Village of Mazomanie, WI
Dane County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Mazomanie 6-28-1988 as Title 2, Ch. 4 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 94.
Village Board — See Ch. 132.
Historic Preservation Commission — See Ch. 246.

§ 15-1 Board of Review.

A. 
Composition. The Board of Review shall consist of the Village President, the Clerk-Treasurer, two Trustees of the Village Board, and a citizen at large, who shall be annually appointed at the Village Board’s organizational meeting. In addition, one other Village employee who has attended a training session under § 73.03(55), Wis. Stats., within the last two years (or will attend prior to the Board of Review’s first meeting) shall be appointed to act in place of any of the foregoing officers and Trustees who may be unable to attend or otherwise participate in any proceeding before the Board of Review. Any Board of Review member or alternate must be a resident or officer of the Village. The President of the Village Board shall make the foregoing appointments, subject to the confirmation of the Board of Trustees, at said organizational meeting.
[Amended 3-26-2013 by Ord. No. 2013-1]
B. 
Duties and compensation.
(1) 
Duties. The duties and functions of the Board of Review shall be as prescribed in §§ 70.46 and 70.47, Wis. Stats.
(2) 
Compensation. Compensation for the members of the Board of Review shall be as is established by the Board of Trustees for such Village. This compensation shall be in accordance with the compensation for the other boards, committees and commissions in the Village of Mazomanie.
[Amended 4-28-1998 by Ord. No. 1998-4; 5-14-2002 by Ord. No. 2002-1]
C. 
Meetings. In accordance with § 70.47(3)(b), Wis. Stats., the Village Board does hereby exercise its right to designate hours for the annual Board of Review proceedings other than those set forth in § 70.47(3)(a), Wis. Stats., and does hereby designate the hours of the annual Board of Review to be decided between the Village Clerk-Treasurer and Village Assessor. The Board may adjourn from day to day or from time to time, until such time as its business is completed, provided that adequate notice of each adjournment is so given.
[Amended 4-28-1998 by Ord. No. 1998-4; 5-14-2002 by Ord. No. 2002-1]

§ 15-2 Board of Health.

A. 
Composition. The Board of Health shall consist of the members of the Village Board's Public Protection and Ordinance Committee, who shall be annually appointed. The Health Officer and any assistants shall be ex officio members of the Board of Health.
B. 
Power of appointment. The Board of Health may appoint persons to aid it.
C. 
Responsibilities.
(1) 
The Board of Health shall take such measures as shall be most effectual for the preservation of the public health. It shall be the duty of the Board of Health to assume the general administration of health and sanitation laws and regulations in the Village, to supervise the work of the Health Officer and to attend to the administration and enforcement of the health laws of the state and the rules and regulations prescribed by the State Department of Health and Family Services and the ordinances of the Village.
(2) 
Powers. The Board shall take such measures and make such rules and regulations as shall be necessary and effectual for the preservation and promotion of the public health in the Village. All orders and regulations of the Board shall be published in the official newspaper and, after publication, shall have the force and effect of ordinances, including penalty for violation.

§ 15-3 Zoning Board of Appeals.

