Emergency Orders.

Milwaukee Code of Ordinances § 200-12.5

in effect

200-12.5. Emergency Orders. 1. ISSUANCE OF EMERGENCY ORDERS. Whenever the commissioner finds that an emergency exists which requires immediate action to protect the public health, safety or welfare, or that any person builds contrary to the plans and specifications submitted to and approved by the commissioner, or that any person omits, neglects or refuses to do any act required by any provision of the Milwaukee code over which the commissioner has enforcement jurisdiction or authority, the commissioner may issue an order to the owner, operator or occupant thereof, reciting the existence of such an emergency and requiring that such action be taken as necessary to meet the emergency. 2. CONTENT OF EMERGENCY ORDERS. All emergency orders of the commissioner shall be in writing and: a. Provide a description of the real estate to which the order applies sufficient for identification. b. Identify the sections of the code to which the order applies. c. Specify a time for compliance with the order and when appropriate, state that illegal occupancy or use of the building, structure, dwelling unit or equipment shall be discontinued immediately, or within a period of time deemed appropriate by the commissioner. d. Whenever the commissioner deems it appropriate, contain an outline of remedial action which, if taken, will result in compliance with the code provisions identified pursuant to par. b. e. Advise the owner, operator or occupant(s) of the right of appeal. Anyone who is served an emergency order under this section may, prior to the time specified for compliance, appeal to the commissioner for a review of the reasonableness of the order. An appeals hearing shall be conducted pursuant to sub. 4. The order shall specify the time period in which an appeal must be brought and the procedures for filing the appeal. 3. SERVICE OF EMERGENCY ORDERS. An emergency order under this section shall be served by posting the order in a conspicuous place on the premises and by sending the order by certified mail to the owner, or owner's agent, or operator, or occupant(s) or other person specified in sub. 1 in the manner provided for in s. 200-12-3. Prior to enforcing the order, the commissioner may attempt to contact all persons who are the subject of the emergency order by telephone to inform them of the contents and requirements of the emergency order. 4. APPEALS HEARING. a. The appeals hearing shall occur within 72 hours after receipt of the appeal. b. The commissioner, or the person appointed as the commissioner’s designee, shall conduct the appeals hearing. At the hearing, the appellant and the commissioner may be represented by an attorney and present evidence, call and examine witnesses and cross-examine witnesses of the other party. Such witnesses and the appellant shall be sworn by the commissioner. c. The appellant’s attorney may issue a request to compel the attendance of witnesses or the production of evidence. The request issued by an attorney shall be in substantially the same form as provided in s. 805.07(4), Wis. Stats., and shall be served in the same manner as provided in s. 805.07(5), Wis. Stats. The attorney shall, at the time of issuance, send a copy of the request to all concerned parties. d. The commissioner shall take notes of the testimony and shall mark and preserve all exhibits. The commissioner may, and upon request of the appellant shall, cause the proceedings to be taken by a stenographer or by a recording device, the expense thereof to be paid by the municipality. e. Within 20 days of completion of the hearing conducted under this subsection and the filing of briefs, if any, the commissioner shall mail or deliver to the appellant his or her written determination stating the reasons therefore. Such determination shall be a final determination.

Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-2/CH200-sub3.pdf#page=5Fetched: 10/26/2026