[HISTORY: Adopted by the Village Board of the Village of
Monticello as Title 2, Ch. 3, of the 1989 Code of Ordinances. Amendments
noted where applicable.]
A.
General powers. Officers shall have generally the powers and duties
prescribed for like officers of towns and villages, except as otherwise
provided, and such powers and duties as are prescribed by law and
except as to the Village President, shall perform such duties as shall
be required of him by the Village Board. Officers whose powers and
duties are not enumerated in Chapter 61 of the Wisconsin Statutes
shall have such powers and duties as are prescribed by law for like
officers or as are directed by the Village Board.
B.
Rules. All officers and departments may make the necessary rules
for the conduct of their duties and incidental proceedings.
C.
Applicability of ethics statutes. The general laws for the punishment
of bribery, misdemeanors and corruption in office shall apply to Village
officers.
D.
Legal representation. Whenever a Village official in their official
capacity proceeded against or obliged to proceed before any civil
court, board or commission, to defend or maintain their official position,
or because of some act arising out of the performance of their official
duties, and they have prevailed in such proceedings, or the Village
Board has ordered the proceedings discontinued, the Board may provide
for payment to such official such sum as it sees fit, to reimburse
them for the expenses reasonably incurred for costs and attorneys'
fees.
A.
Consolidated offices. Pursuant to §§ 61.195, 61.197
and 66.0501 of the Wisconsin Statutes, the Village hereby elects not
to be governed by those portions of §§ 61.19, 61.23
and 61.25(2), Wis. Stats., which relate to the selection and tenure
of the Clerk and Treasurer, and which are in conflict with this section.
B.
Appointment. There is hereby created the office of Village Clerk-Treasurer,
who shall be appointed by a majority vote of the members of the Village
Board. The Village Clerk-Treasurers shall hold office for an indefinite
term, subject to removal as provided by law.
C.
Duties. The Village Clerk-Treasurer shall perform the statutory duties
of Village Clerk and Treasurer and such other duties as required by
the Village Board. (Charter Ordinance.)
The Village President may appoint a Deputy Clerk-Treasurer,
subject to confirmation by a majority of all the members of the Village
Board. The Deputy Clerk-Treasurer shall have an indefinite term of
office. The Deputy Clerk-Treasurer shall act under the Village Clerk-Treasurer's
direction and, during the temporary absence or disability of the Village
Clerk-Treasurer or during a vacancy in such office, shall perform
the duties of Village Clerk-Treasurer. The acts of the Deputy shall
be covered by official bond as the Village Board shall direct.
A.
Appointment. The Village Attorney is an appointed position. The Village
President shall at the organizational meeting in April appoint a Village
Attorney, subject to confirmation by a majority of the members of
the Village Board. The Village Attorney shall serve at the pleasure
of the Board.
B.
Duties. The Village Attorney shall have the following duties:
(1)
The Village Attorney shall conduct all of the legal business in which
the Village is interested.
(2)
He shall, when requested by Village officers, give written legal
opinions, which shall be filed with the Village.
(3)
He shall draft ordinances, bonds and other instruments as may be
required by Village officers.
(4)
He may appoint an assistant, who shall have power to perform his
duties and for whose acts he shall be responsible to the Village.
Such assistant shall receive no compensation from the Village, unless
previously provided by ordinance.
(5)
Village Board may employ and compensate special counsel to assist
in or take charge of any matter in which the Village is interested.
(6)
The Village Attorney shall perform such other duties as provided
by state law and as designated by the Village Board.
[Amended 4-5-2017 by Ord.
No. 2017-0405B]
A.
Appointment.
(1)
The Chief of Police shall be appointed by a majority vote of the
members of the Village Board for an indefinite term, subject to removal
pursuant to the procedures established in § 61.65(1)(am),
Wis. Stats. The Chief shall exercise the powers and duties of Village
marshals and Village constables and any other powers and duties prescribed
by the Village Board, Village Ordinances or the Wisconsin Statutes.
Upon a vacancy, the ranking officer shall temporarily replace the
Chief until the vacancy is filled by the Village Board.
(2)
The compensation to be paid the Chief of Police for his services,
the hours of active duty, rest days, vacation periods and other involvement
of his employment shall be such as may be determined by the Village
Board from time to time.