A. 
Establishment. A Zoning Board of Appeals shall be appointed as specified in § 62.23(7)(e), Wis. Stats. The Zoning Board of Appeals shall consist of five citizen members appointed by the Village President, subject to confirmation by the Village Board, for a three-year term of office. The members serve with compensation and shall be removable by the Village President for cause upon written charges and upon public hearing. The Village President shall designate one of the members Chairman.
[Amended 4-28-1998 by Ord. No. 1998-3]
B. 
Powers.
(1) 
The Zoning Board of Appeals shall have the following powers:
(a) 
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the Zoning Code or Floodplain Zoning Code.[1]
[1]
Editor's Note: See Ch. 400, Floodplain Zoning, and Ch. 415, Zoning.
(b) 
To hear and decide special exceptions to the terms of the Village zoning and floodplain zoning regulations upon which the Zoning Board of Appeals is required to pass.
(c) 
To authorize upon appeal in specific cases such variance from the terms of the Village zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of the Zoning Code shall be observed, public safety and welfare secured and substantial justice done; provided, however, that no such action shall have the effect of establishing in any district a use or uses not permitted in such district.
(d) 
To permit the erection and use of a building or premises in any location, subject to appropriate conditions and safeguards in harmony with the general purposes of the Zoning Code, for such purposes which are reasonably necessary for public convenience and welfare.
(2) 
The Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify any order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made. The concurring vote of three members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from, or to decide in favor of the applicant on any matter on which it is required to pass, or to effect any variation in the requirements of the Zoning Code. The grounds of every such determination shall be stated and recorded. No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order unless the land use permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Meeting and rules. All meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All hearings conducted by said Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Village Clerk-Treasurer and shall be public record. The Board shall adopt its own rules of procedure not in conflict with this section or with the applicable Wisconsin Statutes.
D. 
Offices. The Village Board shall provide suitable offices for holding hearings and the preservation of records, documents, and accounts.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 15-4 Plan Commission.

A. 
Composition. The Village Plan Commission shall consist of the Village President, one Trustee, and five citizens. The Village President shall be the presiding officer.
B. 
Appointment.
(1) 
Trustee member. The Trustee member shall be annually appointed by a two-thirds vote at the organizational meeting of the Village Board during the month of April of each year.
(2) 
Citizen members. The five regular citizen members of the Commission shall be appointed by the Village President, subject to confirmation by the Village Board. The original citizen members shall be appointed upon creation of the Commission and shall hold office for a period of one and two years, respectively, from the succeeding first day of May, and thereafter annually during the month of April such member shall be appointed for a term of two years.
C. 
Record. The Plan Commission shall keep a written record of its proceedings, to include all actions taken, a copy of which shall be filed with the Village Clerk-Treasurer. Four members shall constitute a quorum but all actions shall require the affirmative approval of a majority of all of the members of the Commission.
D. 
Duties.
(1) 
The Master Plan.
(a) 
The Plan Commission shall make, adopt and, as necessary, amend, extend or add to the Master Plan, subject to Village Board confirmation, for the physical development of the Village, including areas outside of its boundaries which, in the Plan Commission's judgment, bear relation to the development of the Village. The Master Plan, with the accompanying maps, plats and descriptive and explanatory matter, shall show the Commission's recommendations for such physical development and may include, among other things, without limitation because of enumeration, the general location, character and extent of streets, highways, freeways, street grades, roadways, walks, parking areas, public places and areas, parks, parkways, playgrounds, sites for public buildings and structures, and the general location and extent of sewers, water conduits and other public utilities, whether privately or publicly owned, the acceptance, widening, narrowing, extension, relocation, removal, vacation, abandonment or change of use of any of the foregoing public ways, grounds, places, spaces, buildings, properties, utilities, routes or terminals, the general location, character and extent of community centers and neighborhood units, and a comprehensive zoning plan.
(b) 
The Commission may adopt the Master Plan as a whole by a single resolution or, as the work of making the whole Master Plan progresses, may from time to time by resolution adopt a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan. The adoption of the plan or any part, amendment or addition shall be by resolution carried by the affirmative votes of not less than a majority of all the members of the Plan Commission, subject to confirmation by the Village Board. The resolution shall refer expressly to the maps, descriptive matter, and other matters intended by the Commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the Secretary of the Commission, and a copy of the plan or part thereof shall be certified to the Village Board. The purpose and effect of the adoption and certifying of the Master Plan or part thereof shall be solely to aid the Plan Commission and the Village Board in the performance of their duties.
(2) 
Matters referred to Plan Commission. The Village Board or officer of the Village having final authority thereon shall refer to the Plan Commission, for its consideration and report before final action is taken by the Board, public body or officer, the following matters: the location of any statue or other memorial; the location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land for or lease of land for any street, alley or other public ways, park, playground, airport, area for parking vehicles, or other memorial or public grounds; the location, extension, abandonment or authorization for any public utility, whether publicly or privately owned; all plats of lands in the Village or within the territory over which the Village is given platting jurisdiction by Ch. 236, Wis. Stats.; the location, character and extent or acquisition, leasing or sale of lands for public or semipublic housing, slum clearance, relief of congestion, or vacation camps for children; and the amendment or repeal of any land use ordinance. Unless such report from the Commission is made within 30 days, or such longer period as may be stipulated by the Village Board, the board or other public body or officer may take final action without it.
(3) 
Miscellaneous powers. The Commission may make reports and recommendations relating to the plan and development of the Village to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the Village Board programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the Commission, within a reasonable time, such available information as it may require for its work. The Commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys, and place and maintain necessary monuments and markers thereon. In general, the Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning in cooperation with the Village Board. The Commission shall oversee community development block grants.

