Title
Ordinance to create Section 9.34 of the City of West Allis Revised Municipal Code Requiring Property Owner Registration.
Body
Sponsor: Safety and Development Committee
The Common Council of the City of West Allis do ordain as follows:
PART I. Subsection 9.34 of Revised Municipal Code is hereby created to read as follows:
9.34 PROPERTY OWNER REGISTRATION
(1) PURPOSE.
(a) Property owner registration of residential and commercial properties is essential for the proper enforcement of the City's Building, Zoning, Fire & Health Codes and to safeguard persons, property and general welfare.
(b) The Common Council of the City of West Allis has determined that, in order to best safeguard the health, safety, and general welfare of the public, it is necessary to maintain a listing of current property owner contact information so that City agencies may expeditiously process property related enforcement issues.
(c) The Common Council of the City of West Allis has further determined that in order to expeditiously process enforcement issues, the property owner shall maintain domicile in the near area of the City of West Allis or appoint a local operator who maintains domicile in the near area of the City of West Allis.
(2) DEFINITIONS. In this section:
(a) “Condominium association” means an association in s703.02(1m) Wis Stats.
(b) “Condominium - Resident Agent” means a resident agent as defined in s.703.23, Wis Stats.
(c) “Commercial” means use of property that is not classified by the City Assessor as residential and includes classifications of mixed use, commercial, manufacturing, industrial and institutional property classifications.
(d) “Common elements” means common elements as defined in s.703.02(2) Wis Stats.
(e) “Domicile” means the owner's true, fixed and permanent residence and to which, whenever absent, the individual intends to return, except that no individual may have more than one domicile at any time.
(f) “Local operator” means a person appointed by the property owner with charge, care, and control of the property and, in the case of a condominium association, a person appointed with charge, care, and control of the condominium.
(g) “Owner” means each person who jointly or severally is vested with all or part of legal title to (or beneficial ownership of ) the premises, and who has the right to present use and enjoyment of the premises. The term includes, but is not limited to, a mortgagee in possession, a trustee, a trust, a life estate holder, a condominium association, a land-contract seller, a land-contract buyer, a general partnership, a limited partnership, a limited liability company, a cooperative, and a corporation.
(h) “Owner-occupied” means the owner is domiciled in a building or unit on the subject property.
(i) “Person” means an individual.
(j) “Physical address” means a unit-specific building or house number and street name and not a post office box or commercial alternative to a post-office box.
(k) “7-County Area” means the area within Milwaukee, Ozaukee, Kenosha, Racine, Walworth, Washington and Waukesha Counties.
(3) REGISTRATION REQUIRED.
(a) Except as specified in sub. (4), the following shall file with the City the required registration form provided by the City, for registering the property in compliance with this section.
1. Residential or Commercial Property Owner. One registration for each tax-key-numbered parcel classified as residential or commercial, including properties classified as a vacant lot.
2. Condominium Owner. One registration for each tax-key-numbered unit.
3. Condominium Association. One registration for the common elements that are part of the condominium.
4. Land Contract Owner. One registration containing seller and buyer information for each tax-key numbered parcel.
(b) Local Operator Required. If the owner's domicile is not within the 7-County Area, the property owner shall appoint a local operator with a physical address and domicile within the 7-County Area and having the authority to accept notice of violations for enforcement of City codes and of this section.
(c) Local Operator Required for Condominium. If the owner of a property classified as a condominium does not have a domicile within the 7-County Area, a local operator shall be appointed with a physical address and domicile within the 7-County Area and having the authority to accept notice of violations for enforcement of City Codes and of this section.
(d) Local Operator May Be Appointed. A property owner with domicile in the 7-County Area may appoint a local operator with a physical address and domicile within the 7-County Area and having the authority to accept notice of violations for enforcement of City Codes and of this section.
(e) Local Operator Required if the Owner or Condominium Agent is Domiciled Outside of the 7-County Area. If the owner's domicile in the case of a condominium or the resident agent's domicile, in the case of a condominium association, is outside of the 7-county area, the owner, or as the case may be, the condominium association, shall have a local operator with a physical address and domicile within the 7-county area and having the authority to accept notice of violations or enforcement of this section.
