Village of Monticello, WI
Green County
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Table of Contents
Table of Contents
(a) 
General powers. Officers shall have generally the powers and duties prescribed for like officers of towns and villages, except as otherwise provided, and such powers and duties as are prescribed by law and except as to the Village resident, shall perform such duties as shall be required of him by the Village Board. Officers whose powers and duties are not enumerated in Chapter 61 of the Wisconsin Statutes, shall have such powers and duties as are prescribed by law for like officers or as are directed by the Village Board.
(b) 
Rules. All officers and departments may make the necessary rules for the conduct of their duties and incidental proceedings.
(c) 
Applicability of Ethics Statutes. The general laws for the punishment of bribery, misdemeanors and corruption in officer, shall apply to Village officers.
(d) 
Legal representation. Whenever a Village official in their official capacity proceeded against or obliged to proceed before any civil court, board or commission, to defend or maintain their official position, or because of some act arising out of the performance of their official duties, and they have prevailed in such proceedings, or the Village Board has ordered the proceedings discontinued, the Board may provide for payment to such official such sum as it sees fit, to reimburse them for the expenses reasonably incurred for costs and attorney's fees.
(a) 
Consolidated offices. Pursuant to §§ 61.195, 61.197 and 66.0501 of the Wisconsin Statutes, the Village hereby elects not to be governed by those portions of §§ 61.19, 61.23 and 61.25(2), Wis. Stats., which relate to the selection and tenure of the Clerk and Treasurer, and which are in conflict with this section.
(b) 
Appointment. There is hereby created the office of Village Clerk-Treasurer, who shall be appointed by a majority vote of the members of the Village Board. The Village Clerk-Treasurers shall hold office for an indefinite term, subject to removal as provided by law.
(c) 
Duties. The Village Clerk-Treasurer shall perform the statutory duties of Village Clerk and Treasurer and such other duties as required by the Village Board. (Charter Ordinance.)
The Village President may appoint a Deputy Clerk-Treasurer, subject to confirmation by a majority of all the members of the Village Board. The Deputy Clerk-Treasurer shall have an indefinite term of office. The Deputy Clerk-Treasurer shall act under the Village Clerk-Treasurer's direction and, during the temporary absence or disability of the Village Clerk-Treasurer or during a vacancy in such office, shall perform the duties of Village Clerk-Treasurer. The acts of the Deputy shall be covered by official bond as the Village Board shall direct.
(a) 
Appointment. The Village Attorney is an appointed position. The Village President shall at the organizational meeting in April appoint a Village Attorney, subject to confirmation by a majority of the members of the Village Board. The Village Attorney shall serve at the pleasure of the Board.
(b) 
Duties. The Village Attorney shall have the following duties:
(1) 
The Village Attorney shall conduct all of the legal business in which the Village is interested.
(2) 
He shall, when requested by Village officers, give written legal opinions, which shall be filed with the Village.
(3) 
He shall draft ordinances, bonds and other instruments as may be required by Village officers.
(4) 
He may appoint an assistant, who shall have power to perform his duties and for whose acts he shall be responsible to the Village. Such assistant shall receive no compensation from the Village, unless previously provided by ordinance.
(5) 
Village Board may employ and compensate special counsel to assist in or take charge of any matter in which the village is interested.
(6) 
The Village Attorney shall perform such other duties as provided by State law and as designated by the Village Board.
(a) 
Appointment.
(1) 
The Chief of Police shall be appointed by a majority vote of the members of the Village Board for an indefinite term, subject to removal by a 2/3 vote of the members of the Board, pursuant to the procedures established in § 61.65(1)(am), Wis. Stats. The Chief shall exercise the powers and duties of Village marshals and Village constables and any other powers and duties prescribed by the Village Board, Village Ordinances or the Wisconsin Statutes. Upon a vacancy, the ranking officer shall temporarily replace the Chief until the vacancy is filled by the Village Board.
(2) 
The compensation to be paid the Chief of Police for his services, the hours of active duty, rest days, vacation periods and other involvement of his employment shall be such as may be determined by the Village Board from time to time.
