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Home My WebLink About20. 16-238APRIL 26, 2016 MAY 10, 2016 16-214 16-238 ORDINANCE FIRST READING SECOND READING (CARRIED___7-0___ LOST________ LAID OVER________ WITHDRAWN_______) PURPOSE: AMEND, REPEAL AND RECREATE VARIOUS SECTIONS OF THE MUNICIPAL CODE PERTAINING TO WEIGHTS AND MEASURES CHAPTER 29 INITIATED BY: INSPECTION SERVICES DIVISION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING, REPEALING AND RECREATING VARIOUS SECTIONS OF THE MUNICIPAL CODE PERTAINING TO WEIGHTS AND MEASURES FEES AND ENFORCEMENT The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 29-27 pertaining to Weights and Measures fees is hereby repealed and recreated to read as follows; and all fees noted are hereby repealed: Every person or establishment owning or having in their possession any weight, measure or instrument subject to the provisions of this Code is required to possess a valid license from the City Sealer. Fees for licenses required by this Article are due and payable before the issuance of a new license and renewal license annually before July 1 of each year. All fees for these service will be listed on the Weights & Measures fee schedule and will be established by resolution. SECTION 2. That Section 29-28 pertaining to late fees is amended by replacing Seventy five Dollars ($75.00) with One Hundred and Fifty Dollars (150.00) in the first paragraph and replacing Health Services with Weights and Measures in the second paragraph. SECTION 3. That Section 29-30(C) and (C)(1), (2), and (3) regarding suspension or revocation is hereby amended by replacing Health Director with Community Development Director or designee. SECTION 4. That Section 29-31 regarding reinstatement of permit is hereby amended by replacing Health Director with Community Development Director or designee. SECTION 5. This ordinance shall be in full force and effect from and after its passage and publication on May 14, 2016. SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #16-238 AMEND, REPEAL AND RECREATE VARIOUS SECTIONS OF THE MUNICIPAL CODE PERTAINING TO WEIGHTS AND MEASURES CHAPTER 29 ON MAY 10, 2016. This Ordinance amends, repeals, and recreates various sections of the Municipal Code pertaining to Weights and Measures fees and enforcement. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. O OJHKOlH ON THE WATER TO: FROM DATE: RE: MEMORANDUM Honorable Mayor and Members of the Common Council John Zarate Chief Building Official April 20, 2016 Approve Amendment to Chapter 29 — Weights and Measures Municipal Code BACKGROUND The City of Oshkosh Inspection Services Division contracted with the State of Wisconsin to perform the Weights & Measures inspections in 2012 after the Health Department was transferred to Winnebago County. The City of Oshkosh has resumed performing most of the program tests, and the Municipal Code language should be updated to reflect those changes. ANALYSIS City staff will resume testing scanners and scales throughout the City in the summer of 2016. DATCP will continue testing gasoline and other liquid/fuel dispensers. The Ordinance update includes: • Removing the current fee schedule for Weights & Measures from the Ordinance and establish fees by Resolution. • Adding the missing devices on the fee schedule: Taxi meters -$40 and Electric Pill Counter - $35. • Increasing the late penalty for registration from $75 to $150 in order to incentivize businesses to pay their Weights and Measures fees by the due date of July 1 St • Updating some language items (changes are in sections 29-27 through 29-32) which include the changes from above and change the following o Changing from Health Director to Community Development Director or designee o Changing from Health Services to Weights & Measures Division FISCAL IMPACT There is no change in the current fees charged. Two devices were not on the City's current fee schedule have been added, and will generate less than $1,000. The late penalty has been increased from $75.00 to $150.00 in an attempt to encourage timely payment and avoid additional penalties. The result may be a small decrease in fees collected. RECOMMENDATION The City Council approves the Ordinance Amendment. Respectfully Submitted, <,-�1�� •��-�� I�r John Zarate Chief Building Official Approved: f/�� Mark A. Rohloff City Manager City of Oshkosh Municipal Codes Revised 05/22/12 (B) No person shall refuse to exhibit any weight, measure, scale, scale beam, patent balance, steel yard, automatic or computing scale, or other instrument for weighing or measuring to the Sealer for the purpose of having it inspected and examined. (C) No person shall use or have in possession for use in buying or selling any commodity or service or sales in any incorrect weight or measure. (D) No person shall represent in any manner a false quantity or price in connection with the purchase or sale, or any advertising thereof, of any commodity, thing or service. (E) No person shall use or dispose of any rejected weight or measure commodity or removes therefrom any official tag, seal, stamp or mark without written authority from the Sealer. (F) No person shall use any weighing or measuring device in determining the quantity of any commodity or service to be sold or purchased without having the device approved and sealed by the Sealer and the proper certificate obtained. (G) No person shall violate any other provision of this Chapter. ARTICLE V. FEES SECTION 29-27 FEES Every person or establishment owning or having in their possession any weight, measure or instrument subject to the provisions of this Code is required to possess a valid license from the City Sealer. Fees for licenses required by this Article are due and payable before the issuance of a�er+�i� new license and renewal license annually before July 1 of each year; a,^��"^��^��r;�o� All fees for these service will be listed on the Weights & Measures Division fee schedule and will be established by resolution. �.,��- - . , � - - -- .. - - � - - . .. - . .. - • - ... - . . .. . _ • �� •� - - ' � •• - - • •�• •� •�• �• �- • - �- �� • - - �,_ • �� - ��- - � �• „_ �_ • �• ■- - �� „_ ■_ �� - -- ��- �- - �� - - ��- - �� '- - - - �� '� - - �� - . � �� ' - - �• City of Oshkosh Chapter 29 - Page 10 Municipal Code City of Oshkosh SECTION 29-28 LATE FEES/RE-INSPECTION FEE Municipal Codes Revised 05/22/12 The license year shall commence on July 1 and licenses shall expire on June 30th of the following year. If the annual renewal fee has not been paid as of July 1, an additional