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ORD1985524ORDINA E 11524 AN ORDINANCE TO CREATE CHAPTER 27 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0 (Administrative Review) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO k ORDAIN AS FOLLOWS: SECTION 1: Chapter 27 of the Municipal Code of the City of Muskego, Wisconsin, is hereby created and made a part of the Municipal Code as adopted by Ordinance 524. Office of the City Clerk and open to public inspection for not ordinance is hereby incorporated into the Municipal Code of the less than two weeks prior to the date of this ordinance and said City. SECTION 2: A copy of said ordinance has been on file in the SECTION 3: All ordinances or parts of ordinances inconsistent with or contravening this ordinance are hereby repealed. SECTION 4: This ordinance sh 1 be in effect upon passage and publication and on and after LiVlA , \q%<< * PASSED AND APPROVED THIS a\&, QAY OF -aki, , 1985. ATTEST : Published on the [ L~ day of , 1985. STATE OF WISCONSIN ) Milwaukee County ) ) ss. JrrriiR yzfl Eirn8Wiii being duly sworn, doth depose and say that he is an authorized representative of The .!uskeg.? .$-E . . ............ a newspaper published at .. Mu.s.k.e.q-? ............. Wisconsin and that an advertisement of which the annexed is a true copy, laken from said paper. was published therein on . .. .. p. 4;. /!&’. .... ......... ..... ...... ....... ............. BOOKKEEPER, Subscribed and sworn to before me this . . . day of ...... 19 24’ ‘4- A& ..... ukee County Wisconsin ORDINANCE NO. 524 AN ORDINANCE TO CREATE CHAPTER 27 ADMINISTRATIVE REVIEW IN THE CITY OF MUSKEG0 The Common Council of the City of Muskeqo, Waukesha County, State of Wisconsin Do ORDAIN AS FOLLOWS: SECTION 1. An Ordinance entitled CHAPTER 27, Adminis- trative Review is hereby created for the Municipal Code of the City of Muskeqo to read as follows: I' ! , ! ! Q 27.01 27.02 27.03 27.04 27 -05 27.06 27.07 27 -00 27.09 27.10 27 .ll 27.12 27.13 CHAPTER 27 ADMINISTRATIVE REVIEW PROCEDURE REVIEW OF ADMINISTRATIVE DETERMINATIONS DETERMINATIONS REVIEWABLE DETERMINATIONS NOT SUBJECT TO REVIEW MUNICIPAL AUTHORITY DEFINED PERSONS AGGRIEVED REQUEST FOR REVIEW OF DETERMINATION REDUCING DETERMINATION TO WRITING REVIEW OF DETERMINATION (1) Initial Determination 12) Who Shall-Make Review (3) When to Make Review (4) Right to Present Evidence and (5) Decision on Review Argument ADMINISTRATIVE APPEAL (1) From Initial Determination or Decision on Review (2) Time Within Which Appeal May be Taken Under This Section (3) How Appeal May be Taken HEARING ON ADMINISTRATIVE APPEAL (1) Time of Hearing (2) Conduct of Hearing (3) Record of Hearing 14) Hearino on Initial Determination I " - l- 27.01 REVIEW OF ADMINISTRATIVE DETERMINATIONS. Any person aggrieved by an administrative determination of the Common Council, or a board, commission, committee, agency, officer or employee of the City 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. 27.02 DETERMINATIONS REVIEWABLE. The following determinations are reviewable under this Chapter: (1) The grant or denial in whole or in part after application of an initial permit, license, right, privilege, or authority, except a fermented malt beverage or intoxicating liquor license. (2) The suspension, revocation or nonrenewal of an except as provided in f27.03(4). existing permit, license, right, privilege, or authority, value under a statute or Ordinance prescribing conditions of eligibility for such grant. (3) The denial of a grant of money or other thing of person except a municipal employee or officer, other than by a court . (4) The imposition of a penalty or sanction upon any employee except as provided in §27.03(2) and (7 1. (5) The suspension or removal of a City officer or 27.03 DETERMISATIONS NOT SUBJECT TO REVIEW. The following determinations are not reviewable under this Chapter: (1) A legislative enactment. A legislative enactment is an Ordinance, resolution or adopted motion of the Common Council. (2) Any action subject to administrative or judicial review procedures under State statutes or other provisions of this Code. required to be filed with the City under 562.25, Wisconsin (3) The denial of a tort or contract claim for money Statutes. (4) The grant, denial, suspension or revocation of a fermented malt beverage license or intoxicating liquor license under Chapter 125, Wisconsin Statutes. (5 1 Judgments and orders of a court. -2- (6 Determin negotiations. ations m lade during municipal labor (7) Determinations subject to grievance, arbitration, or other procedures provided in collective bargaining agreements. 