§ 15-5 Library Board.

A. 
Organization; terms.
(1) 
There is hereby created, pursuant to Ch. 43, Wis. Stats., a Municipal Library Board for the Village consisting of a seven-member Board in three classes. Three of such members shall serve for a period of three years, two shall serve for two years, and two shall serve for a period of one year.
(2) 
Terms of such members shall be from July 1 in the year of their appointment, and thereafter each regular appointment shall be for a term of three years. Not more than one member of the Village Board shall at any one time be a member of the Library Board. Members shall be appointed by the Village President, subject to confirmation by the Village Board. The Village President shall appoint as one of the Library Board members a school district administrator, or his representative, to represent the public school district or districts in which the library is located.
(3) 
A majority of the membership of the Board shall constitute a quorum.
(4) 
As soon as practicable after the first appointments, at a date and place fixed by the appointing officer, and annually thereafter within 30 days after the time designated in this section for the beginning of terms, the members of the Library Board shall organize by election from among their number of a President and such other offices that they deem necessary to prescribe and adopt rules and regulations for the operation of the library.
B. 
Duties and powers. The Library Board shall have the duties and powers as prescribed by Ch. 43, Wis. Stats., and more particularly set forth in § 43.58, Wis. Stats.

§ 15-6 Police Commission.

[Added 9-10-1996 by Ord. No. 1996-5; amended 9-24-1996 by Ord. No. 1996-6]
A. 
Creation. Pursuant to the authority in §§ 61.65 and 62.13, Wis. Stats., the Village of Mazomanie creates a Police Commission, which shall govern and control the actions of the Village of Mazomanie Police Department.[1]
[1]
Editor's Note: See also Ch. 100, Police Department.
B. 
Members; appointment. The Police Commission shall consist of five members appointed by the President and confirmed by the Village Board. Members shall be eligible voters in the Village of Mazomanie. Only one Trustee of the Village of Mazomanie may be appointed to be on the Police Commission at any one time. Members shall serve for a period of five years, with terms staggered so that regularly there is one appointment annually. Initially, upon adoption of this subsection, the Village Board shall approve five members who shall serve until May 1, 2003. Commencing May 1, 2003, members shall be appointed as follows: one member shall have a term of one year; one member shall have a term of two years; one member shall have a term of three years; one member shall have a term of four years; and one member shall have a term of five years. Each member so appointed shall be appointed for a specific term. Terms shall begin on May 1 of each year, with the initial terms of appointment commencing on May 1, 2003.
[Amended 10-8-2002 by Ord. No. 2002-5[2]]
[2]
Editor's Note: Section 2 of this ordinance provided as follows: "Wisconsin Statutes § 62.13(1), (3), (4) and (5), as amended, shall apply and be applicable to the Village and the Police Commission. All references therein to 'Board' shall apply to the Police Commission."
C. 
Meetings. The Commission shall meet at least once per month, at times and dates determined by the Commission. The Commission shall have at least five days' but not more than 10 days' notice for any special meeting. The Commission shall elect a Chairman and a Secretary, and the Secretary shall keep a written record of its proceedings, to include all actions taken. The Commission shall establish rules and regulations for the performance of its meetings and its duties.
D. 
Duties. It shall be the duty of the Commission to take charge of, study, develop, and maintain and operate the police equipment of the Village of Mazomanie and to employ the necessary personnel for the operation thereof and to perform such other duties as shall be assigned by the Village Board.
E. 
Regulations. The Commission shall be authorized to appoint such employees as may be necessary for the effective administration, operation, and development of the police facilities of the Village of Mazomanie, subject, however, within the limitations of available funds. Prior to the first day of October of each year, the Commission shall submit to the Village Board an annual budget for the ensuing year and file the same with the Village Clerk-Treasurer, and upon the approval of the Village Board, such necessary expenditures shall be included in the budget of the Village. The Commission shall submit to the Village Board at the Board's regular meeting in January of each year a report upon the activities of the Commission during the preceding year.
F. 
Expenses. The Commission shall control and audit the expenses of the Police Department. The Village Clerk-Treasurer shall pay from the funds so appropriated the expenses of administration of the Department. All such expenditures shall be paid by ordered checks and shall have been ordered and approved by the Commission and filed with the Village Clerk-Treasurer. The Commission shall not contract any liability in excess of the budget of the Commission as authorized by the Village Board.

