Essential Services in Residential Premises.
Milwaukee Code of Ordinances § 200-21
in effect200-21. Essential Services in Residential Premises.
1. FINDINGS. The mayor and common council of the city of Milwaukee do find that there has existed and do exist many instances where owners of residential properties have failed to provide essential services, make necessary repairs or provide needed maintenance of structures or equipment, which create emergency situations that constitute a substantial threat to the health, safety, property and welfare of the citizens of the city and that in order to ensure proper operation and maintenance of the structures, equipment and systems that provide essential services and safe dwellings to such residents and enforce the provisions of ch. 275, it is necessary in unspecified emergencies to authorize the commissioner to enter upon the premises to take certain actions and to recover the cost of such activity from owner or responsible agent.
2. EMERGENCY CONDITIONS.
a. Whenever an emergency condition exists upon residential property, whether owner-occupied or nonowner occupied, which results in either the equipment and systems to supply such premises or units of such premises with heat, hot water, electricity, sanitary facilities or fire safety components, or the building components necessary to maintain the structural integrity, becoming defective or failing to operate so that in the opinion of the commissioner such condition constitutes a substantial hazard and danger to the health, property or safety of the occupants, the commissioner may act according to the provisions of this section unless either:
a-1. The cost of proceeding under this section would exceed 40% of the assessed market value of the property as last determined by the tax assessor; or
a-2. The time needed to either complete repair or correction of the emergency condition or to, at least, effect temporary code complying measures adequate to protect the health and safety of the occupant, will exceed 40 days. If either of these 2 factors are present, the commissioner may, in exercise of sound discretion, elect not to proceed pursuant to this section and may utilize any other remedy available under law as the commissioner deems appropriate.
b. In this section "emergency condition" means any condition dangerous or injurious to the health or safety of the occupants of a building, or occupants of neighboring buildings, which arises out of any of the following conditions:
b-1. A mechanical failure of the heating system or such inefficient operation of such system that it fails to maintain a minimum of 60 F. inside the unit, provided that enforcement of s. 275-61-1-b shall not be affected by this section.
b-2. Lack of adequate water supply, including hot water, provided that the 24-hour notice periods applicable under sub. 3-a and b shall be read as 72 hours and 84 hours respectively when the condition involves hot water supply only.
b-3. Structural, mechanical or electrical defects which increase the hazards of fire, accident, health or other calamity.
b-4. Lack of adequate and properly functioning sanitary facilities.
b-5. A failure of the mechanical systems to function properly due to a lack of utilities or fuel when such utilities or fuel are supplied by the owner or operator.
3. REPAIRING ESSENTIAL SERVICES. If the commissioner determines that an emergency condition described in sub. 2 exists, and neither of the 2 factors listed in sub. 2-a are present, or if either is present, the commissioner elects to proceed under this section, the commissioner shall issue an emergency order pursuant to s. 200-12 specifically describing the violations to be corrected and the action to be taken if the order is not complied with, and attempt to immediately serve the order on the owner or such owner's agent responsible for the maintenance, operation and repair of such structures, equipment or systems. Whenever such a condition exists, the commissioner shall immediately proceed to enter upon the premises and repair or cause to have repaired such condition, in a workmanlike manner by a licensed contractor. Whenever a condition exists as a result of a lack of fuel or utilities as described in sub. 2-b-5, the commissioner shall immediately proceed to enter upon the premises and restore or cause to have restored such utilities or fuel service and shall inform the tenants that the restoration and maintenance of fuel or utility services under this section require that the tenants deposit their rental payments with the city in accordance with s. 200-22 and that such payments continue to be deposited until the city's costs associated with providing fuel and utility services have been recovered and these services have been restored by the owner or operator. Before the commissioner may so act, one of the following 2 conditions must have been met:
a. The commissioner has been unable to give actual notice of the existence of such condition within the 24-hour period following the discovery of its existence to the owner or the owner's agent responsible for the maintenance and repair of such equipment and system or the provision of utilities or fuel services despite having employed his or her best efforts, including telephone calls and personal service, in attempts to do so.
b. The owner or the owner's agent responsible for the maintenance and repair of such equipment and systems or the provision of utilities and fuel services after having been so notified of the existence of such condition by the commissioner fails to begin to remedy such condition within 24 hours of having actual knowledge of having been so notified by the commissioner, or having so begun has not completely remedied such condition within 120 hours. If the remedy of such conditions has not been completed pursuant to this paragraph, but temporary code complying measures have been taken which adequately protect the safety and health of the occupants, the commissioner may extend, by no more than 48 hours the time period for completion of the remedy of such conditions prior to commencing to remedy the condition pursuant to this section.