27.04 MUNICIPAL AUTHORITY DEFINED. "Municipal authority" includes the Common Council, board, commission, committee, agency, officer, employee, or aaent of the City making a determination under 527.01, and every person, committee or agency of the City appointed to make an independent review under §27.08(2). 27 -05 PERSONS AGGRIEVED. A person aggrieved includes any individual, partnership, corporation, association; public or private organizatibn; officer, department, board, commission or agency of the City; whose rights, duties or privileges are adversely affected by a determination of a municipal authority. No department, board, commission, agency, officer or employee of the City who is aggrieved may initiate review under this Chapter of a determination .of any other department, board, commission, agency, officer or employee of the City, but may respond or intervene in a review proceeding under this Chapter initiated by another. 27.06 REDUCING DETERMINATION TO WRITING. If a determination subject to this Chapter is made orally or, if in writing, does not-state the reasons therefor, the mhicipal authority making such determination shall, upon written within ten (10) days of notice of such determination, reduce request of any person aggrieved by such determination made 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 determinati0.n reviewed, that such review may be obtained within thirty (30) days, and the office or person to whom a request for review shall be addressed. 27.07 REQUEST FOR REVIEW OF DETERMINATION. Any person aqqrieved may have a written or oral determination reviewed-by written-request mailed or delivered to the municipal authority which made such determination within thirty (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 - ~~ -3- unless such fai authority. DETERMINATION. 27.08 the determinati determination. lure has caused prejudice to the municipal REVIEW OF DETERMINATION. (1) INITIAL on to be reviewed shall be termed an initial If a request for review is made under 527.07, (2) WHO SHALL MAKE REVIEW. A review under this Section may be made by the officer, employee, agent, agency, committee, board, commission or body who made the initial determication by another person, committee or agency of the determination. However, an independent review of such City, appointed by the City Chairperson, appointed by the Common Council, without confirmation, shall be provided if practicable. (3) WHEN TO MAKE REVIEW. The municipal authority shall review the initial determination within fifteen (15) days of receipt of a request for review. The time for review may be extended by agreement with the person aggrieved. (4) RIGHT TO PRESENT EVIDENCE AND ARGUMENT. The person aggrieved may file with his request for review or within the time agreed with the municipal authority written evidence and argument in support of his position with respect to the initial determination. (5) DECISION ON REVIEW. The municipal authority may affirm, reverse or modify the initial determination and shall mail or deliver to the person aggrieved a copy of the municipal authority's decision on review, which shall state person aggrieved of his right to appeal the decision, that the reasons for such decision. The decision shall advise the appeal may be taken within thirty (30) days, and the office or person with whom notice of appeal shall be filed. 27.09 ADMINISTRATIVE APPEAL. (1) FROM INITIAL DETERMINATION OR DECISION ON REVIEW. in compliance with 527.10 when the' initial determination was made, he may elect to follow 5527.06 through 27.08, but is not entitled to a further hearing under S27.10 unless granted by the municipal authority. He may, however, seek judicial review under 527.12. (a) If the person aggrieved had a hearing substantially determination 27.08 and may under S27 .OB. 27.09(2) THIS SECTION. substantially in compliance with S27.10 when the initial (b) If the person aggrieved did not have a hearing 1 was made, he shall follow 5S27.06 through appeal under this Section from the decision made (2)TIME WITHIN WHICH APPEAL MAY BE TAKEN UNDER Appeal from a decision on review under S27.08 -4- 0 * J nay be taken within thirty (30) days of notice of such decision. (3) HOW APPEAL MAY BE TAKEN. An appeal under this or person designated in the municipal authority's decision on Section may be taken by filing with or mailing to the office review, written notice of appeal. 