[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.]
[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.
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.
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]
(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.
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]
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]
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.
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.
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]
A.
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.
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.
[Added 12-13-2021 by Ord. No. 2021-005]
A.
Membership.
The Utility Board shall consist of five members, including the Mayor,
one alderperson, and three citizens appointed by the Mayor subject
to Council confirmation. The three citizen members shall be staggered
for three-year terms.
B.
Duties and
responsibilities. The Board shall have such duties and responsibilities
as prescribed by the Mayor and this Code of Ordinances, and to make
whatever recommendations to the Council as it deems appropriate or
as may be directed by the Council.