4. EVICTION ORDERS. The commissioner shall not utilize this section to affect such repairs or provide utilities or fuel services when the unit is occupied by anyone in contravention of a valid court order issued pursuant to s. 799.44, Wis. Stats., unless such action is required to protect the health and safety of other occupants not subject to such an order.
5. TEMPORARY EMERGENCY HOUSING. Whenever an emergency condition described in sub. 2 exists, or wherever there is probable cause to believe that such a condition exists, and that in the opinion of the commissioner such condition cannot be remedied in time to alleviate a hazard and danger to the health and safety of the occupants, the commissioner shall, in addition to effecting repairs or providing utilities or fuel services pursuant to this section, refer the occupants, where necessary, to temporary housing. Whenever the commissioner makes such a referral, he or she must act immediately pursuant to sub. 3.
6. FUND FOR ESSENTIAL SERVICE EMERGENCIES. The comptroller shall set aside a fund for costs incurred by the commissioner in enforcing this section.
7. RECOVERY OF COSTS BY CITY. If, as a result of the enforcement of sub. 3, the commissioner expends monies of the city via the fund established in sub. 6, absent either payment or some binding written agreement for payment by the owner or the owner's agent responsible for the maintenance, repair and operation of such systems and equipment, the commissioner shall:
a. Institute within 30 days of completion of the repairs a court action to recover from such person an amount sufficient to compensate the city for the expense and labor in making such repairs or providing such utilities or fuel services as well as associated administrative costs. Administrative costs shall be deemed to be no less than $50 per hour per inspector field hour incurred pursuant to actions under this section. Additionally, damages shall also include, but not be limited to, costs incurred by the city in providing temporary relocation housing and assistance to the occupant under this section; or
b. Assess, following proper notice and opportunity for a hearing before the commission as provided in s. 200-17, charges upon the premises involved sufficient to compensate the city in an amount equal to that computed under par. a. In the event a judgment under par. a is satisfied, such tax assessment shall be deemed satisfied also vice-versa. At the discretion of the commissioner, charges may be paid as follows:
b-1. If the total amount of the principal of such charges remaining unpaid is the sum of $125, or over, it shall be spread equally over the first available and next succeeding 5 tax rolls.
b-2. If the total amount of the charges remaining unpaid is less than $125, said amount shall be placed on the first available tax roll.
b-3. In addition to the principal remaining unpaid, interest shall be added at a rate of 0.7% per month or 8.4% per year, commencing after the billing date of the invoice. A 45-day grace period for payment will be granted from the date of billing, and if not paid within such period, interest will be charged on a restorative basis to the date of billing.
b-4. After being placed on the tax roll in annual installments or otherwise, such amounts of special assessments shall be paid within the time allowed for the payment of general property taxes. If the taxpayer fails to pay a special assessment within the time allowed for payment, it shall become delinquent and be treated in the same manner and subject to the same laws as a delinquent general property tax.
8. RETALIATION PROHIBITED. No nonowner occupant of premises that become the subject of activity by the department under this section shall be evicted or retaliated against for having notified the department of the existence of such conditions or for having been the occupant at the time the commissioner took such action. It shall be presumed that any attempt to terminate the tenancy, or to increase charges, or to reduce services or to refuse to renew a rental agreement, or to otherwise harass or retaliate against such occupant or to reduce the level of services being rendered to such occupant during the period from the first complaint to the commissioner to 12 months after complete reimbursement to the city for the costs incurred by it in acting under this section is done in retaliation and is void and subject to a forfeiture of not less than $100 nor more than $2,000 for each such attempt. Such an occupant may be evicted for his or her failure to pay rent, or if the occupant commits waste upon the property, or if the occupant commits a substantial violation of a written rental agreement. In order to overcome such presumption, it must beshown by a preponderance of the evidence that such acts were based upon good cause. "Good cause" as used in this subsection means that one must show a good reason for his or her actions, other than one related to or caused by the operation of this section, including but not limited to normal rental increases due to tax increases or increases in maintenance costs.
9. REVIEW. Records shall be kept by the department and an annual report provided to the common council which would indicate whether this section is effective.
10. REMEDIES. Remedies provided under this section are not to be construed to be exclusive of any other remedy available under this code but are considered to be cumulative.
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=13Fetched: 10/26/2026