§ 15-7 Meetings and public notice.

A. 
Regular meetings; public notice. Every board, committee and commission created by or existing under the ordinances of the Village shall:
(1) 
Schedule a date, time and place for its meetings.
(2) 
Publish notice in or notify the official Village newspaper in advance of each such regular meeting of the date, time, and place thereof, in compliance with state law, and/or post, at the front door of the Municipal Building, an agenda of the matters to be taken up at such meeting
B. 
Special meetings. Nothing in Subsection A shall preclude the calling of a special meeting or dispensing with the publication of notice or such posting of the agenda, for good cause, but such special meetings shall nonetheless comply in all respects with the provisions of §§ 19.81 to 19.89, Wis. Stats.
C. 
Minutes. The secretary of each board, committee and commission shall file a copy of the meeting minutes of such board or commission with the Village Clerk-Treasurer.

§ 15-8 Residency required.

No person not a resident of and not residing in the Village shall be appointed to any Village board or commission. Any board or commission member who moves from the Village shall be removed from such board or commission but may be appointed to serve in an ex officio capacity.

§ 15-9 Public Utilities Commission.

[Added 9-22-2015 by Ord. No. 2015-2]
A. 
Composition. The Public Utilities Commission shall consist of seven voting members: two shall be Village Trustees; one shall be the Director of Public Works; one shall be the Village Deputy Clerk; and three shall be citizen members. The three citizen members shall be persons of recognized experience and qualifications. The Public Utilities Commission shall have general supervision and control of the following Village public utilities: sanitary sewer, stormwater management, public water, and electric.
B. 
Appointment.
(1) 
Village Trustee and officer members. The Village Trustee members of the Public Utilities Commission shall be appointed annually by the Village President, subject to the approval of the Village Board, at the organizational meeting of the Village Board. The Director of Public Works and the Village Deputy Clerk shall serve as members for so long as they each hold their respective offices of Director and Clerk.
(2) 
Citizen members. The citizen members shall be appointed by the Village President, subject to Village Board approval, at the organizational meeting. The term of each citizen member shall be for a staggered term of two years, except that the initial appointments may be shorter or longer to establish the staggered terms. In case of vacancy, the Village President may, subject to the approval of the Village Board, at any regular or special meeting, appoint a member for the unexpired term.
(3) 
Officers. The Public Utilities Commission shall select from among its membership a Chairperson and Vice Chairperson, who shall serve in such capacity for one year. The Village Deputy Clerk shall act as secretary of the Commission.
C. 
Meetings and quorum. The Public Utilities Commission may make rules for its own proceedings and for the governing of the utilities. It shall keep books of account in the manner and form prescribed by the Wisconsin Public Service Commission, which shall be open to the public. Four members shall constitute a quorum. The Public Utilities Commission shall have the general management and supervision of the Village water, sewer and stormwater utilities, and all matters connected therewith; and shall have the general power and authority to make rules and regulations for the management of said utilities as it shall from time to time find necessary for the safe, economical and efficient management and protection of said utilities. The Commission shall meet at least quarterly. All rules and regulations are subject to Village Board review and approval. All members of the Public Utilities Commission shall be paid the sum of $20 by the Village for attendance at each meeting of the said Commission.
D. 
Powers and duties.
(1) 
Finances. The Public Utilities Commission will be responsible for preparing and recommending an annual budget to the Village Board reflecting needed expenditures and anticipated revenues, as well as preparing and modifying sewer and stormwater rates and filing water rate and electric rate modification requests with the Wisconsin Public Service Commission when sound business practices deem it appropriate. Such recommendation shall be made prior to October 1 of each year.