(f) Recording After Death. In the event of death of the property owner or condominium unit owner required to be registered under this section, the subsequent owner shall file a registration within 30 days after conveyance from the estate or other acquisition of interest. In the event of death of the condominium resident agent required to be registered under this section, the association shall have 60 days after that death to file a new registration naming a new condominium agent. In the event of the death of the local operator required under this action, the owner or condominium association, as the case may be, shall have 60 days after that death to file a registration naming a new local operator.
(g) Registering After Conveyance or Change of Ownership. In the event of any conveyance of any property or condominium unit required to be recorded under this section, the new owner shall file a new registration within 30 days of the date of conveyance, or if the conveyance is by sale after foreclosure, then within 30 days of the date of court-confirmation of the sale.
(h) Satisfaction of Land Contracts. Upon satisfaction of a land contract recorded hereunder, the land-contract seller shall file a seller notification hereunder, and the land-contract buyer who has acquired the fee interest in the building or condominium unit shall file a new registration.
(4) EXCEPTIONS. The following are exempt from registering as required under this section.
(a) Owners of owner-occupied one and two-family residential classified properties where the ownership is recorded with the Milwaukee County Register of Deeds and the owner's domicile is on the subject tax key numbered property.
(b) Owners of owner-occupied residential-condominium units where the ownership is recorded with the Milwaukee County register of deeds.
(c) Government-owned properties, including Federal, State, County, City of West Allis and West Allis/ West Milwaukee School District properties where ownership is recorded with the Milwaukee County Register of Deeds Office.
h) Condominium associations responsible for 2-unit residential buildings and where the association agent's mail-to is domiciled on the subject tax-key property.
(5) REGISTRATION.
(a) Signing.
1. Completed registration forms shall be signed by at least one of the owners, or, in the case of a condominium association, by the association's current condominium resident agent, and in cases involving a local operator, also by the local operator.
2. In the case of a registration involving a land contract, at least one land contract seller and one land contract buyer shall sign and file the same registration form for the subject property.
(b) Required Contents. Registration forms shall be provided by the City and information required to be provided on the form shall contain the following:
1. The tax-key number and legal address of the property.
2. The legal name and date of birth of the property owner or condominium agent.
3. The physical address and telephone number of the property owner, condominium agent, and local operator where the person can be readily and expeditiously contacted by the City.
4. For a registration filed by a condominium association, the name and physical address of the association, where the association is self-managed or has hired or retained management and the identity of any hired or retained management including contact telephone number for expeditious contact by the City.
(6) REGISTRATION; CHANGES IN INFORMATION.
(a) Beginning with the calendar year of 2010 and each year thereafter, each owner of a property required to be registered by this Section shall file the required registration form and required fee by October 1st of each year. The registration form shall be sent by first-class mail. Any registration filed later than October 15th of the registration year shall result in triple the fee.
(b) If any information listed on a previously filed registration changes, a new registration shall be filed within 30 days of the change in information. There shall be no fee for information change.
(c) The City may offer a reduced registration fee to a property owner of a single family, two family or multi-family use residential classified property upon presentation of proper documentation of attendance at a City sponsored landlord training program or equivalent program. Owners of other property classifications may also be offered reduced fees for attending City sponsored programs. Programs eligible and fee reduction shall be approved by the City Council by Resolution.
(7) FAILURE TO REGISTER.
(a) The listed owner of the property is responsible for compliance with the registration requirements of this section.
(b) Failure to file the required registration form, failure to file a change of information form, or failure to file the required fee is a violation of this Code and shall be outlined in written form and served upon the owner of the property or the condominium association. Such notice and order shall be served by the City by first class mail to the last known address of the property owner.
(c) Such Notice and Order shall include the following.
1. An adequate description of the property so affected.
2. A statement of violation, including the corresponding reference to the Code requirement.
3. An order for remedial action to correct such violation.
4. Statement of time for compliance to the Code requirement.
5. Statement of fee due.
(d) The time period for compliance may be extended at the discretion of the City.
(8) REGISTRATION FEE.
(a) The registration fee is $30.00 per year for the first year and $10.00 per year thereafter.
(9) APPEALS. Appeals of orders and notices under this section shall be made to the Property Maintenance Appeals Board.
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.