ORD20131372-Board of Review
STATE OF WISCONSIN CITY OF MUSKEGO WAUKESHA COUNTY
ORDINANCE NO. 1372
AN ORDINANCE TO CREATE SECTION 1.05(1)(f)
OF THE CITY OF MUSKEGO MUNICIPAL CODE
RELATED TO FILING WITH THE BOARD OF REVIEW
WHEREAS, the Clerk of the City of Muskego Board of Review has requested
that the City Council consider clarifying the filing requirements for the Board of Review;
and
WHEREAS, the Clerk of the Board of Review has recommended that electronic
filing be permitted, as a convenience to City taxpayers; and
WHEREAS, allowing electronic filing can create uncertainty and confusion
regarding the time of filing, which can be significant under the applicable laws that relate
to Board of Review proceedings; and
WHEREAS, the Common Council of the City of Muskego intends to allow
electronic filing with the Board of Review, provided that the filing is not deemed to be
complete until it is actually received by the Board of Review Clerk.
NOW, THEREFORE, the City of Muskego Common Council, Waukesha County,
Wisconsin, DO HEREBY ORDAIN as follows:
SECTION 1: Chapter 1 of the City of Muskego Municipal Code entitled “General
Government,” Section 1.05 entitled “Boards and Commissions,” subsection (1) entitled
“Board of Review,” subsection (f) is hereby created as follows:
(f) Filing and Electronic transmission. Filing documents with the Clerk
of the Board of Review may be accomplished in-person, by mail, by
facsimile transmission or by e-mail transmission. In each case the
document is not deemed to be filed until, and it is only deemed to
be filed if, it is complete and (i) it is actually received by the Clerk
in-hand, in the case of in-person delivery, mail or facsimile; or (ii) it
is opened by the Clerk, in the case of email. No document
transmitted by facsimile transmission or by email transmission while
the Board of Review is in session shall be deemed filed with the
Clerk during the session in that the Clerk will not be able to receive
the same while the Board of Review is in session. The party
transmitting the document is solely responsible for ensuring its
timely and complete receipt and filing.
SECTION 2: SEVERABILITY.
The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by 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 shall not affect the validity of any
other provisions, sections or portions thereof of the ordinance. The remainder of the
ordinance 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: EFFECTIVE DATE.
This ordinance shall be effective upon publication or posting as provided by law.
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DATED THIS 11 DAY OF JUNE, 2013.
CITY OF MUSKEGO
__________________________
Kathy Chiaverotti, Mayor
First Reading: 05/28/2013
ATTEST:
_______________________
Sharon Mueller, City Clerk
This ordinance posted or published June 20, 2013.
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