City of Weyauwega, WI
Waupaca County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 2, Ch. 3 of the 2001 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and committees — See Ch. 14.
Elections — See Ch. 39.
Ethics — See Ch. 47.
Mayor and City Council — See Ch. 95.
[Amended 8-17-2015 by Ord. No. 2015-1]
A. 
General powers. Officers of the City of Weyauwega shall have the powers and duties enumerated for their position in Ch. 62, Wis. Stats., as provided by statute or this chapter, and as prescribed by the Council. City officers shall exercise their powers and duties subject to the direction of the Mayor and Council.
B. 
Rules. All officers and departments may make the necessary rules for the conduct of their duties and incidental proceedings. Such rules shall be subject to the review and approval of the Council.
C. 
Legal representation. City officers shall be entitled to legal representation or the cost of legal representation if proceeded against in their official capacity for acts done within the scope of employment to the extent provided by state law. The Council may authorize the City Attorney to represent the officer in any such suit, at the Council's option.
[Amended 5-16-2005 by Ord. No. 2005-03; 7-19-2010 by Ord. No. 2010-02; 8-17-2015 by Ord. No. 2015-1]
A. 
Appointed officials. The following shall be appointed officials:
Official
How Appointed
Term
Attorney
Affirmative vote of the Council
Indefinite, at pleasure of the Council
Administrator
Affirmative vote of the Council
Indefinite, at pleasure of the Council
Chief of Police
Affirmative vote of the Council
As provided in § 62.12, Wis. Stats.
Building Inspector
Affirmative vote of the Council
Indefinite, at pleasure of the Council
Assessor (or assessing firm)
Affirmative vote of the Council
As determined by contract
B. 
Time for taking office. The regular term of all appointed officials shall commence with their appointment at the first meeting of the City Council in April of each year, except officials appointed for indefinite terms, who shall take office upon appointment and qualification.
C. 
Offices dispensed with. The offices of Engineer, Street Commissioner, and Board of Public Works are dispensed with, and the duties thereof shall be performed by the City Council. The office of Constable is dispensed with.
[Amended 5-16-2005 by Ord. No. 2005-04; 7-19-2010 by Ord. No. 2010-02; 9-26-2011 by Ord. No. 2011-7; 11-26-2012 by Ord. No. 2012-3; 4-18-2017 by Ord. No. 2017-3; 3-19-2018 by Ord. No. 2018-2]
A. 
Office of City Administrator. In order that the various officers, officials and employees and departments executing policy and administering the affairs of the City of Weyauwega may operate as efficiently as possible under a system of part-time Mayor and part-time Alderpersons, and to better ensure competent, expeditious, efficient and harmonious administration and action in respect to any activity common to one or more of the City’s officers, officials and departments and in order that there may be uniform application of policy, there is herewith created the office of the City Administrator for the City of Weyauwega.
B. 
Appointment. The City Administrator shall be appointed as provided in § 110-2. The City Council shall establish procedures for selection of the City Administrator including, among other things, the method for publicizing the position, the selection process to be used, and a review of the job description for the position and all qualifications for the office to assure that the selection is based on merit with due regard to education/training, demonstrated administrative ability, experience and general fitness for the office. Subject to the provisions of any employment agreement that may be entered into with the City Administrator, the City Administrator shall hold his/her office for an indefinite term, subject to removal at any time by a vote of a minimum of five members of the City Council, at pleasure.
C. 
General duties of the City Administrator. Subject to the authority and limitation prescribed by the Wisconsin Statutes and the ordinances, resolutions and policies/procedures of the City of Weyauwega, the City Administrator shall serve as the chief administrative officer of the City of Weyauwega, responsible to and under the directives and policies of the Mayor and City Council, and shall be responsible for the proper administration of all activities of the City. The City Administrator shall have administrative powers and responsibilities over all City departments, department heads and employees of the City. The responsibilities, duties and authority of the City Administrator shall be further prescribed and subject to such conditions as may be set forth by position description and/or employment contract between the City and said City Administrator. This section shall not preclude the City Council from establishing other employment conditions and term not inconsistent with the provisions of this section, the Wisconsin Statutes and the City of Weyauwega Code of Ordinances.