B.
General duties.
(1)
The Chief of Police shall have command of the Police Department.
He shall have general administration and control of the Department
and shall be responsible for the Department's government, efficiency
and general good conduct. He shall perform all duties prescribed to
him by the laws of the state and the ordinances of the Village and
shall obey all lawful written orders of the Village Board or appropriate
Committee thereof.
(2)
The Chief of Police shall cause the public peace to be preserved
and may arrest and with reasonable diligence take before the proper
court every person found in the Village engaged in any disturbance
of the peace or violating any law of the state or ordinance of the
Village. The Chief shall cooperate with other law enforcement officers
in the arrest or apprehension of persons charged with crime. He shall
see that all laws and ordinances of the Village and state are enforced.
Whenever any violation thereof shall come to his knowledge, he shall
cause the requisite complaint to be made and see that the evidence
is procured for the successful prosecution of the offender or offenders.
He shall exercise supervisory control over all the personnel of his
department and may adopt, subject to the approval of the Village Board,
rules and regulations for the government, discipline, equipment and
uniforms of the police officers. He shall be solely responsible for
the care and condition of the equipment used by his Department. He
shall keep an accurate and complete record of all complaints, arrests,
traffic violations, convictions and dispositions of the Department.
A.
Appointment. The Fire Chief of the Village of Monticello and Towns
of Mount Pleasant and Washington shall be elected by the members of
the Fire Department, subject to confirmation of the Fire Board, and
shall hold office for a term of one year or until his successor is
elected and qualified unless sooner removed for cause by action of
3/4 of the members of the Fire Board. He shall be the Village Fire
inspector by virtue of his office. He may appoint an inspector to
do this job if approved by the Fire Board.
B.
Powers and duties of Chief.
(1)
The Chief shall have general supervision of the Department, subject
to this chapter and the bylaws of the department and shall be responsible
for the personnel and general efficiency of the Department.
(2)
It shall be the duty of the Chief to preside at all meetings of the
Department, to call special meetings, to preserve order, to decide
all points of order that may arise and to enforce a rigid observance
of this chapter and the bylaws.
(3)
It shall be the duty of the Chief or ranking officer of the Department
to be present at all fires, to have complete command of and entire
responsibility for all fighting operations, to plan the control of
the same, to direct the action of the company when they arrive at
a fire, to observe that the Department does its duty, to grant leaves
of absence at a fire when he may deem it proper and to see that the
fire apparatus is kept in proper condition at all times.
(4)
He shall enforce all fire prevention ordinances of this Village and
state laws and regulations pertaining to fire prevention and shall
keep citizens informed on fire prevention methods and on the activities
of the Department.
(5)
He shall keep a fire record book of every fire to which the Department
was called and shall enter in such book the locality of fire, time
alarm was received, cause of fire, where fire started, cause of delay
(if any) in responding, method of extinguishment and equipment used,
amount of insurance carried on building and contents, estimated fire
loss, time fire was extinguished, names of men responding and general
remarks.
(6)
It shall be the duty of the Fire Chief to submit a written report
to the Fire Board not later than August 1 of each year, and at such
other times as he deems desirable, relating to:
(a)
Condition of each piece of apparatus and equipment.
(b)
Number of fires occurring since the previous report and the
loss occasioned thereby.
(c)
Number of members of the company and total number of active
members in the Department, resignations and expulsions from the Department.
(d)
Drill and training program of the Department.
(e)
Other pertinent information, including recommendations of such
improvements as he deems proper and necessary for the operation of
the Department.
The Weed Commissioner shall be appointed by the Village President,
subject to Village Board confirmation. The term of office of the Weed
Commissioner shall commence on the first day of May following his
appointment. The Weed Commissioner shall take the official oath, which
oath shall be filed in the Office of the Village Clerk-Treasurer and
shall hold office for one year. The Weed Commissioner shall hold office
pursuant to and fulfill the duties set out in state law.
[Amended by Ord. No. 2014-1119]
The former street department and utility department are merged
into a single department to be hereafter known as the public works
department under the general supervision of the Public Works Director.
A.
Appointment. Public Works Director shall be appointed by a majority
vote of the members of the Village Board.
