[HISTORY: Adopted by the City Council of the City of Edgerton 3-1-1993 by Ord. No. 2-93 (§ 2.05 of the 1993 Municipal Code). Amendments noted
where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The City of Edgerton now falls under the jurisdiction of the
Rock County Public Health Department.
A.
Composition. The Board of Review shall consist of four members, including
the Mayor, two Alderpersons and the City Clerk. The Alderperson members
shall be appointed by the Mayor, subsequent to the approval of the
City Council, on the third Tuesday of April in each year and shall
serve a term of one year.
B.
Powers and duties. The Board of Review shall have the duties and
powers prescribed by § 70.47, Wis. Stats., and shall function
in accordance with the provisions thereof.
C.
Compensation. The members of the Board of Review, except members
who are full-time employees or officers of the City, shall receive
such compensation as shall be fixed by resolution or ordinance of
the City Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Procedure by telephone or sworn written statement.
(1)
Before the Board of Review (hereinafter "BOR") can consider a request
from a property owner or the property owner's representative (hereinafter
"owner") to testify by telephone or submit a sworn written statement,
the owner must first complete and file with the Clerk of the BOR the
following documents:
(2)
Such requests must be filed with the Clerk of the BOR within the
first two hours of the BOR's first scheduled meeting. If the owner
fails to file the aforementioned documents as required, the BOR will
not consider the request.
(3)
Criteria. The BOR may consider any or all of the following factors
when deciding whether to grant or deny the request:
(a)
The owner's stated reason(s) for the request as indicated on
the PA-814.
(b)
Fairness to the parties.
(c)
Ability of the owner to procure in person oral testimony and
any due diligence exhibited by the owner in procuring such testimony.
(d)
Ability to cross-examine the person providing the testimony.
(e)
The BOR's technical capacity to honor the request.
(f)
Any other factors that the BOR deems pertinent to deciding the
request.
E.
Procedure for waiver of hearing requests.
(1)
Before the Board of Review (hereinafter "BOR") can consider a request
from a taxpayer or Assessor, or at its own discretion to waive the
hearing of an objection, the taxpayer must first complete and file
with Clerk of the BOR the following documents:
(2)
If the owner files the aforementioned documents as required and a
request from a taxpayer or Assessor, or at its own discretion, is
made to waive the hearing of an objection, the BOR shall use the following
criteria when making its decision.
(3)
Criteria. The BOR may consider any or all of the following factors
when deciding whether to waive the hearing:
(a)
The benefits or detriments of the BOR process.
(b)
The benefits or detriments of having a record for the Court
review.
(c)
Avoidance of unruly, lengthy, burdensome appeals.
(d)
Ability to cross-examine the person providing the testimony.
(e)
Any other factors that the BOR deems pertinent to deciding whether
to waive the hearing.
F.
Confidentiality of income and expense information. Whenever the Assessor,
in the performance of the Assessor's duties, requests or obtains income
and expense information, the information shall be held by the Assessor
on a confidentiality basis; except, however, that the information
may be revealed to and used by persons in the discharging of duties
imposed by law; in the discharging of duties imposed by office (including,
but not limited to, use by the Assessor in performance of 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 not, per § 70.47(7)(af),
Wis. Stats., subject to the right of inspection and copying under
§ 19.35(1), Wis. Stats.
A.
Membership. The Board of Appeals shall consist of five members appointed by the Mayor and confirmed by the City Council. No member or alternate member is appointed or elected to a City elective office during his or her term on the Board of Appeals, said member or alternate shall vacate the position on the Board before being sworn in as an elected official, and the vacancy shall be filled for the unexpired term pursuant to § 14-3I.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Terms. Terms shall be for staggered year periods.
C.
Chairperson. The Chairperson shall be annually appointed by the Mayor,
subsequent to the approval of the City Council, on the third Tuesday
of April in each year and shall serve a term of one year.
D.
Conflict of interest. Any member who has any interest in a matter
before the Board shall not vote thereon and shall remove himself from
any meeting or hearing at which such matter is under consideration.
E.
Alternate member. Up to two alternate members may be appointed by
the Mayor for a term of three years. The alternates shall act, with
full power, only when a member of the Board refuses to vote because
of a conflict of interest or when a member is absent.
F.
Secretary. The Board of Appeals shall elect one of its member's as
Secretary.
G.
Building Inspector. The Building Inspector shall attend all meetings
for the purpose of providing technical assistance when requested by
the Board of Appeals.
H.
Official oaths. All members shall take the official oath in accordance
with § 19.01, Wis. Stats., no later than the first regularly
scheduled meeting after the appointment.
I.
