[Adopted 6-22-2010 by Ord. No. 10-05]
The City of Rice Lake does hereby create and establish a Public
Works Appeals Board. The Board's purpose is to hear and resolve appeals
of administrative decisions of the City.
A.
The Board shall consist of three City residents appointed by the
Mayor to staggered three-year terms, subject to confirmation by the
Common Council, at the periodic organizational meeting thereof.
B.
Excluded from membership are those persons responsible for the decisions
under review.
C.
Members shall serve until Council confirmation of their successors.
D.
The Board shall elect a Chair who shall preside at meetings and decide
on issues of procedure.
All appeals shall be in writing and received by the City Clerk-Treasurer
within 30 days of the date the appellant knew or should have known
of the circumstances giving rise to the appeal.
A.
The hearing procedure shall be informal but in all events shall allow
a full and complete explanation of appellant's position as well as
the position of those responsible for the decision under appeal.
B.
The hearing shall be held in the City of Rice Lake.
C.
The hearing shall be held at a time convenient to all concerned,
but in no event later than 30 days following receipt of the appeal.
Failing agreement, the appeal shall be heard at a time selected by
the Chair.
D.
The pendency of an appeal shall not excuse payment of any charge
or performance of any obligation. If a decision is reversed or modified,
the Public Works Appeals Board may grant relief to the aggrieved party,
prorated and retroactive to the date on which the appeal was filed
with the City Clerk-Treasurer, as applicable.
E.
The decision appealed from shall enjoy a presumption of correctness.
The appellant shall have the burden of persuasion by a preponderance
of the evidence.
F.
Decisions of the Board shall be in writing, setting forth the reason(s)
therefor, and shall be deemed final.
Excluded from coverage and applicability herein are all activities,
programs and functions of the Utilities Commission.