B.
Term. The Public Works Director shall have an indefinite term of
office.
C.
Duties and powers. It is the duty of the Public Works Director to
carry out the basic function and specific responsibilities set forth
in the position description for such position, which is on file with
the Clerk-Treasurer, and any such statutory responsibilities supplementary
thereto.[1]
[1]
Editor's Note: Original Sec. 2-3-9 of the 1989 Code of Ordinances,
which immediately followed this subsection, was repealed by Ord. No.
2014-1119.
A.
Pursuant to §§ 61.195, 61.197 and 66.0101 of the Wisconsin
Statutes, the Village hereby elects not to be governed by those portions
of §§ 61.19 and 61.23 of the Statutes which relate
to the selection and tenure of the Village Assessor, and which are
in conflict with this section (Charter Ordinance).
B.
Hereafter, instead of being elected, the Assessor or assessing firm
shall be appointed by the Village President, subject to continuation
by a majority vote of the members-elect of the Village Board. A corporation
or an independent contractor may be appointed as the Village Assessor.
The corporation or independent contractor so appointed shall designate
the person responsible for the assessment. The designee shall file
the official oath under § 19.01, Wis. Stats., and sign the
affidavit of the Assessor attached to the assessment roll under § 70.49,
Wis. Stats. No person may be designated by any corporation or independent
contractor unless he has been granted the appropriate certification
under § 73.09, Wis. Stats. For purposes of this subsection,
"independent contractor" means a person who either is under contract
to furnish appraisal and assessment services or is customarily engaged
in an independently established trade, business or profession in which
the services are offered to the general public.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
The Assessor shall have an indefinite term of office, subject to
removal under § 17.14(1), Wis. Stats.
The Village Board convened in legal session hereby abolishes
the Village of Monticello Municipal Court system effective May 1,
1992, with all citations to be written to Green County Circuit Court
for prosecution.
Reserved for Future Use.
A.
Qualifications.
(1)
There are created the positions of Building Inspector; Electrical
Inspector; Heating, Ventilating and Air Conditioning (HVAC) Inspector;
and Plumbing Inspector.
(2)
Each Inspector shall:
(a)
Be of good moral character;
(b)
Possess such executive ability as is requisite for the performance
of his duties and shall have a thorough knowledge of the standard
materials and methods used in the installation of equipment in his
area of responsibility;
(c)
Be well versed in approved methods of construction for safety
to persons and property, the Statutes of the State of Wisconsin relating
to work in his area of responsibility, and any orders, rules and regulations
issued by authority thereof;
(d)
Have sufficient experience in the installation of equipment
to enable him to understand and apply the appropriate codes adopted
by the Village of Monticello.
(3)
Specific requirements.
(a)
Each Inspector shall be certified by the State of Wisconsin
in his area of responsibility;
(b)
The Building Inspector shall be certified by the Wisconsin Department
of Industry, Labor and Human Relations to administer and enforce all
the provisions of the Wisconsin Uniform Dwelling Code;
(c)
The Electrical Inspector and his assistant inspectors shall
be certified by the State of Wisconsin as Electrical Inspectors.
B.
Appointment and general powers.
(1)
The Village President shall appoint a Plumbing Inspector, Electrical
Inspector, HVAC Inspector and Building Inspector, subject to confirmation
by a majority of the members of the Village Board. He shall have an
indefinite term of office.
(2)
Each Inspector shall enforce the provisions of the Code of the Village
of Monticello and all other ordinances and laws and orders of the
State of Wisconsin which relate to building construction, plumbing,
HVAC and electrical installations, subject to the respective authority
of each Inspector as set forth in this section and other chapters
of the Code of the Village of Monticello.
(3)
For the purposes described above, each Inspector may, at all reasonable
times, enter buildings and premises. Inspectors may pass upon any
questions arising under the provisions of the Code of the Village
of Monticello relating to their areas of responsibility. No person
shall interfere with an Inspector while in the performance of his
official duties.
(4)
Any person feeling himself aggrieved by any order or ruling of an
Inspector may, within 20 days thereafter, appeal from such order or
ruling to the Zoning Board of Appeals, as established in the Zoning Code,
such an appeal to be in writing.