D. 
Bond. The City Administrator shall execute to the City a surety company fidelity bond in an amount determined by the City Council. The acts of the City Administrator shall be covered by official bond as the City Council shall direct.
[Amended 9-26-2011 by Ord. No. 2011-7; 4-18-2017 by Ord. No. 2017-3; 3-19-2018 by Ord. No. 2018-2]
A. 
Creation of the Office of City Clerk. The City Clerk shall be appointed by the City Council by majority vote upon recommendation of the City Administrator. The Clerk shall have such powers and perform such duties as prescribed by state law and directed by the City Council as provided at § 62.09(11), Wis. Stats., under the direction of the Mayor and City Administrator.
B. 
Bond. The City Clerk shall execute to the City a surety company fidelity bond in an amount determined by the City Council. The acts of the City Clerk shall be covered by official bond as the City Council shall direct.
C. 
Tenure. The City Clerk shall serve an indefinite term subject to removal at any time by a vote of a minimum of five of the members of the City Council, at pleasure.
[Added 9-26-2011 by Ord. No. 2011-7; amended 11-26-2012 by Ord. No. 2012-3; 4-18-2017 by Ord. No. 2017-3; 3-19-2018 by Ord. No. 2018-2]
A. 
Creation of the Office of City Treasurer. The City Treasurer shall be appointed by the City Council by majority vote upon recommendation of the City Administrator. The City Treasurer shall have such powers and perform such duties as prescribed by state law and directed by the City Council as provided at § 62.09(9), Wis. Stats., under the direction of the Mayor and City Administrator.
B. 
Bond. The City Treasurer shall execute to the City a surety company fidelity bond in an amount determined by the City Council. The acts of the City Treasurer shall be covered by official bond as the City Council shall direct.
C. 
Tenure. The City Treasurer shall serve an indefinite term subject to removal at any time by a vote of a minimum of five of the members of the City Council, at pleasure.
[1]
Editor’s Note: Former § 110-5, Supervisor of Public Works, as amended, was repealed 8-17-2015 by Ord. No. 2015-1.
A. 
Selection. The City Attorney shall be appointed pursuant to § 110-2.
B. 
Duties. The City Attorney shall have the following duties. The Attorney shall:
(1) 
Conduct all of the law business in which the City is interested and shall serve as legal advisor to the Mayor, City Council and officers of the City.
(2) 
When requested by City officers, give written legal opinions which shall be filed with the City.
(3) 
Draft ordinances, bonds and other instruments as may be required by City officials.
(4) 
Perform such other duties as provided by state law and as designated by the City Council.
C. 
Assistant. The City Attorney may appoint an assistant who shall have the power to perform his/her duties and for whose acts he/she shall be responsible to the City. Such assistant shall receive no compensation from the City, unless previously provided by ordinance.
D. 
Special counsel. The City Council may employ and compensate special counsel to assist in or take charge of any matter in which the City is interested.
A. 
Appointment.
(1) 
The Chief of Police shall be appointed pursuant to § 110-2 and shall hold office during satisfactory performance, subject to suspension or removal pursuant to law.
(2) 
The compensation to be paid the Chief of Police for his/her services, the hours of active duty, rest days, vacation periods and other involvement of his or her employment shall be such as may be determined by the City Council from time to time.
B. 
General duties. The Chief of Police shall:
(1) 
Have command of the Police Department of the City under direction of the Mayor.
(2) 
Have general administration and control of the Department.
(3) 
Be responsible for the Department's government, efficiency and general good conduct.
(4) 
Perform all duties prescribed to him/her by laws of the state and ordinances of the City.
(5) 
Develop Department policies and procedures.
(6) 
Maintain Department ethics and discipline.
(7) 
Delegate special assignments or duties to police officers and monitor to see that responsibilities are carried out.
(8) 
Perform all the duties of a police officer during a portion of every regular shift.
