[Adopted 12-15-2009 by Ord. No. 1054 as Title 1, Ch. 10, Secs. 1-10-1
and 1-10-3 through 1-10-7, of the 2009 Code of Ordinances]
This article was enacted pursuant to §§ 62.11(5)
and 66.0627 of the Wisconsin Statutes.
The City Treasurer shall, on October 15 of each year, give written
notice to the owner or occupant of each parcel or lot for which there
has been assessed special charges for current services during the
year preceding October 1. The written notice shall state the amount
still owed, and shall identify the current services for which the
charge has been assessed, and shall state that unless the amount is
paid by November 1 an additional penalty of 10% of the amount in arrears
will be added thereto. The notice shall further provide that, unless
the amount in arrears plus the penalties are paid by November 15,
or unless the owner or occupant petitions the Council for a review
of the proposed assessment by November 15, the amount will be levied
as a tax on the lot or parcel served and for which payment is delinquent.
On November 16, the Treasurer shall certify to the City Clerk a list
of all parcels or lots for which payments are in arrears and for which
written notice has been given, excepting those parcels for which a
petition for review has been filed. Such certification shall include
the amount of the arrears, together with any penalty added thereto.
Such delinquent amounts, including any penalty, shall thereupon become
a lien upon the property and shall be placed on the tax roll.
As used in this article, the following terms shall have the
meanings indicated:
Includes snow and ice removal, weed elimination, street sprinkling,
oiling and tarring, repair of sidewalks or curb and gutter, garbage
and refuse disposal, recycling, stormwater management, including construction
of stormwater management facilities, tree care, removal and disposition
of dead animals under § 60.23(20), Wis. Stats., loan repayment
under § 70.57(4)(b), soil conservation work under § 92.115,
and snow removal under § 86.105.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Refers to those charges made by the City, as determined in
accordance with standards and charges established by the City Council
from time to time.
The owner or occupant of any parcel or lot receiving notice
of a proposed assessment for current services during the year preceding
October 1 shall have the right, on or before November 15 of the year
in which such notice is received, to petition the Council for review.
Such petitions for review shall be made in writing, shall specify
the reason or reasons upon which the owner or occupant believes the
proposed assessment for current services was in error or otherwise
deficient, and shall be filed with the City Clerk not later than the
close of business on November 15 of the year in which the notice is
received. The City Clerk shall transmit all such petitions for review
to the Council not later than November 30. The Council shall thereafter
set a hearing which shall be between December 1 and February 28 of
the following year, and shall notify the owner or occupant of the
time and date of the hearing by written notice mailed to the owner
or occupant at least five days prior to the hearing. The Council shall,
at the hearing provided herein, review the petition and take testimony
from the owner or occupant with respect to the petition. The Council,
after the close of the testimony, shall either:
A.
Affirm the proposed assessment for special charges and direct that
the assessment be placed on the tax roll for the tax year next following
the tax year in which the notice of the proposed assessment for special
charges was delivered or issued to the owner or occupant;
B.
Modify the proposed assessment for special charges where the Council
finds that the proposed assessment is incorrect either as to amount,
user, occupant or property owner, and in such event shall direct the
Clerk to issue a revised assessment for special charges and shall
direct that the revised assessment for special charges be placed upon
the tax roll for the tax year next following the tax year in which
the notice of the proposed assessment for special charges was delivered
or issued to the owner or occupant; or
C.
Direct the Clerk to remove the proposed assessment for special charges
from the City's records in the event the Council finds that the
owner or occupant has paid the proposed assessment for special charges.
Notwithstanding anything contained herein to the contrary, liens
shall not be assessed against the owner of any residential rental
property with respect to electrical services provided the property
by the City, provided the owner of the property provides notice to
the City Clerk as to the name, address and other pertinent information
requested by the City as to each tenant or occupant of the property,
the date of the inception of the lease or rental agreement, and the
date of the termination of the lease or rental agreement. All such
notices shall be in writing, and shall be on forms prepared by the
City Clerk from time to time. The City Clerk shall determine the nature
and extent of the information needed, provided, however, that such
information shall be limited to information reasonably necessary to
determine the nature, history and use of electrical services by the
tenant or occupant. As to any leases or rental agreements in existence
at the time of the adoption of this ordinance, this exemption shall
apply, provided that the owner of the property provides the information
requested by the City to the City Clerk's office not later than
May 15, 1987. As to all leases or rental agreements created on or
after the effective date of this article, this exemption shall apply,
provided that the information requested by the City is submitted to
the City Clerk's office within seven days of the inception of
the lease or rental agreement, and within seven days of the termination
of the lease or rental agreement.
This article shall not affect the right of the City to collect
delinquent charges by other means. If this article is found to be
illegal, other chapters are not affected thereby. If any portion of
this article is found to be illegal, it shall not affect the remainder
of this article.