27.10 HEARING ON ADMINISTRATIVE APPEAL. (1) TIME OF HEARING. The City shall provide the appellant a hearing on an appeal under 527.b9 within fifteen (15-)-days of receipt-of the notice of appeal and shall serve the appellant with notice of such hearing by mail or personal service at least ten (10) days before such hearing. The office or person with whom a Attorney, who shall forthwith advise the City Chairperson of notice of appeal is filed shall immediately notify the City such appeal. (2) CONDUCT OF HEARING. At the hearing, the appellant may present evidence and call and examine witnesses and cross- and the municipal authority may be represented by counsel and examine witnesses of the other party. Such witnesses shall be sworn by the person conducting the hearing. The City Chairperson shall appoint, without confirmation, an impartial decision maker, who may be an officer, committee, board or commission of the City, or the Common Council, who did not who shall make the decision on administration appeal. The participate in making or reviewing the initial determination, decision maker may issue subpoenas. The hearing may, however, commission designated by the City Chairperson to conduct the be conducted by an impartial person, committee, board or hearing and report to the decision maker. (3) RECORD OF HEARING. The person conducting the of the testimony and shall mark and preserve all exhibits. hearing or a person employed for that purpose shall take notes appellant shall, cause the proceedings to be taken by a The person conducting the hearing may, and upon request of the stenographer or by a recording device, the expense thereof to be paid by the City. (4) HEARING ON INITIAL DETERMINATION. Where substantial existing rights are affected by an initial determination, the municipal authority making such determination shall, when practicable, give any person directly affected an opportunity to be heard in accordance with this Section before making such determination. 27.11 FINAL DETERMINATION. (1) Within twenty (20) days of completion of the hearinq conducted under S27.10 and the filing of briefs, if any, the decision maker shall mail or deliver to the appellant its written determination stating the reasons therefor. Such determination shall be a final determination. / meeting the requirements of 527.10 or a decision on review under 527.08 following such hearing shall be a final determination, judicial review of which may be obtained under 527.12. (2) A determination following a hearing substantially 27.12 JUDICIAL REVIEW. (1) Any party to a proceedinq resultinq in a final determination may seek review thereof by writ of ceriorari within thirty (30) days of receipt of the final determination. (2) The record of the proceedings shall be transcribed at the expense of the person seeking review. A transcript expense. If the person seeking review establishes shall be supplied to anyone requesting the same at his impecuniousness to the satisfaction of the reviewing court, the court may order the proceedings transcribed at the expense of the City and the person seeking review shall be furnished a free copy of the transcript. By stipulation, the court may order a synopsis of the proceedings in lieu of a transcript. The court may otherwise limit the requirement for a transcript. 27.13 LEGISLATIVE REVIEW. (1) Seeking review pursuant to this Chapter does not preclude a person aggrieved from seeking relief from the Common Council or any of its boards, commissions, committees, or agencies which may have jurisdiction. (2) If in the course of legislative review under this Section, a determination is modified, such modification and any evidence adduced before the Common Council, board, commission, committee or agency shall be made part of the record on review under 527.12. agency conducting a legislative review under this Section need not conduct the type of hearing required under S27.10. (3) The Common Council, board, commission, committee or - h- SECTION 2, the several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portions thereof of the ordinance which shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3. This Ordinance shall take effect immediately upon passage and posting or publication as provided by law. Passed and adopted this day of May 1985. CITY OF MUSKEtjO Wayne (7 G. Salentine, Mayor ATTEST : Charlotte L. Stewart, Clerk ~ Published and posted on the 6 day of June - , 1985.