[HISTORY: Adopted by the Town Board of the Town of Genesee
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-9-2001 by Ord. No. 01-6]
Whenever either the Town Board, Town Clerk or other Town official
has authorized a property owner in the Town of Genesee to contact
the Town Attorney, Engineer, Planner or any other of the Town's
professional staff or the Town Board, Town Clerk or other Town official
contacts said Town Attorney, Engineer, Planner or any of the Town's
professional staff or a property owner contacts the Town Attorney,
Engineer, Planner or other of the Town's professional staff,
if said contact results in a charge to the Town of Genesee for that
professional's time and services and said service is not a service
applied to the Town of Genesee as a whole, then and in that event
the Town Clerk shall, pursuant to the provisions of § 66.0627,
Wis. Stats., charge that service to said property owner for the fees
incurred by the Town.
The Town Clerk shall give each property owner billed for current services as provided for herein notice that he or she shall have a specified period of time not less than 30 days to pay. Said notice shall also state that within 15 days of the date of the notice the property owner may request a hearing before the Town Board regarding the charges against the property. Said notice shall also include an itemized statement of the professional service fees to be charged. Thereafter, if the property owner requests a hearing within the proper time period, the matter shall proceed as described in § 319-3, Appeal to Town Board. If a hearing is not requested within the required time period, if that charge remains unpaid, the Town Clerk shall automatically charge that delinquent tax against the property as provided by law. In the event that it is too late in the current year for the charge, when it becomes delinquent, to be extended on that year's tax roll, then the delinquent charge shall be extended to the following year's tax roll.
Upon receipt of a timely request for hearing, the Town Board
shall hold a hearing regarding the property charges at its next scheduled
meeting or as soon as feasible. Such hearing shall be preceded by
posted public notice and reasonable notice, via first-class mail,
to the property owner. In the event a hearing is requested, no charges
shall be placed on the tax roll unless and until such hearing has
been held and a decision has been rendered by the Town Board to approve
the charges against the tax roll in whole or in part. If approved
only in part, only that part of the charges that is approved may be
charged against the tax roll.
[Adopted 2-10-2003 by Ord. No. 03-1]
[Amended 2-13-2006 by Ord. No. 06-1]
Every person, corporation or organization that intends to conduct
an activity in the Town of Genesee that requires a building permit
for new construction or that requires a culvert permit, or that includes
installation of a driveway in a location where no driveway currently
exists, shall, prior to commencing such work, provide to the Town
Clerk cash in an amount which shall be determined from time to time
by separate Town Board resolution as a guarantee that the work will
be completed with due care and skill, in accordance with the requirements
of this article.
The financial guarantee required by this article shall be forfeited
to the Town of Genesee upon motion duly adopted by the Town Board,
upon the Town of Genesee Building Inspector finding any of the following
conditions to exist on the property at the time that the work is required
to be completed:
A.
Damage has been done to Town roads or ditches during the course of
construction and said damage has not been repaired in a satisfactory
manner.
B.
There are outstanding fees, costs, or assessments due and owing to
the Town of Genesee.
C.
A building permit was required for new construction as described in § 319-4 above and the building was occupied prior to the issuance of an occupancy permit.
D.
The construction included work for which a culvert should have been
installed in accordance with Town of Genesee ordinances but the culvert
was not installed, or was installed but not in compliance with the
requirements of the ordinance.
E.
The construction on the property has resulted in the ponding of water
or a drainage condition which adversely affects neighboring lands
or has given rise to related stormwater drainage concerns which have
not been adequately addressed.
F.
The construction has disturbed the previously existing topography
and the disturbed areas have not been stabilized or do not have established
vegetation or landscaping.
Any cash bond provided to the Town pursuant to this article, less any amount forfeited as described in § 319-5 above, shall be returned to the person, corporation or organization that provided the cash bond upon a determination being made by the Town Building Inspector that all of the issues identified in § 319-5 above have been properly addressed and an occupancy permit, if applicable, has been issued.
As used in this article, the following terms shall have the
meanings indicated:
An occupancy permit issued by the Town of Genesee.
A building shall be considered to be occupied for the purposes
of this article if it appears to the satisfaction of the Town of Genesee
Building Inspector that any personal property, other than that absolutely
necessary for construction of the building, has been moved into the
building or that any person, at any time, has used the building in
the manner in which it is intended to be used upon completion.