(b) 
General duties.
(1) 
The Chief of Police shall have command of the Police Department. He shall have general administration and control of the Department and shall be responsible for the Departments government, efficiency and general good conduct. He shall perform all duties prescribed to him by the laws of the State and the Ordinances of the Village and shall obey all lawful written orders of the Village Board or appropriate Committee thereof.
(2) 
The Chief of Police shall cause the public peace to be preserved and may arrest and with reasonable diligence take before the proper court every person found in the village engaged in any disturbance of the peace or violating any law of the State or Ordinance of the Village. The Chief shall cooperate with other law enforcement officers in the arrest or apprehension of person charged with crime. He shall see that all laws and ordinances of the Village and State are enforced. Whenever any violation thereof shall come to his knowledge, he shall cause the requisite complaint to be made and see that the evidence is procured for the successful prosecution of the offender or offenders. He shall exercise supervisory control over all the personnel of his department and may adopt, subject to the approval of the Village Board, rules and regulations for e government, discipline, equipment and uniforms of the police officers. He shall be solely responsible for the care and condition of the equipment used by his Department. He shall keep an accurate and complete record of all complaints, arrests, traffic violations, convictions and dispositions of the Department.
(a) 
Appointment. The Fire Chief of the Village of Monticello and Towns of Mount Pleasant and Washington shall be elected by the members of the Fire Department, subject to confirmation of the Fire Board, and shall hold office for a term of one year or until his successor is elected and qualified unless sooner removed for cause by action of 3/4 of the members of the Fire Board. He shall be the Village Fire inspector by virtue of his office. He may appoint an inspector to do this job if approved by the Fire Board.
(b) 
Powers and duties of Chief.
(1) 
The Chief shall have general supervision of the Department, subject to this chapter and the bylaws of the department and shall be responsible for the personnel and general efficiency of the Department.
(2) 
It shall be the duty of the Chief to preside at all meetings of the Department, to call special meetings, to preserve order, to decide all points of order that may arise and to enforce a rigid observance of this Ordinance and the bylaws.
(3) 
It shall be the duty of the Chief or ranking officer of the Department to be present at all fires, to have complete command of and entire responsibility for all fighting operations, to plan the control of the same, to direct the action of the company when they arrive at a fire, to observe that the Department does its duty, to grant leaves of absence at a fire when he may deem it proper and to see that the fire apparatus is kept in proper condition at all times.
(4) 
He shall enforce all fire prevention ordinances of this Village 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.
(5) 
He shall keep a fire record book of every fire to which the Department was called and shall enter in such book the locality of fire, time alarm was received, cause of fire, where fire started, cause of delay (if any) in responding, method of extinguishment and equipment used, amount of insurance carried on building and contents, estimated fire loss, time fire was extinguished, names of men responding and general remarks.
(6) 
It shall be the duty of the Fire Chief to submit a written report to the Fire Board not later than August 1st of each year, and at such other times as he deems desirable, relating to:
a. 
Condition of each piece of apparatus and equipment.
b. 
Number of fires occurring since the previous report and the loss occasioned thereby.
c. 
Number of members of the company and total number of active members in the Department, resignations and expulsions from the Department.
d. 
Drill and training program of the Department.
e. 
Other pertinent information, including recommendations of such improvements as he deems proper and necessary for the operation of the Department.
The Weed Commissioner shall be appointed by the Village President, subject to Village Board confirmation. The term of office of the Weed Commissioner shall commence on the first day of May following his appointment. The Weed Commissioner shall take the official oath, which oath shall be filed in the Office of the Village Clerk-Treasurer and shall hold office for one year. The Weed Commissioner shall hold office pursuant to and fulfill the duties set out in state law.
[Amended by Ord. No. 2014-1119]
The former street department and utility department are merged into a single department to be hereafter known as the public works department under the general supervision of a the Public Works Director.
(a) 
Appointment. Public Works Director shall be appointed by a majority vote of the members of the Village Board.
(b) 
Term. The Public Works Director shall have an indefinite term of office.
