[HISTORY: Adopted by the Village Board of the Village of
Blanchardville as Ch. 6 of the 2003 Municipal Code. Amendments noted
where applicable.]
The purpose of this chapter is to afford a constitutionally
sufficient, fair and orderly administrative procedure and review in
connection with determinations by all Village officers, employees,
agents, agencies, committees, boards and commissions which may involve
constitutionally protected rights of specific persons which are entitled
to due process protection under the 14th Amendment to the United States
Constitution. Chapter 68, Wis. Stats., relating to municipal administrative
review procedure, shall be in full force and effect in the Village,
except as to those provisions otherwise provided in this chapter.
Upon the filing of a written request by any person aggrieved
to review an initial determination filed pursuant to the provisions
of § 68.08, Wis. Stats., all Village officers, employees,
agents, agencies, committees, boards and commissions receiving such
a request shall conduct administrative reviews of their own determinations
in accordance with § 68.09, Wis. Stats. In addition, all
such written requests shall be immediately referred to the Village
Attorney.
The following determinations are reviewable under this chapter:
A.
The
grant or denial in whole or in part after application of an initial
permit, license, right, privilege or authority, except a fermented
malt beverage or intoxicating liquor license.
B.
The suspension, revocation or nonrenewal of an existing permit, license, right, privilege or authority, except as provided in § 5-4 of this chapter.
C.
The
denial of a grant of money or other thing of substantial value under
a statute or ordinance prescribing conditions of eligibility for such
grant.
D.
The
imposition of a penalty or sanction upon any person except a Village
employee or officer, other than by a court.
Except as provided in § 5-3 of this chapter, the following determinations are not reviewable under this chapter:
A.
A
legislative enactment, which is an ordinance, resolution or adopted
motion of the Village Board.
B.
Any
action subject to administrative or judicial review procedures under
statutes other than Ch. 68, Wis. Stats.
C.
The
denial of a tort or contract claim for money, required to be filed
with the Village pursuant to statutory procedures for the filing of
such claims.
D.
The
suspension, removal or disciplining or nonrenewal of a contract of
a Village employee or officer.
E.
The
grant, denial, suspension or revocation of a fermented malt beverage
license or intoxicating liquor license under § 125.12(1),
(2) and (3), Wis. Stats.
F.
Judgments
and orders of a court.
G.
Determinations
made during Village labor negotiations.
H.
Any
action which is subject to administrative review procedures as otherwise
provided in this Code.
I.
Notwithstanding
any other provision of this chapter, any action or determination of
a Village authority which does not involve the constitutionally protected
right of a specific person or persons to due process in connection
with the action or determination.
See § 16-9, Administrative Review Appeals Board, of this Code.
The provisions of this chapter shall not be deemed to repeal
or supersede the provisions of any other section of this Code in conflict
herewith or providing other procedures for review of administrative
determinations within the Village except when otherwise specifically
provided in said sections.