Vacancies. Vacancies shall be filled for unexpired terms in the same
manner as appointments for full terms.
J.
Compensation. Compensation shall be as determined by the City Council.
K.
Organization. The Board of Appeals shall organize and adopt rules
of procedure for its own government in accordance with the provisions
of this chapter.
(1)
Meetings shall be held at the call of the Chairperson and at such
other times as the Board may determine and shall be open to the public.
(2)
Minutes of the proceedings and a record of all actions shall be kept
by the secretary, showing the vote of each member upon each question,
or if absent, or failing to vote indicating such fact, the reasons
for the Board's determination, and its finding of facts. The Secretary
shall keep records of the Board's examinations and other official
actions, all of which shall be immediately filed with the City Administrator
and shall be a public record.
(3)
If a quorum is present, the Board of Appeals may take action under
§ 62.23(7)(e)3m, Wis. Stats., by a majority vote of the
members present.
L.
Powers. The Board of Appeals shall have the following powers:
(1)
Errors. To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by the
Building Inspector or any other administrative officer or body in
the enforcement of codes, regulations or ordinances under their jurisdiction.
(2)
Variances. To hear and grant appeals for variances from the terms of Chapter 450, Zoning, as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardships, so that the spirit and purposes of Chapter 450, Zoning, shall be observed and the public safety and welfare secured, and substantial justice done. Use variances shall not be granted, nor shall a variance be granted, where the conditions exist as a result of a self-imposed hardship.
(3)
Interpretations. To hear and decide application for interpretations
of the codes, regulations, ordinances and the boundaries of the zoning
districts after the City Plan Commission has made a review and recommendations.
(4)
Permits. The Board may reverse, affirm wholly or partly, or modify
the requirements appealed from, and may direct the issuance of a permit.
(5)
Assistance. The Board may request assistance from other City officials,
departments, committees, and boards.
(6)
Oaths. The Chairperson shall administer oaths during a hearing and
may compel the attendance of witnesses.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Election Board is created pursuant to §§ 7.30
and 7.32, Wis. Stats.
A.
Composition.
(1)
The Election Board shall consist of residents of the City. An odd
number of Election Board members, three, five, or seven, shall be
present at each election to carry out the duties.
(2)
Pursuant to § 7.30(1), Wis. Stats., the City shall allow
for the selection of two or more sets of officials to work at different
times on election days and permit the Clerk or his/her designee to
establish different working hours for different officials assigned
to the same polling place. Alternate officials shall also be appointed
in a number sufficient to maintain adequate staffing of the polling
places.
[Amended by Ord. No. 02-17]
B.
Appointment and term. The Mayor, no later than the last regular meeting
in December of each even-numbered year, shall submit to the City Council
his nominations, taken from those lists submitted by each of the Mayor's
nominations, who shall take and hold office for the term of two years.
C.
Powers and duties. The powers and duties of the Election Board shall
be those enumerated in Ch. 7, Wis. Stats.
A.
Composition. The Housing Authority shall consist of five members.
No more than two members may be officers of the City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Appointment and term. The Mayor, subject to the confirmation of the
City Council, shall appoint members to the Housing Authority on the
third Tuesday in April, to hold office commencing May 1, for a term
of five years.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Vacancies. Vacancies shall be filled for unexpired terms in the same
manner as regular appointments are made.
D.
Powers and duties. The powers and duties of the Housing Authority
shall be those enumerated in §§ 66.1201 to 66.1211
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Library Board is created pursuant to § 43.54,
Wis. Stats., and does not exist by virtue of any local ordinance.
A.
Composition. The Library Board shall consist of seven members. Two
members may be residents of adjacent townships, one member shall be
the school district administrator or his/her designee, and the remainder
shall be residents of the City. Not more than one member of the municipal
governing body shall at any one time be a member of the Library Board.
[Amended by Ord. No. 01-10]
B.
Appointment and term. The Mayor, subject to the confirmation of the
City Council, shall appoint members to the Board on the third Tuesday
in April, to hold office commencing May 1, for a term of three years.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Vacancies. Vacancies shall be filled for unexpired terms in the same
manner as regular appointments are made.
D.
Powers and duties. The powers and duties of the Library Board shall
be those enumerated in § 43.58, Wis. Stats.
A.
How constituted. The City Plan Commission shall consist of seven
members: The Mayor, who shall be its presiding officer, two Alderpersons
and four citizens. Ex-officio members shall be the City Administrator,
Director of Public Works, and City Engineer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Term of office.
(1)
The Alderperson members of the City Plan Commission shall be nominated
by the Mayor and approved by the Council upon creation of the Commission,
and during each April thereafter.