(c) 
Duties and powers. It is the duty of the Public Works Director to carry out the basic function and specific responsibilities set forth in the position description for such position, which is on file with the clerk/treasurer, and any such statutory responsibilities supplementary thereto.
[Omitted by Ord. No. 2014-1119]
(a) 
Pursuant to §§ 61.195, 61.197 and 66.0101 of the Wisconsin Statutes, the Village hereby elects not to be governed by those portions of §§ 61.19 and 61.23 of the Statutes which relate to the selection and tenure of the Village Assessor, and which are in conflict with this section (Charter Ordinance).
(b) 
Hereafter, instead of being elected, the Assessor or assessing firm, shall be appointed by the Village President, subject to continuation by a majority vote of the members-elect of the Village Board. A corporation or an independent contractor may be appointed as the Village Assessor. The corporation or independent contractor so appointed shall despite 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. No person may be designated by any corporation or independent contractor unless he has been granted the appropriate certification under § 73.09, Wis. Stats. For purposes of this Subsection, "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.
(c) 
The Assessor shall have an indefinite term of office, subject to removal under § 17.14(1), Wis. Stats.
The Village Board convened in legal session hereby abolishes the Village of Monticello Municipal Court system effective May 1, 1992, with all citations to be written to Green County Circuit Court for prosecution.
(Reserved for future use)
(a) 
Qualifications.
(1) 
There are created the positions of Building Inspector; Electrical Inspector; Heating, Ventilating and Air Conditioning (HVAC) Inspector; and Plumbing Inspector.
(2) 
Each Inspector shall:
a. 
Be of good moral character;
b. 
Possess such executive ability as is requisite for the performance of his duties and shall have a thorough knowledge of the standard materials and methods used in the installation of equipment in his area of responsibility;
c. 
Be well versed in approved methods of construction for safety to persons and property, the Statutes of the State of Wisconsin relating to work in his area of responsibility, and any orders, rules and regulations issued by authority thereof;
d. 
Have sufficient experience in the installation of equipment to enable him to understand and apply the appropriate codes adopted by the Village of Monticello.
(3) 
a. 
Each Inspector shall be certified by the State of Wisconsin in his area of responsibility;
b. 
The Building Inspector shall be certified by the Wisconsin Department of Industry, Labor and Human Relations to administer and enforce all the provisions of the Wisconsin Uniform Dwelling Code.
c. 
The Electrical Inspector and his assistant inspectors shall be certified by the State of Wisconsin as electrical inspectors.
(b) 
Appointment and general powers.
(1) 
The Village President shall appoint a Plumbing Inspector, Electrical Inspector, HVAC Inspector and Building Inspector, subject to confirmation by a majority of the members of the Village Board. He shall have an indefinite term of office.
(2) 
Each Inspector shall enforce the provisions of this Code of Ordinances and all other ordinances and laws and orders of the State of Wisconsin which relate to building construction, plumbing, HVAC and electrical installations, subject to the respective authority of each Inspector as set forth in this section and other Chapters of the Village Code of Ordinances.
(3) 
For the purposes described above, each Inspector may, at all reasonable times, enter buildings and premises. Inspectors may pass upon any questions arising under the provisions of this Code of Ordinances relating to their areas of responsibility. No person shall interfere with an Inspector while in the performance of his official duties.
(4) 
Any person feeling himself aggrieved by any order or ruling of an Inspector may, within 20 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.
(5) 
Each Inspector shall be subject to removal from office during his term for cause after a hearing by the Village Board.
(c) 
May employ additional assistants. Each Inspector may employ, subject to approval of the Village Board, any assistant inspectors and clerical assistants necessary for the proper conduct of his office and the inspection of installations in his area of responsibility. Such assistants shall be paid from the amounts due to the appropriate Inspector as provided in Subsection (c) hereof.
(d) 
Electrical Inspector or assistants not to be in electrical business. The Electrical Inspector and his assistant inspectors shall not engage in the sale, installation or maintenance of electrical equipment, either directly or indirectly, and they shall have no financial interest in any concern engaged in such business in the Village at any time while holding such office as herein provided.
