Standards and Appeals Commission.
Milwaukee Code of Ordinances § 200-17
in effect200-17. Standards and Appeals Commission.
1. MEMBERS. a. In order to provide for reasonable interpretations of the regulations of this code in its enforcement, there is created a standards and appeals commission consisting of 7 members who shall be qualified by experience and training to pass on matters pertaining to the building code. Members shall have at least 3 years of recent experience in their qualifying field. Each member shall have been a resident of the city for at least one year immediately prior to appointment or have maintained business offices within the city for at least one year immediately prior to appointment. All members shall continue to be a city resident or maintain a business office within the city. Each member shall serve until a successor has been appointed and qualified. The commission shall consist of:
a-1. One registered architect.
a-2. One person experienced in real estate and property management.
a-3. Two laypersons.
a-4. One representative of labor.
a-5. One builder or home improvement contractor.
a-6. One owner of rental residential or commercial property.
b. The commissioner of the department of public works, or the commissioner’s designee, shall serve as an alternate member of the commission. The alternate shall act, with full power, only when a member of the board refuses to vote because of conflict of interest or when a member is absent.
c. Commission members, except the alternate, shall be appointed by the mayor, subject to the approval of the common council, for a term of 3 years.
d. Before such appointments are made, the mayor may request recommendations from such organizations as:
d-1. The Wisconsin Chapter of the American Institute of Architects.
d-2. The Milwaukee Building and Construction Trades Council (A.F.L.).
d-3. The Milwaukee Builders Association.
d-4. The Milwaukee Board of Realtors.
e. Any member of the commission may be removed for just cause by the mayor upon notice. When any member is removed or resigns, or when a vacancy occurs, the mayor shall appoint a new member in the manner prescribed in this subsection.
2. ORGANIZATION. a. The commission during each annual meeting shall elect a chairman and vice-chairman who shall serve for one year. The commission shall adopt reasonable rules and regulations for conducting its meetings, hearings and investigations. The commission shall meet at least once each month for the consideration of any appeals and other matters, and shall set the time for its meetings.
b. The commissioner shall appoint one member of the department who shall act as secretary of the commission, and all minutes and records of the commission shall be filed in the department.
c. Members of the commission shall receive compensation as prescribed by ordinance.
3. POWERS AND DUTIES. a. The com-mission shall hear all appeals from the decision of the commissioner relative to the application and interpretations or issuance of variances in accordance with s. 200-16.5 of any regulation of this code, except appeals of orders issued under ss. 200-12.5, 218-4.5, ch. 295, the state of Wisconsin department of safety and professional services and appeals under s. 200-04-3.
b. Appeals to the commission shall be taken by filing with the commission secretary a notice of appeal specifying the grounds. The timely filing of a notice of appeal of an order issued under s. 200-12 shall stay the order until the hearing date. The secretary shall transmit to the commission all of the papers constituting the record upon which the action appealed from was taken. Appeals shall be filed with a fee as regulated in s. 200-33.
c. The commission shall have jurisdiction only in matters regulated in this code, and not specifically under the jurisdiction of any other appellate boards created pursuant to this code or the state of Wisconsin department of safety and professional services.
d. No member of the commission shall participate in any hearing or vote on any appeal in which the member has a direct or indirect financial interest, is engaged as a contractor, is engaged in the preparation of plans and specifications, or in which the member has any personal interest.
e. All decisions of the commission shall be in writing and shall be filed with the commissioner, with a copy of the decision forwarded to the appellant. The commission in its determinations shall have all the powers of the officer from whom the appeal is taken.
f. The commission shall hear all appeals relative to the enforcement of ch. 275 and by a concurring vote of the majority of its members may reverse or affirm, wholly or partly, or may modify the decision appealed from, and shall make such order or determination as in its opinion ought to be made.