(9) 
Identify and evaluate ideas to achieve more efficient and effective operation.
(10) 
Prepare Department budget requests and maintain expenditures within approved budgetary levels.
(11) 
Authorize overtime work for police officers, with supporting justification provided to the Mayor and City Council or committee thereof.
(12) 
Participate in the recruitment, testing and selection of new personnel.
(13) 
Supervise and participate in the advanced and continuing training of police officers and nonsworn Department employees.
(14) 
Cooperate with county, state and federal officials and other municipal law enforcement agencies.
(15) 
Make special reports to the City Council on request and advise and cooperate with other City departments in matters of public safety.
(16) 
Perform other miscellaneous duties as assigned.
[1]
Editor's Note: See also Ch. 119, Police Department.
A. 
Appointment. The Fire Chief shall be appointed pursuant to the bylaws of the Weyauwega Fire District ("Department").
B. 
Duties and powers.
(1) 
The Chief shall have general supervision of the Fire Department personnel, apparatus and equipment. The Fire Chief, or his/her designee, shall be present at fires and command all fire-fighting operations. The Fire Chief may make such further rules, regulations and policies for the government of the Fire Department as he/she may deem necessary, provided that such rules and regulations shall not be inconsistent with the laws of the State of Wisconsin or Department bylaws. The Fire Chief shall, by virtue of his/her office, hold the office of Fire Inspector or he/she may delegate a member of the Department to serve as the Fire Inspector.
(2) 
He/she shall enforce all fire prevention ordinances of the City 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.
C. 
Reports of Chief. The Fire Chief shall report to the City Council and/or Fire District Board from time to time at his/her discretion or upon the request of said City Council and/or Fire District Board on matters concerning departmental matters and shall perform such other duties in conformance with his/her office as may from time to time be required of him/her by the City Council.
[1]
Editor's Note: See also Ch. 59, Fire Department, and Ch. 262, Fire Prevention.
A. 
Appointment.
(1) 
The City of Weyauwega hereby elects not to be governed by those portions of § 62.09(3)(b), Wis. Stats., relating to the method of selection of the City Assessor which are in conflict with this section.
(2) 
The City Assessor, or assessing firm, shall be appointed by the City Council for a term of office as determined by contract.
(3) 
A corporation or an independent contractor may be appointed as 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.
(4) 
No Assessor shall be appointed unless said Assessor is certified by the Wisconsin Department of Revenue as qualified to perform the functions of the office of Assessor.
B. 
Duties. The Assessor shall perform all duties required of such office as provided by law and such other duties as are requested to be executed by such person by the City Council from time to time.
C. 
Definition. For purposes of this section, "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.
[1]
Editor's Note: This section was originally adopted by charter ordinance.
A. 
Qualifications.
(1) 
There is created the position of Building Inspector.
(2) 
The Building Inspector shall:
(a) 
Possess such executive ability as is requisite for the performance of his/her duties and shall have a thorough knowledge of the standard materials and methods used in the installation of equipment in his/her area of responsibility.
(b) 
Be well versed in approved methods of construction for safety to persons and property, the regulations of the State of Wisconsin relating to work in his/her area of responsibility, and any orders, rules and regulations issued by authority thereof.
(c) 
Have sufficient experience in the installation of equipment to enable him/her to understand and apply the appropriate codes adopted by the City of Weyauwega.
(d) 
Be properly certified by the state in his/her areas of responsibility.
B. 
Appointment and general powers.[1]
(1) 
The Building Inspector shall be appointed pursuant to § 110-2.
(2) 
Any person feeling himself/herself aggrieved by any order or ruling of the Building Inspector may, within 30 days thereafter, appeal from such order or ruling to the Board of Appeals, as established in the Zoning Code, such an appeal to be in writing.[2]
[2]
Editor's Note: See Ch. 530, Zoning.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Authority to enter premises.