(5)
Each Inspector shall be subject to removal from office during his
term for cause after a hearing by the Village Board.
C.
May employ additional assistants. Each Inspector may employ, subject to approval of the Village Board, any assistant inspectors and clerical assistants necessary for the proper conduct of his office and the inspection of installations in his area of responsibility. Such assistants shall be paid from the amounts due to the appropriate Inspector as provided in Subsection C hereof.
D.
Electrical Inspector or assistants not to be in electrical business.
The Electrical Inspector and his assistant inspectors shall not engage
in the sale, installation or maintenance of electrical equipment,
either directly or indirectly, and they shall have no financial interest
in any concern engaged in such business in the Village at any time
while holding such office as herein provided.
E.
Authority to enter premises.
(1)
In the discharge of their respective duties, each Inspector under this section or his authorized agent may enter any building, upon presentation of the proper credentials, during reasonable hours for the purpose of inspection and may require the production of any permit or license required hereunder. No person shall interfere with the Inspector or his authorized agent while in the performance of his duties; and any person so interfering shall be in violation of this section and subject to a penalty as provided by § 1-6.
(2)
If consent to entry to personal or real properties which are not
public buildings or to portions of public buildings which are not
open to the public or inspection purposes has been denied, the Inspector
shall obtain a special inspection warrant under §§ 66.0119(1)
and 66.0417, Wis. Stats.
F.
Duties and authority. The Inspectors shall have such duties as are prescribed in this section and Chapter 374, Subdivision of Land, of the Code of the Village of Monticello.
G.
Records.
(1)
Inspectors shall keep a record of all applications for permits and
regularly number each permit in the order of issuance. They shall
keep a record showing the number, description and size of all buildings
erected during their terms of office, indicating the kind of materials
used, the cost of each project and the aggregate cost of all buildings
and the various classes. They shall keep a record of all inspections
made and a record of all fees collected by them showing the date of
their receipt and transfer to the Village Clerk-Treasurer.
(2)
The Plumbing Inspector shall make such reports to the Department
of Safety and Professional Services as are required under § 145.04(3),
Wis. Stats.
(3)
The Plumbing Inspector shall keep a record of all sewer and water
connections and shall make maps showing the locations of the same
and the positions of all house drains, connections, junctions and
other data necessary for the efficient operation of his office.
H.
Stop-work orders and revocations. Each Inspector may order construction,
installation, alteration or repair work stopped when such work is
being done in violation of the Code of the Village of Monticello.
Work so stopped shall not be resumed, except with written permission
of the Inspector, provided if the stop-work order is an oral one it
shall be followed by a written order within a reasonable period of
time.[1]
A.
No person shall be elected by the people to a Village office who
is not, at the time of his election, a citizen of the United States
and of this state, and an elector of the Village, and in case of a
ward office, of the ward, and actually residing therein.
B.
An appointee by the Village President, requiring to be confirmed
by the Village Board, who shall be rejected by the Board, shall be
ineligible for appointment to the same office for one year thereafter.
A.
Requirement. Within five days after the election or appointment of
any Village officers, the Village Clerk-Treasurer shall notify the
person so selected thereof. Every person elected or appointed to the
office of Village President, Trustee, and Clerk-Treasurer shall within
five days after election or notice thereof, when required, take and
file the official oath.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
How occurring. Except as provided in Subsection C below, vacancies in elective and appointive positions occur as provided in §§ 17.03 and 17.035, Wis. Stats.
B.
How filled. Vacancies in elective and appointive offices shall be
filled as provided in § 17.24, Wis. Stats.
C.
Temporary incapacitation. If any officer be absent or temporarily
incapacitate from any cause, the Board may appoint some person to
discharge his duties until he returns or until such disability is
removed.
Village officers must observe the standards of care imposed
by § 19.21, Wis. Stats., with respect to the care and custody
of official property.
Every officer shall, if required by law or the Village Board,
upon entering upon the duties of his office, give a bond in such amount
as may be determined by the Village Board with such sureties as are
approved by the Village President, conditioned upon the faithful performance
of the duties of his office. Official bonds shall be filed with the
office the Village Clerk-Treasurer. Any person re-elected or re-appointed
to the same office shall take and file an official bond for each term
of service.
