Town of Genesee, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Genesee as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-9-2001 by Ord. No. 01-6]
Whenever either the Town Board, Town Clerk or other Town official has authorized a property owner in the Town of Genesee to contact the Town Attorney, Engineer, Planner or any other of the Town's professional staff or the Town Board, Town Clerk or other Town official contacts said Town Attorney, Engineer, Planner or any of the Town's professional staff or a property owner contacts the Town Attorney, Engineer, Planner or other of the Town's professional staff, if said contact results in a charge to the Town of Genesee for that professional's time and services and said service is not a service applied to the Town of Genesee as a whole, then and in that event the Town Clerk shall, pursuant to the provisions of § 66.0627, Wis. Stats., charge that service to said property owner for the fees incurred by the Town.
The Town Clerk shall give each property owner billed for current services as provided for herein notice that he or she shall have a specified period of time not less than 30 days to pay. Said notice shall also state that within 15 days of the date of the notice the property owner may request a hearing before the Town Board regarding the charges against the property. Said notice shall also include an itemized statement of the professional service fees to be charged. Thereafter, if the property owner requests a hearing within the proper time period, the matter shall proceed as described in § 319-3, Appeal to Town Board. If a hearing is not requested within the required time period, if that charge remains unpaid, the Town Clerk shall automatically charge that delinquent tax against the property as provided by law. In the event that it is too late in the current year for the charge, when it becomes delinquent, to be extended on that year's tax roll, then the delinquent charge shall be extended to the following year's tax roll.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Upon receipt of a timely request for hearing, the Town Board shall hold a hearing regarding the property charges at its next scheduled meeting or as soon as feasible. Such hearing shall be preceded by posted public notice and reasonable notice, via first-class mail, to the property owner. In the event a hearing is requested, no charges shall be placed on the tax roll unless and until such hearing has been held and a decision has been rendered by the Town Board to approve the charges against the tax roll in whole or in part. If approved only in part, only that part of the charges that is approved may be charged against the tax roll.
[Adopted 2-10-2003 by Ord. No. 03-1]
[Amended 2-13-2006 by Ord. No. 06-1]
Every person, corporation or organization that intends to conduct an activity in the Town of Genesee that requires a building permit for new construction or that requires a culvert permit, or that includes installation of a driveway in a location where no driveway currently exists, shall, prior to commencing such work, provide to the Town Clerk cash in an amount which shall be determined from time to time by separate Town Board resolution as a guarantee that the work will be completed with due care and skill, in accordance with the requirements of this article.
The financial guarantee required by this article shall be forfeited to the Town of Genesee upon motion duly adopted by the Town Board, upon the Town of Genesee Building Inspector finding any of the following conditions to exist on the property at the time that the work is required to be completed:
A. 
Damage has been done to Town roads or ditches during the course of construction and said damage has not been repaired in a satisfactory manner.
B. 
There are outstanding fees, costs, or assessments due and owing to the Town of Genesee.
C. 
A building permit was required for new construction as described in § 319-4 above and the building was occupied prior to the issuance of an occupancy permit.
D. 
The construction included work for which a culvert should have been installed in accordance with Town of Genesee ordinances but the culvert was not installed, or was installed but not in compliance with the requirements of the ordinance.
E. 
The construction on the property has resulted in the ponding of water or a drainage condition which adversely affects neighboring lands or has given rise to related stormwater drainage concerns which have not been adequately addressed.
F. 
The construction has disturbed the previously existing topography and the disturbed areas have not been stabilized or do not have established vegetation or landscaping.
Any cash bond provided to the Town pursuant to this article, less any amount forfeited as described in § 319-5 above, shall be returned to the person, corporation or organization that provided the cash bond upon a determination being made by the Town Building Inspector that all of the issues identified in § 319-5 above have been properly addressed and an occupancy permit, if applicable, has been issued.
As used in this article, the following terms shall have the meanings indicated:
OCCUPANCY PERMIT
An occupancy permit issued by the Town of Genesee.
OCCUPY
A building shall be considered to be occupied for the purposes of this article if it appears to the satisfaction of the Town of Genesee Building Inspector that any personal property, other than that absolutely necessary for construction of the building, has been moved into the building or that any person, at any time, has used the building in the manner in which it is intended to be used upon completion.
In addition to, and not to the exclusion or prejudice of, the specific penalties provided in this article, each violation of any provision of this article shall be subject to the penalties and remedies described in Chapter 1, General Provisions, Article I, General Penalty, of this Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).