(2) 
Long-range planning. The Public Utilities Commission shall prepare, adopt and, as necessary, amend a long-range plan projecting the needs for the Village utilities in the future, in areas of fiscal responsibility, personnel, new construction and scheduled maintenance practices.
(3) 
Reports and expenditures. The Public Utilities Commission shall submit periodic reports on the status of Village public utilities, at least as often as annually, or more frequently if requested by the Village Board. Any expenditure not included within a budget approved by the Village Board must be authorized by the Public Utilities Commission and approved by the Village Board, except in an emergency situation when the expenditure is necessary to prevent property damage or injury to life.
(4) 
Auditing expenditures. The Village Treasurer shall provide a monthly statement to the Public Utilities Commission of the expenditures, revenues and fund balances relating to utility operations.
(5) 
Construction. The Public Utilities Commission shall receive reports from the Director of Public Works, who shall supervise and superintend the installation of all new machinery, wells, reservoirs, mains, transmission, collection and distribution and service pipes, lines, and associated facilities and equipment, as well as any repairs or reconstructions of the same or any part thereof. All work of this nature shall be let by contract under supervision of the Director of Public Works.
(6) 
Maps and records. The Village Engineer shall prepare maps showing the locations of all mains and service pipes ordered to be laid, with reference to the property lines of the street, court or alley in which the same are to be laid, and also with reference to the established grade of said street, court or alley. After sewer, stormwater or water mains and service pipes shall have been laid, the Village Engineer shall see to it that maps indicate the exact location of said sewer, stormwater and water mains and service pipes as actually laid. The Director of Public Works or designee shall cause a record of the exact location of said sewer, stormwater and water pipes and mains to be transcribed in record books, electronic maps or records kept on file for that purpose in the Village offices.
(7) 
Overall responsibility. In fulfillment of its duties, the Public Utilities Commission shall forward its recommendations relating thereto to the Village Board for final action. The Village Board may accept, reject or re-refer the recommendations of the Public Utilities Commission back to the Public Utilities Commission for further action.
(8) 
Management, operation and control.
(a) 
Management. The management, operation, and control of the public water system, sewer system, electric distribution system and stormwater system for the Village shall be vested in the Village Board. All records, minutes and all written proceedings thereof shall be kept by the Village Clerk. The Village Treasurer or designee shall keep all the financial records thereof.
(b) 
Construction authority. Subject to the approval of the Village Board, the Public Utilities Commission shall have the power to construct electric lines, water and sewer lines for public use, and shall have the power to lay water, stormwater and sewer pipes and electric lines, in and through the public alleys, streets, and public grounds located within the Village, and generally to do all such work as may be found necessary or convenient in the management of the water, stormwater and sewer systems. The Public Utilities Commission shall have power by itself, its officers, agents and servants, to enter upon any land in the Village for the purpose of making examination or supervision in the performance of their duties under this section, without liability therefor; and the Public Utilities Commission shall have the power to purchase and acquire for the Village, subject to the approval of the Village Board, all real and personal property which may be necessary for construction of the water, stormwater, sewer and electric systems, or for any repair, remodeling, or additions thereto.