(e) 
Authority to enter premises.
(1) 
In the discharge of their respective duties, each Inspector under this section or his authorized agent may enter any building, upon presentation of the proper credentials, during reasonable hours for the purpose of inspection and may require the production of any permit or license required hereunder. No person shall interfere with the Inspector or his authorized agent while in the performance of his duties; and any person so interfering shall be in violation of this section and subject to a penalty as provided by § 1-1-6.
(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 or inspection purposes has been denied, the Inspector shall obtain a special inspection warrant under §§ 66.0119(1) and 66.0417, Wis. Stats.
(f) 
Duties and authority. The Inspectors shall have such duties as are prescribed in this section and Title 14 of this Code of Ordinances.
(g) 
Records.
(1) 
Inspectors shall keep a record of all applications for permits and regularly number each permit in the order of issuance. They shall keep a record showing the number, description and size of all buildings erected during their terms of office, indicating the kind of materials used, the cost of each project and the aggregate cost of all buildings and the various classes. They shall keep a record of all inspections made and a record of all fees collected by them showing the date of their receipt and transfer to the Village Clerk-Treasurer.
(2) 
The Plumbing Inspector shall make such reports to the Department of Health and Social Services as are required under § 145.04(3), Wis. Stats.
(3) 
The Plumbing Inspector shall keep a record of all sewer and water connections and shall make maps showing the locations of the same and the positions of all house drains, connections, junctions and other data necessary for the efficient operation of his office.
(h) 
Stop work orders and revocations. Each 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 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. The Village President shall appoint a Health Officer, subject to confirmation by the Village Board. 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 and Social Services. If the Health Officer is not a physician, the Board of Health 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 thereof. The Health Officer shall serve an indefinite term of office.
(b) 
Vacancy. If a vacancy in the position of Health Officer occurs, the Village President shall immediately appoint a person to 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 Village Board by the Health Officer, and if the Board 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 Village Board such sanitary measures, to be executed by the Village as seem necessary, and shall discharge such other duties as may be imposed upon by the Board by ordinance or resolution.
(a) 
No person shall be elected by the people to a Village office, who is not at the time of his election, a citizen of the United States and of this State, and an elector of the Village, and in case of a ward office, of the ward, and actually residing therein.
(b) 
An appointee by the Village President, requiring to be confirmed by the Village Board, who shall be rejected by the Board, shall be ineligible for appointment to the same office for one year thereafter.
(a) 
Requirement. Within five days after the election or appointment of any Village officers, the Village Clerk-Treasurer shall notify the person so selected thereof. Every person elected or appointed to the office of Village President, Trustee, and Clerk-Treasurer shall within five days after election or notice thereof, when required, take and file the official oath.
(b) 
Form, procedure. The form, filing and general procedure for the taking of oaths shall be governed by Ch. 19, Subchapter I, Wis. Stats.
(a) 
How occurring. Except as provided in Subsection (c) below, vacancies in elective and appointive positions occur as provided in §§ 17.03 and 17.035, Wis. Stats.
(b) 
How filled. Vacancies in elective and appointive offices shall be filled as provided in § 17.24, Wis. Stats.
(c) 
Temporary incapacitation. If any officer be absent or temporarily incapacitate from any cause, the Board may appoint some person to discharge his duties until he returns or until such disability is removed.
(a) 
Elected officials. Elected officials may be removed by the Village Board as provided in §§ 17.13(2) and 17.16, Wis. Stats.
(b) 
Appointed officials. Appointed officials may be removed as provided in §§ 17.13(1) and 17.16, Wis. Stats.
Village officers must observe the standards of care imposed by § 19.21, Wis. Stats., with respect to the care and custody of official property.
Every officer shall, if required by law or the Village Board, upon entering upon the duties of his office, give a bond in such amount as may be determined by the village Board with such sureties as are approved by the Village President, conditioned upon the faithful performance of the duties of his office. Official bonds shall be filed with the office the Village Clerk-Treasurer. Any person re-elected or re-appointed to the same office shall take and file an official bond or each term of service.