Village of Hobart, WI Article XII Appeals

§ 237-71 Review of administrative determinations.

Any person having a substantial interest which is adversely affected by an administrative determination of the Village or any agent thereof, may have such determination reviewed or provided for herein. Only administrative determinations described in § 68.02, Wis. Stats., as amended from time to time, are subject to review under this article. Notwithstanding anything to the contrary contained herein, any determinations involving sewer service charges (or any component thereof), application fees, connection fees, or any other fees or costs due under this chapter are not subject to review hereunder. Further, any determinations involving the levying and assessment of special assessments or any of the determinations described in § 68.03, Wis. Stats., are not subject to review hereunder.

§ 237-72 Procedure for review.

A person satisfying the requirements of § 237-71 hereof shall first make a written request to the Village for a review and administrative determination, which request shall be submitted to the Village within 15 days following the determination in question. The request shall be in writing, shall state the name and address of the person seeking the review, shall describe the circumstances surrounding the determination and shall state the grounds upon which such person contends that the determination should be modified or reversed.

§ 237-73 Hearing.

Upon receipt of a request for review under § 237-71, the person seeking the review shall have a hearing before the Village, provided the provisions of § 237-74 are satisfied. The hearing shall be held at a time and place determined by the Village Board within 30 days from the date of receipt of the request. The Village shall notify such person by mail or personal service at least 10 days before such hearing of the time and place of the hearing. Except as otherwise provided for herein, the hearing shall be conducted in accordance with § 68.11(2), Wis. Stats., as amended from time to time.

§ 237-74 Costs. [1]

Any request for review to the Village Board under § 237-72 hereof shall be accompanied by a nonrefundable review fee in an amount as set from time to time by resolution of the Village Board. In the event the person seeking review desires the hearing proceedings to be taken by a stenographer or by a recording device, the expense thereof shall be paid by the person seeking the review.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

§ 237-75 Decision and appeal.

Within 30 days of completion of the hearing under § 237-73 hereof and the filing of briefs, if any, the Village Board shall make its written determination on the request for review. Such determination shall be mailed or delivered to such person at the address set forth in the request for review. The decision of the Village Board may be subject to judicial review under § 68.13, Wis. Stats., as amended from time to time, in the manner provided therein.

§ 237-76 Application of Chapter 68 of the Wisconsin Statutes.

Except as to those specific statute sections expressly incorporated herein, the Village elects not to be governed by any other provisions of Ch. 68, Wis. Stats., as amended.

§ 237-77 Costs.

In the event the Village Board does not modify or reverse the administrative determination in question following the hearing thereon, or in the event the administrative determination is sustained on appeal under § 68.13, Wis. Stats., then in either of such events the person who has sought the review shall reimburse the Village for all hearing and costs incurred, including, but not limited to, reasonable attorneys' fees.