billed by the city for failure to comply was $55,721, of which $42,763 was assessed on property tax rolls; and Whereas, It is the intent of the common council to recover actual costs associated with ordinance enforcement to the extent practicable and to thereby provide a greater incentive for property owners, tenants and other responsible parties to maintain properties in compliance with city ordinances; now, therefore The Mayor and Common Council of the City of Milwaukee do ordain as follows: Part 1. Section 61-19 of the code is repealed. Part 2. Section 79-16-2-a-1-d of the code is amended to read: 79-16. Penalty. 2. LIEN. a-1-d. >>If a person is found to be in violation of the requirements of s. 79-5-5, the person shall be subject to a special charge of $25.<< A person who fails to comply with s.79-5-5 shall receive a written notice with respect to the alleged violation of s. 79-5-5. Failure to comply following such notification shall result in a special charge of [[$20]]>>$35<<, and the second and each subsequent failure to comply within a calendar year shall result in a special charge of [[$35]]>>$60<<. Part 3. Section 79-47-1-e of the code is amended to read: 79-47. Penalties, Liens and Citations. 1. PENALTIES. e. Any person who fails to comply with s. 79-32 >>shall be subject to a special charge of $25 and<< shall receive written notice with respect to the alleged violation of s. 79-32. Failure to comply following such notification shall result in a special charge of [[$20]]>>$35<<, and [[the second and]] each subsequent failure to comply within a calendar year shall result in a special charge of [[$35]]>>$60<<. Part 4. Section 80-17-6 of the code is created to read: 80-17. Hay Fever Weeds, etc. 6. CHARGES AND COSTS. a. If a person is found to be in violation of the requirements of this section, the person shall be subject to a special charge of $25. There shall be a further special charge of $65 for failure to mow or otherwise abate any condition that remains in violation of this section. Upon a subsequent failure to comply with this section in the same calendar year, the person shall be subject to a special charge of $100. Any costs incurred by the city in abatement or remediation shall constitute additional special charges. b. Special charges made under this subsection shall be due and payable 30 days after billing or, if not paid within that time, become a lien on the subject property as provided in s. 66.0627, Wis. Stats. The lien shall take effect as of the date of delinquency and shall include an administrative charge of $10. The lien shall automatically be extended upon the current or next tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of the property for delinquent real estate taxes shall apply to such charge. The charge shall not be payable in installments. Part 5. Section 80-90 of the code is amended to read: 80-90. Penalties. Any person violating any of the following provisions of the chapter listed in column A shall be liable on conviction to the penalties listed in column B and described in ch. 61: A B 80-3 Class E 80-6 to 7 Class E 80-12 Class E 80-13 Class E 80-15 Class D [[80-17 Class M]] 80-19 Class E 80-22 Class F 80-27 Class E 80-28 Class E 80-29 Class E 80-31 Class E 80-42 Class F 80-44 Class E 80-45 to 80-46.5 Class E 80-48 Class E 80-49 Class K 80-60 to 80-65-3 Class E 80-65-4 Class K 80-66 to 80-68 Class E 80-69 Class C 80-70 to 80-73 Class E Part 6. Section 116-8-4 of the code is repealed and recreated to read: 116-8. Sidewalks to be Kept Clean. 4. CHARGES. a. If a person is found to be in violation of the requirements of this section, the person shall be subject to a special charge of $25. A second failure to comply within the same calendar year shall result in a special charge of $45 constituting a lien upon the property together with all costs to the city for remediation, abatement or removal. A subsequent violation within a calendar year of the first violation shall result in a charge of $90. Any costs incurred by the city for abatement, remediation or removal shall constitute further special charges. b. Special charges made under this subsection shall be due and payable 30 days after billing or, if not paid within that time, become a lien on the subject property as provided in s. 66.0627, Wis. Stats. The lien shall take effect as of the date of delinquency and shall include an administrative charge of $10. The lien shall automatically be extended upon the current or next tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of the property for delinquent real estate taxes shall apply to such charge. The charge shall not be payable in installments. 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 LRB08583-7 RLW 3/3/2009 ====================================================================================== Jeffrey J Mantes Commissioner of Public Works City of Milwaukee Room 501 Municipal Building 841 N Broadway Milwaukee, WI 53202 414-286-3301 jeffrey.mantes@milwaukee.gov NOTE NEW E-MAIL ADDRESS jeffrey.mantes@milwaukee.gov -----Original Message----- From: Gonda, Jennifer Sent: Monday, March 16, 2009 3:15 PM To: Mantes, Jeffrey; Intergovernmental; Cole, Preston; Booker, Wanda; Krug, Shirley; Schroeder, LaQuisha; Purko, James Cc: Vornholt, Paul Subject: RE: AB-147 Relating to: regulating the amount of a forfeiture for failure to remove snow. Jeff, Since our internet is not working well today, I can't pull up that file and I already have a question from a legislator about our fees. How much are they? Thanks, Jennifer -----Original Message----- From: Mantes, Jeffrey Sent: Monday, March 16, 2009 2:58 PM To: Intergovernmental; Cole, Preston; Booker, Wanda; Krug, Shirley; Schroeder, LaQuisha; Purko, James Cc: Vornholt, Paul; Gonda, Jennifer Subject: RE: AB-147 Relating to: regulating the amount of a forfeiture for failure to remove snow. This bill is in direct conflict CC File # 081369 . I believe the recovery of costs for these type of nuisance violations lies with the local jurisdiction of government and the State has no business meddling in local affairs. I believe we should oppose this legislation. By copy I am asking staff to further comment. Thanks Jeff Jeffrey J Mantes Commissioner of Public Works City of Milwaukee Room 501 Municipal Building 841 N Broadway Milwaukee, WI 53202 414-286-3301 jeffrey.mantes@milwaukee.gov NOTE NEW E-MAIL ADDRESS jeffrey.mantes@milwaukee.gov -----Original Message----- From: Intergovernmental Sent: Monday, March 16, 2009 2:33 PM To: Mantes, Jeffrey Cc: Vornholt, Paul; Gonda, Jennifer Subject: AB-147 Relating to: regulating the amount of a forfeiture for failure to remove snow. http://www.legis.state.wi.us/2009/data/AB-147.pdf AB-147 was recently introduced. Please review the proposed legislation for its impact on the City of Milwaukee and respond below by email ('Reply to All') as soon as possible. Please include the following information: Is this germane to the City of Milwaukee? Recommended position: Specific reason for this position: Estimated fiscal cost or revenue: The information you provide will be helpful to the Judiciary and Legislation Committee in formulating the City's position. Thank you.