Madison, WI Header
File #: 74301    Version: 1 Name: Public Health Inspection Fees
Type: Ordinance Status: Passed
File created: 10/18/2022 In control: Attorney's Office
On agenda: 11/22/2022 Final action: 12/6/2022
Enactment date: 12/16/2022 Enactment #: ORD-22-00125
Title: Amending Several Sections of Chapter 7 and Section 9.23(4)(d)3. and 4. of the Madison General Ordinances to remove embedded annual license fees and assign the Board of Health to establish annual license fees.
Sponsors: Matthew J. Phair
Attachments: 1. 74301Body
Fiscal Note
The proposed change removes the embedded annual license fees administered by Public Health Madison Dane County from the ordinance. The fee schedule will be approved by the Board of Health each year and be publicly available in the Clerk’s Office and other locations. The change is based on the recommendation of the WI Department of Agriculture, Trade and Consumer Protection. No appropriation is required.
Title
Amending Several Sections of Chapter 7 and Section 9.23(4)(d)3. and 4. of the Madison General Ordinances to remove embedded annual license fees and assign the Board of Health to establish annual license fees.
Body
DRAFTER’S ANALYSIS: This group of ordinance changes removes the embedded annual license fees administered by Public Health Madison Dane County (“PHMDC”) and instead assigns the establishment of annual fees to the Board of Health (“BOH”). PHMDC administers food and drink permits, tattoo and body piercing licenses, public swimming pool licenses, hotels, motels, and tourist rooming house licenses, recreational and educational camp licenses, campground licenses (all under MGO Chapter 7) and mobile home park licenses (in MGO Sec. 9.23).

This change comes recommended by the Department of Agriculture, Trade and Consumer Protection (“DATCP”) during PHMDC’s most recent agent evaluation in order to eliminate the requirement for an ordinance change whenever a fee change is necessary. Any fee established by the BOH must be an amount sufficient to recover the costs incurred by the City and meet the requirement in Wis. Stat. Sec. 66.0628(2) that the fees charged “bear a reasonable relationship to the service for which the fee is imposed.” Since PHMDC is a joint city-county agency, Dane County and the City of Madison want to have consistency between the PHMDC-administered licenses in the Madison General Ordinances and the Dane County Ordinances. A parallel Dane County ordinance is also being adopted removing embedded annual fees and assigning f...

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