City of Marion, WI
Shawano, Waupaca County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 2, Ch. 4, of the 1993 Code; amended in its entirety 3-1-1999 by Ord. No. 99-1. Subsequent amendments noted where applicable.]

§ 25-1 Board of Review.

[Amended 12-10-2012 by Ord. No. 2012-001; 8-11-2014 by Ord. No. 2014-004]
A. 
Composition. The Board of Review shall consist of the Mayor, Clerk-Treasurer, and two Alderpersons annually appointed at the Council's organizational meeting by the Mayor, subject to Council confirmation. An additional Alderperson may be appointed by the Mayor as an alternate in the event a standing Board member is unable to serve for any reason.
B. 
Powers and duties. The duties and functions of the Board of Review shall be as prescribed in §§ 70.47, Wis. Stats. The Board shall carefully examine the assessment roll and correct all apparent errors in description or computation. It shall add all omitted property but shall not raise or lower the assessment of any property except after hearing, as provided by the statutes.
C. 
Compensation. The Common Council shall fix the salary of the non-full-time employee members of the Board of Review in the annual fee schedule resolution in compliance with §§ 70.46(3), Wis. Stats.
D. 
Hours. The hours of The Board of Review shall be set on an annual basis in compliance with §§ 70.47(3), Wis. Stats.
E. 
Confidential information. Whenever the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information pursuant to §§ 70.47(7)(af), Wis. Stats., or any successor statute thereto, then such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis; except, however, that the information may be revealed to and used by persons in the discharge of duties imposed by law, in the discharge of duties imposed of office (including but not limited to use by the Assessor in performance of official duties of the Assessor's office and use by the Board of Review in performance of its official duties), or pursuant to order of a court. Income and expense information provided to the Assessor under §§ 70.47(7)(af), Wis. Stats., unless a court determines that it is inaccurate, is, per §§ 70.47(7)(af), Wis. Stats., not subject to the right of inspection and copying under §§ 19.35(1), Wis. Stats.

§ 25-2 Library Board.

A. 
Organization; terms.
(1) 
There is hereby created, pursuant to Ch. 43, Wis. Stats., a Municipal Library Board for the Marion Public Library 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 Common Council body shall at any one time be a member of the Library Board. The Mayor 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. Members shall be residents of the City of Marion, except that not more than two members may be residents of towns adjacent to the City.
(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 officers 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. The Library Board shall appoint the Librarian and other library employees.

§ 25-3 Board of Health.

A. 
Composition. The Board of Health shall consist of a health officer, the Police Chief, one Alderperson and a citizen panel of at least three but not more than six members (pursuant to § 251.03, Wis. Stats.) appointed annually.
[Amended 12-10-2012 by Ord. No. 2012-001]
B. 
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 of the City of Marion to assume the general administration of health and sanitation laws and regulations in the City 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 Services and the ordinances of the City.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
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 City of Marion. 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.

§ 25-4 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 members and two alternate members appointed by the Mayor, subject to confirmation by the Common Council, for a term of three years. The members shall be compensated as determined by the Council and shall be removable by the Common Council for cause upon written charges and upon public hearing. The Mayor shall designate one of the members Chairperson.
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 an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the City's zoning or building code ordinances.
(b) 
To hear and decide special exceptions to the terms of City zoning and floodplain zoning or building code 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 City's zoning or building code 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 partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issue of a permit. If a quorum is present, the Zoning Board of Appeals may take action by a majority vote of the members present. 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 a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Meetings and rules. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board may determine. All hearings conducted by said Board shall be open to the public. The Zoning Board of Appeals 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 City Clerk-Treasurer and shall be a public record. The Board shall adopt its own rules of procedure not in conflict with this section or with applicable Wisconsin Statutes.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Offices. The Common Council shall provide suitable meeting space for holding the hearings of the Zoning Board of Appeals.
E. 
Appropriations. The Common Council shall appropriate funds to carry out the duties of the Zoning Board of Appeals, and the Board shall have the authority to expend, under regular procedures, all sums appropriated to it for the purposes and activities authorized herein.

§ 25-5 Housing Authority.

A. 
Appointment, qualifications and tenure of Commissioners.
(1) 
The Mayor shall, with the confirmation of the Council, appoint five persons who are citizens of the City as Commissioners of the Housing Authority. No Commissioner may be connected in any official capacity with any political party nor shall more than two be officers of the City.
(2) 
The Commissioners who are first appointed shall be designated by the Mayor to serve for terms of one, two, three, four and five years, respectively, from the date of their appointment. Thereafter, the term of office shall be five years. A Commissioner shall hold office until his successor has been appointed and has qualified. Vacancies shall be filled for the unexpired term in the same manner as other appointments. Three Commissioners shall constitute a quorum. The Mayor shall file with the City Clerk-Treasurer a certificate of the appointment or reappointment of any Commissioner and such certificate shall be conclusive evidence of the due and proper appointment of such Commissioner if such Commissioner has been duly confirmed as herein provided and has duly taken and filed the official oath before entering upon his office. A Commissioner shall receive no compensation for his services, but he shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties.
B. 
Selection of officers. When the office of the first Chairperson of the Authority becomes vacant, the Authority shall select a Chairperson from among its members. The Authority shall select from among its members a Vice Chairperson, and it may employ a secretary (who shall be executive director), technical experts and such other officers, agents and employees, permanent and temporary, as it may require and shall determine their qualifications, duties and compensation. The Authority may call upon the City Attorney or chief law officer of the City for such legal services as it may require. The Authority may delegate to one or more of its agents or employees such powers or duties as it may deem proper.

§ 25-6 Plan Commission.

A. 
Membership. The Plan Commission shall consist of the Mayor who shall be the Chairperson, the Street Superintendent, the Utilities Superintendent, one Alderperson and three citizen members of recognized experience and qualifications. The citizen members shall be appointed by the Mayor for staggered three-year terms. The Alderperson member shall be appointed by a two-thirds vote of the Council for a one-year term. The Building Inspector shall be an ex officio member of the Commission.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Powers and duties. The Plan Commission shall have the powers and duties prescribed in § 62.23, Wis. Stats., and such other powers and duties as shall be vested in the Commission, from time to time, by the Council.[2]
[2]
Editor's Note: Original Sec. 2-4-7, Water and Sewer Commission, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 25-7 Meetings.

A. 
Regular meetings; public notice. Every board, committee and commission created by or existing under the ordinances of the City shall:
(1) 
Fix a regular date, time and place for its meetings. All meeting notices shall be filed with the City Clerk-Treasurer, who shall cause the notice to be published and posted in full compliance with the Open Meeting Law requirements.[1]
[1]
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
(2) 
Post on the public bulletin board at City Hall, or publish, 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.

§ 25-8 Residency requirement.

No person not a resident of and not residing in the City of Marion shall be appointed to any City board or commission, except that the Library Board, pursuant to state law, may have as members up to two persons who reside in towns adjacent to the City. Any board or commission member who moves from the City shall immediately be removed from such board or commission.