g. The commission may reverse, modify in whole or in part, or affirm any order of the commissioner issued pursuant to s. 218-9 when it finds that alternatives to demolition of the structure will result in the rehabilitation and reuse of the building within a reasonable period of time. The commission shall hear appeals of such orders from any person with an ownership interest in the property, any holder of an encumbrance of record, any city of Milwaukee agency or any organization whose primary purpose is the preservation of housing and neighborhoods. Such person, agency or organization shall provide the commission with a written, detailed plan for the rehabilitation of the structure and shall demonstrate the existence of the financial resources needed to complete the rehabilitation project. The commission may allow rehabilitation of the property or allow the building to remain in a vacant and secured state, and may set reasonable terms and conditions for the granting of such relief.
h. The commission shall hear all appeals from any order of the commissioner issued pursuant to s. 218-4. For appeals brought under s. 218-4, the powers and duties of the commission shall be expressly limited to those powers and duties set forth in this paragraph. The commission shall determine whether such an order of the commissioner is reasonable as defined in s. 218-4-2-b. If the order is found reasonable, the commission shall dissolve the stay imposed pursuant to par. b, and if found not reasonable, the commission shall continue or modify the stay as the circumstances require. The commissioner may stipulate to a continuation of the stay when approved by the commission. If the commission finds that the order of the commissioner is unreasonable, the commissioner shall issue no other order under s. 218-4 in regard to the same building or part thereof until its condition is substantially changed.
i. The commission shall have the power to conduct a hearing and render a decision regarding the nonrenewal, suspension for a period of not more than 60 days, or revocation of an electrical license issued under ch. 222.
4. APPEALS ON THE INTERPRETATION AND ENFORCEMENT OF THE CODE. a. The commission may hear an appeal concerning the commissioner’s refusal to grant a variance under s. 200-16.5. The authority to interpret the intent of the code does not apply to appeals taken under ss. 200-12.5, 218-4 and 218-4.5, to petition for state building code variances under s. 200-17.5 or revocation of permits, certificates of occupancy or approvals made pursuant to s. 200-31 for violations of ch. 295.
b. Any decision of the commission shall be by a concurring vote of at least 5 members. Failure to secure 5 concurring votes shall be deemed a confirmation of the decision of the commissioner.
5. TIME FOR COMPLIANCE. Whenever at the time of final determination upon such hearing it shall be found that further time is reasonably necessary for compliance with the order of the department, the commission shall grant such time as may be reasonably necessary for compliance.
6. USES AUTHORIZED BY COMMON COUNCIL SPECIAL PRIVILEGE. Any use which is in conflict with provisions of this code, except for those sections of the state administrative code adopted by reference, for which the common council has authorized the granting of a special privilege pursuant to s. 245-12 shall be deemed a variance for the duration of the special privilege.
7. DEADLINES FOR APPEALS. Subject to the exceptions provided in sub. 3, appeals of any order issued by the department or departmental refusal to grant a requested variance shall be made in writing within 20 days of the date of service of the order, unless the order requires compliance in less than 20 days. In such cases, appeals shall be made in writing before the end of the term required for compliance. If service of the order is made by mail, any appeal of the order shall be made in writing within 30 days of the date of the order, unless the order requires compliance in less than 30 days. In such cases, appeals shall be made in writing before the end of a period equal to the term required for compliance plus 5 additional days. In no case, however, shall the appeal period be longer than 30 days. Citations issued by the department may not be appealed to the commission.
8. NOTIFICATION OF HEARING. Upon successful filing of an application for appeal, which falls under the jurisdiction of the standards and appeals commission, the appeal shall be heard at the next regularly scheduled hearing provided the appeal is filed no later than 10 working days prior to that hearing date. Appeals filed within 10 working days of the next hearing shall be heard at the following regularly scheduled hearing. In cases involving raze orders, the initial hearing will be adjourned for one cycle to serve as a public notice. The appeal hearing will then be scheduled for the following hearing date. Notices mailed by first class mail to the appellant’s mailing address on the appeal application or sent electronically as requested by the appellant shall be considered proper notification of hearing if mailed 10 calendar days prior to the scheduled hearing date.
9. FAILURE TO APPEAL. Failure to appeal an order issued by the department shall create a rebuttable presumption that a violation existed on the date of the issuance of the order.
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=9Fetched: 10/26/2026