(1) 
In the discharge of his/her duties, the Building Inspector under this section or his/her authorized agent may enter any building, upon presentation of the proper credentials, during reasonable hours for the purpose of inspection any may require the production of any permit or license required hereunder. No person shall interfere with the Inspector or his/her authorized agent while in the performance of his/her duties, and any person so interfering shall be in violation of this section and subject to a penalty as provided by § 1-3 of this Code.
(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 for inspection purposes has been denied, the Inspector shall obtain a special inspection warrant under § 66.0119, Wis. Stats.
D. 
Duties and authority. The Building Inspector shall have such duties as are prescribed in this section and Chapter 210, Building Construction, of this Code.
E. 
Records. The Building Inspector shall keep a record of all applications for permits and regularly number each permit in the order of issuance. The Building Inspector shall keep a record of all inspections made and a record of all fees collected by him/her showing the date of his/her receipt and transfer to the City Administrator.
F. 
Stop-work orders and revocations. The Building Inspector may order construction, installation, alteration or repair work stopped when such work is being done in violation of this Code of Ordinances. Work so stopped shall not be resumed, except with written permission of the Inspector, provided that if the stop-work order is an oral one it shall be followed by a written order within a reasonable period of time.
A. 
Selection. A Health Officer may be appointed by the Mayor, subject to Council confirmation. Such Health Officer shall be a physician or, in lieu thereof, a person with training and experience in public health administration which shall meet training and experience requirements established by the State Department of Health Services. If the Health Officer is not a physician, the City Council shall arrange for and provide in addition such services of a physician as may be necessary on either a part-time or full-time basis and provide reasonable compensation therefor.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Vacancy. If a vacancy in the position of Health Officer occurs, the Mayor shall immediately fill the position.
C. 
Responsibilities.
(1) 
The Health Officer shall provide such additional rules and regulations as are necessary for the preservation of health, to prevent the spread of communicable diseases, and to cause the removal of all objects detrimental to health and to enforce the health laws. All proposed rules and regulations shall be reported to the City Council by the Health Officer, and if the Council approves the same by a vote of a majority of its members, they shall have the force and effect of ordinances, including penalty for violation.
(2) 
The Health Officer shall from time to time recommend to the City Council such sanitary measures to be executed by the City as seem necessary and shall discharge such other duties as may be imposed by the Council by ordinance or resolution.
The Weed Commissioner shall be appointed by the Mayor, subject to Council confirmation. The term of office of the Weed Commissioner shall commence on the first day of May following his/her appointment. The Weed Commissioner shall take the official oath, which oath shall be filed in the office of the City Administrator, and shall hold office for one year. The Weed Commissioner shall hold office pursuant to and fulfill the duties set out in state law.
A. 
No person shall be elected by the people to a City office who is not, at the time of his/her election, a citizen of the United States and of this state and an elector of the City and, in case of a ward office, of the ward and actually residing therein.
B. 
An appointee by the Mayor, requiring to be confirmed by the Council, who shall be rejected by the Council shall be ineligible for appointment to the same office for one year thereafter.
C. 
No member of the City Council shall, during the term for which he/she is elected, be eligible for an office or position which, during such term, has been created by, or the selection to which is vested in, the Council, provided that the Council may be represented on City boards or commissions where no additional remuneration is paid such representative except as otherwise provided by the laws of the State of Wisconsin.
A. 
Elected officials. Elected officials may be removed by the City Council as provided in §§ 17.12(1)(a) and 17.16, Wis. Stats.
B. 
Appointed officials. Appointed officials may be removed as provided in §§ 17.12(1)(c) and 17.16, Wis. Stats.
City officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.
A. 
Oath. Every person elected or appointed to any statutory office shall take and file his/her official oath within 10 days after the notice of his/her election or appointment.
B. 
Bonds. The City Administrator, and such other statutory officers as the laws of Wisconsin or the City Council may direct, shall execute and file an official bond in such form as the Council may determine. The Council may at any time require new or additional bonds of any officer. All official bonds must be approved by the Mayor and, when so approved, then be filed within 10 days after the officer executing the same shall have been notified of this election or appointment. Official bonds shall be filed with the City Administrator and shall be recorded by him/her in a book kept by him/her for that purpose.