Any person aggrieved by an administrative determination of the
Town Board or a board, commission, committee, agency, officer or employee
of the Town of Lowell or agent acting on its behalf may have such
determination reviewed as provided in this chapter. The remedies under
this chapter shall not be exclusive, but an election to proceed hereunder
shall be an election of remedies.
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 an alcohol
beverage license.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. The suspension, revocation or nonrenewal of an existing permit, license right, privilege or authority, except as provided in §
8-3D.
C. The
denial of a grant of money or other thing of 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 municipal
employee or officer, other than by a court.
E. The suspension or removal of a Town officer or employee except as provided in §
8-3B and
G.
The following determinations are not reviewable under this chapter:
A. A
legislative enactment. A "legislative enactment" is an ordinance,
resolution or adopted motion of the Town Board.
B. Any
action subject to administrative or judicial review procedures under
state statutes or other provisions of this Code.
C. The
denial of a tort or contract claim for money required to be filed
with the Town under § 60.44, Wis. Stats.
D. The
grant, denial, suspension or revocation of an alcohol beverage license
under Ch. 125, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E. Judgments
and orders of a court.
F. Determinations
made during municipal labor negotiations.
G. Determinations
subject to grievance, arbitration or other procedures provided in
collective bargaining agreements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
"Municipal authority" includes the Town Board and any board, commission, committee, agency, officer, employee or agent of the Town making a determination under §
8-1, and every person, committee or agency of the Town to make an independent review under §
8-8B.
A "person aggrieved" includes any individual, partnership, corporation,
association, public or private organization, officer, department,
board, commission or agency of the Town whose rights, duties or privileges
are adversely affected by a determination of a municipal authority.
A department, board, commission, agency, officer or employee of the
Town who is aggrieved may not initiate review under this chapter of
a determination of any other department, board, commission, agency,
officer or employee of the Town, but may respond or intervene in a
review proceeding under this chapter initiated by another.
If a determination subject to this chapter is made orally (or
if in writing) and does not state the reasons for the decision, the
municipal authority making such determination shall, upon written
request of any person aggrieved by such determination made within
10 days of notice of such determination, reduce the determination
and the reasons therefor to writing and mail or deliver such determination
and reasons to the person making the request. The determination shall
be dated and shall advise such person of his right to have such determination
reviewed, that such review may be obtained within 30 days, and the
office or person to whom a request for review shall be addressed.
Any person aggrieved may have a written or oral determination
reviewed by written request mailed or delivered to the municipal authority
which made such determination within 30 days of notice to such person
of such determination. The request for review shall state the grounds
upon which the person aggrieved contends that the determination should
be modified or reversed. A request for review shall be made to the
officer, employee, agent, agency, committee, board, commission or
body who made the determination, but failure to make such request
to the proper party shall not preclude the person aggrieved from review
unless such failure has caused prejudice to the municipal authority.