late payment fee of co„o.,+„ f,,,o n„�� {$�5-99� One Hundred Fifty Dolfars ($150.00) per establishment shall be required. In addition to any late fee authorized by this section, establishments operating on July 1 without proper licenses will be subject to citation. Establishments are subject to a re-inspection fee of Fifty Dollar ($50.00) for all subsequent re-inspections needed to address compliance issues related to the statutes and administrative codes that govern their operation. The re-inspection fee is payable when the re-inspection is completed or is due upon demand from the uo.,�+h co.,,;,.o� Weights & Measures Division. SECTION 29-29 DISPLAY All persons licensed under the provisions of this article shall immediately post their license upon some conspicuous part of the premises on which the business is conducted and the license shall remain posted for the period the license is in force. SECTION 29-30 NON-ISSUANCE OR REVOCATION OF PERMITS (A) Unless otherwise specifically provided, licenses and permits required under the provisions of this chapter shall not be issued: 1) Premises. For any premises for which taxes, assessments, or special charges are delinquent and unpaid. 2) Persons. To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. (B) Appeal. Alleged errors in the determination of non-issuance of the license may be appealed to the Finance Director within 5 days of notice of the non-issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the Finance Director is unable to so act, a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons for the decision made. Within ten (10) days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. On Appeal the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The City of Oshkosh Chapter 29 — Page 11 Municipal Code City of Oshkosh Municipal Codes Revised 05/22/12 Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal. Any party to the proceeding as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented, the Council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affir�n, or modify the decision of the Finance Director or other decision maker appealed from, and to this end may direct issuance or non-issuance of any license or permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief as may be available. (C) The uo��+h n;ro,.+„r Community Development Director or designee may suspend or revoke any license issued pursuant to this chapter for violations of ordinances or laws regulating the licensed activity and for other good cause. 1) Within thirty (30) days after any decision of the u��+h liiron�nr Community Development Director or designee to suspend or revoke a license or permit issued under this Chapter, any person aggrieved thereby may appeal from any such decision to the Common Council. Appeals shall be taken by filing with the uo,�+h n.ro,.+„r Community Development Director or designee a notice of appeal specifying the grounds therefor. On appeal the ��+h Iiiron+nr Community Development Director or designee shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall place the appeal before the Common Council at its next meeting. The Common Council shall fix a reasonable time for hearing of same and give public notice thereof, as well as due notice to the parties interested, and shall promptly decide the appeal. 2) Any party to an appeal as well as any person who claims to be adversely affected by allowance of the variance permit may appear at the hearing of such appeal in person and may produce witnesses and be represented by counsel. In addition, the Common Council may examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear all persons testifying before the Common Council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. 3) From the evidence before it, the Common Council, in conformity with the provisions of this section, may reverse, affirm or modify the decision of the ��+h n;ro,.+„� Community Development Director or designee appealed from, and, to this end, may direct the issuance of a license or permit. 4) Within five (5) days after any decision on an appeal, the Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. 5) Legal Recourse. Any applicant aggrieved by the decision of Common Council or any person so aggrieved may seek such other legal relief as may be available. (D) Automatic Revocation. The license of any establishment is automatically revoked when the City of Oshkosh Chapter 29 — Page 12 Municipal Code City of Oshkosh Municipal Codes Revised 05/22/12 business is not operated for thirty (30) days or longer, unless it is seasonal. Except for seasonal businesses, when an establishment is closed for a period of time more than thirty (30) days, the establishment shall be considered a new establishment and may not be reopened until granted a new license in accordance with this Ordinance. SECTION 29-31 REINSTATEMENT OF PERMIT Any establishment, the license of which has been suspended, may at any time make application for reinstatement of the license. After the receipt of a satisfactory application accompanied by a signed statement by the applicant that the violated provision or provisions of this Chapter have been conformed with, the uo.,�+h I-liror�+nr Community Development Director or designee shall make a reinspection of the premises. If the applicant is complying with the requirements of this Chapter, the ��+h Iiiron}r�r Community Development Director or designee shal� reinstate the license. Thereafter the Community Development Director or designee may make as may additional reinspections as necessary to assure that the applicant is complying with the requirements. SECTION 29-32 PENALTY FEE FOR USE OF UNREGISTERED DEVICE Failure to make notification to the City Sealer within seventy-two (72) hours of the addition or replacement of any new e�sed,used or repaired weights and measures equipment, including any scale, pump, meter, etc., shall lead to a penalty of triple the device fee herein prescribed being assessed. Payment of any fee mentioned in this subsection, however, shall in no way relieve any person or firm of the penalties that may be imposed for violation of this Chapter. ARTICLE VI. PENALTIES SECTION 29-33 PENALTIES Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall upon conviction thereof, be punished by a forfeiture of not less than Seventy-five Dollars ($75.00) nor more than Five Hundred Dollars ($500.00) together with the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate offense. City of Oshkosh Chapter 29 — Page 13 Municipal Code