(2)
The four citizen members shall be appointed by the Mayor, upon creation
of the Commission, to hold office for a period ending one, two, and
three years, respectively, from the succeeding first day of May, and
thereafter annually during April one such member shall be appointed
for a term of three years.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Qualifications. All citizen members shall be persons with recognized
experience and qualifications and shall hold office until their respective
successors are selected and qualified.
D.
Organization. The City Plan Commission may meet upon appointment
after the reorganizational meeting in April and shall organize by
the election of a Secretary and such other officers as may in their
judgment be necessary. The Commission may also formulate any lawful
rules for its operation and procedures in accordance with City Council
rules.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Vacancies. All vacancies on the City Plan Commission shall be filled
for the unexpired term in the same manner as appointment for the full
term.
F.
Removal. Any member shall be removed by the Mayor for cause upon
written charges and after public hearing.
G.
Meetings. Meetings shall be held as determined by the Plan Commission.
Special meetings may be called by the presiding officer or upon written
request of two Commission members. Notice of special meetings shall
be given to all members at least 24 hours prior to the called special
meeting. Minutes shall be kept and filed with the City Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
H.
Quorum. Four members shall constitute a quorum to transact any business,
and all actions shall require the affirmative approval of a majority
of all the members in attendance.
I.
Activities for Plan Commission review. City Council or other public
body or officer of the City having authority thereon shall refer to
the City Plan Commission, for its consideration and report before
final action is taken by the City Council or public body or officer,
the following matters:
(1)
The location and architectural design of any public building:
(2)
The location of any statue or other memorial.
(3)
The location, acceptance, extension, alteration, vacation, abandonment,
change of use, sale or acquisition of land or lease of land for any
street, alley or other public way, park, playground, airport, area
for parking facilities, or other memorial or public grounds.
(4)
The location, extension, abandonment or authorization for any public
utility, whether public or privately owned.
(5)
All land divisions of land in the City or within the territory over
which the City is given planning jurisdiction by Ch. 236, Wis. Stats.
(6)
The location, character and extent or acquisition, leasing or sale
of lands for public or semipublic housing, slum clearance, relief
of congestion, or vacation camps for children.
A.
Composition.
(1)
The Police Commission shall consist of five citizens, one of whom
shall be appointed annually by the Mayor, subject to confirmation
by the Council, for a term of five years beginning on May 1. No more
than three members of the Commission shall belong to the same political
party as provided in § 62.13(1), Wis. Stats.
(2)
No Commission member shall also be an elected City official. If a
Commission member is appointed or elected to a City elective office
during his or her term on the Commission, said member shall vacate
the position on the Commission before being sworn in as an elected
official, and the vacancy shall be filled for the unexpired term pursuant
to this subsection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Appointments. The Commission shall appoint the Chief of Police, who
shall hold their offices during good behavior, subject to suspension
or removal by the Commission for cause. The Chief of the Police shall
appoint their subordinates, subject to the approval of the Board and
in the manner and form as prescribed by law and the statutes, in such
case made and provided.
C.
Rules and regulations. The Police Commission shall from time to time
make such rules and regulations as it may deem necessary to perform
and execute the duties and powers herein vested in such Board.
D.
Power and authority. The Board of Police Commissioners shall have
the power and authority prescribed in and shall be subject to the
provisions of § 62.13, Wis. Stats.
E.
Supervision and management. The power to supervise and manage personnel,
and the authority to develop and implement policies of the Police
Department shall be vested in the Police Commission. The City Council
shall fix the salaries of the Chiefs and members of the Police Department
and shall determine said Department budget as provided in § 62.13,
Wis. Stats.
A.
Composition. The Utility Commission shall consist of five citizens
and two Alderpersons, who shall be appointed by the Mayor, subject
to confirmation of the Council. Citizen members shall serve staggered
terms of five years beginning on May 1. Alderpersons shall be appointed
annually.
B.
Power and authority. The Utility Commission is hereby created pursuant
to all provisions of § 66.0805, Wis. Stats.
C.
Rules and regulations. The Utility Commission shall set the operation
and management policies for both the Water Utility and Sewer Utility.
Water Utility rules and regulations shall conform with the dictates
of the Public Service Commission Administrative Rules.
D.
Supervision and management. The authority to supervise and manage
personnel shall be vested in the Utility Commission. The City Council
shall fix the salaries for the utility personnel.
A.
Creation of a redevelopment authority. Pursuant to § 66.1333(3),
Wis. Stats., (entitled "Redevelopment authority") there is hereby
created a redevelopment authority, which shall be known as the "Redevelopment
Authority of the City of Edgerton."
B.
Status of Redevelopment Authority as a public body. A Redevelopment
Authority (RA) is deemed to be a public body having all the powers,
duties, and functions granted to redevelopment authorities by applicable
laws of the State of Wisconsin.
C.
Appointment, confirmation, and term of Commissioners. The seven Commissioners
and one alternate of the RA shall be residents of the City of Edgerton
and shall be appointed by the Mayor and confirmed by the City Council
as follows:
(1)
One, but no more than two, of the Commissioners shall be City officials
or members of the City Council, confirmed annually at the special
City Council meeting held on the third Tuesday of April. No Commissioner
who is a City Official or member of the City Council may be appointed
and confirmed to a single term longer than one year. If only one Council
member is appointed, a citizen shall be appointed in place of the
second Council member.
(2)
Terms of office for the initial commission members shall be as follows:
two for one year; two for two years; one for three years; one for
four years; and one for five years.
(3)
Thereafter, the terms of the remaining Commissioners and one alternate
who are not City officials or members of the City Council shall be
five years. Commissioners who are not City officials or members of
the City Council shall serve until a successor has been appointed
and qualified, unless such Commissioner's term is vacated earlier
because of change of residence, removal, resignation, or death.
(4)
Vacancies shall be filled by the Mayor and confirmed by a four-fifths
vote of the City Council.
(5)
The alternate is allowed to participate at all Commission meetings.
The alternate shall act, with full voting power, only when a member
of the Commission refuses to vote because of a conflict of interest
or when a member is absent.
D.
Bylaws. The RA may adopt and from time to time amend or repeal such
bylaws and other rules and regulations consistent with applicable
law and as it deems necessary in the performance of its functions.
E.
Officers, agents, and employees.
(1)
The RA shall annually elect a Chairperson and Vice Chairperson from
among the Commissioners. Vacancies occurring in the office of Chairperson
or Vice Chairperson shall be filled from among the Commissioners for
the unexpired portion of the term.
(a)
The Authority may elect to open nominations for the office of
Chairperson or Vice Chairperson prior to the expiration of either
the Chairperson's or Vice Chairperson's term. Should two Authority
members request to open nominations, the next RA meeting agenda shall
include said request.
(b)
A motion to open nominations for the selection of Chairperson's
or Vice Chairperson of the Authority, prior to the expiration of either
the Chairperson's or Vice Chairperson's term, shall be carried only
by affirmative vote of two-thirds of the Authority's members. Should
said motion to open nominations carry, the Authority shall immediately
select a Chairperson's or Vice Chairperson from among the Commissioners
to serve the remainder of the respective term.
(2)
The RA may contract with the City or other agency or entity, public
or private, for the provision of any necessary services associated
with the RA in the performance of its duties and functions. Any services
provided to the RA by the City pursuant to such contract shall be
coordinated through the City Administrator.
F.
Powers and duties of the RA.
(1)
Redevelopment plan(s). The RA shall have the authority to create
a redevelopment plan. The RA shall implement the retention and development
activities as identified in any redevelopment plan(s) or other economic
development plans created and approved by the City Council. The RA
shall be responsible for regularly reviewing redevelopment or economic
development plans, and shall implement any changes or additions to
the plans approved by the City Council.
(2)
Redevelopment authority. The RA shall have all the powers, duties
and functions of a Redevelopment Authority as set forth in § 66.1333,
Wis. Stats. All redevelopment projects initiated by the RA and approved
by the City Council shall be undertaken and carried out in accordance
with § 66.1301 to 66.1309, 66.1331, 66.1333, 66.1337, or
66.1105, Wis. Stats., as determined appropriate to each project by
the City Council.
(3)
The RA shall submit an annual budget to the City Administrator; such
budget shall be subject to review by the City Administrator prior
to submission to the City Council. The approval of the RA budget by
the City Council permits the RA to spend budgeted funds for the purposes
designated.
(4)
The RA shall advise the City Council of funds or assets received
by the RA from all sources and provide a monthly accounting of expenditures
to the City Council for information purposes. The RA shall be subject
to the City accounting and auditing procedures.
(5)
In addition to the foregoing powers, duties, and functions, the RA
shall have such other powers, duties, and functions related to redevelopment
as are granted to it by the City Council.
G.
Severability. If any section, subsection, sentence, clause, phrase,
or position of this section is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portion of the section.
H.
Construction. All powers, duties, and functions of a redevelopment
authority, as set forth in § 66.1333, Wis. Stats., are deemed
to have been granted to the RA as though set forth in this section,
and the powers granted hereunder shall be constructed liberally to
effectuate its purpose.
[Amended by Ord. No. 99-08; Ord. No. 16-02]
See Chapter 246, Historic Preservation.
