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Town of Rome, WI
Adams County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Rome as Sec. 2.04 of the prior Code. Amendments noted where applicable.]
At the annual spring election in odd-numbered years, the Town shall elect a Chairperson and two Supervisors. At the annual spring election in even-numbered years, the Town shall elect two Supervisors. Existing terms of office are to expire and new terms of office are to begin the third Tuesday in April of the year the office is up for election.
Pursuant to § 60.10, Wis. Stats. the Town has abolished the office of constable.
A. 
Elected. The Judge shall be elected, at large, at the spring election held in even-numbered years for a term of four years. The term of office will begin on May 1 following the spring election in even-numbered years. The Judge shall receive such compensation as determined by the Town Board, which shall be in lieu of fees and costs. No compensation shall be paid to the Judge for any time during the term for which the official bond and oath have not been executed and filed. No compensation shall be paid for any day for which court is scheduled to be in session for which the Judge is not in attendance. Where possible, two weeks' advance notice of an off day or off days shall be submitted in writing to the Town Attorney and the Town Police Chief. The Judge must be licensed to practice law in the State of Wisconsin and must be an adult resident of the Town.
B. 
Duties.
(1) 
The Judge shall execute and file with the Town Clerk/Treasurer the oath prescribed by § 757.02(1), Wis. Stats., and a bond in the penal sum of $2,000.
(2) 
The judge shall have the power and duties of a municipal court judge as provided for in Chapters 755 and 800, Wis. Stats.
(3) 
The Judge shall have jurisdiction as provided in §§ 755.045 and 800.01, Wis. Stats., and exclusive jurisdiction of violations of Town ordinances, except as provided by § 755.045(1)(a) and (b), Wis. Stats.
(4) 
The Judge may, in addition to any fine or penalty that may be imposed by law for any violation of a Town ordinance, impose forfeiture and/or jail time not to exceed seven days for contempt as provided in § 800.12, Wis. Stats.
A. 
Appointment. The Town Board shall appoint the Assessor.
B. 
Duties. The Assessor is to discover, list and value all taxable real and personal property within the taxation district. It is the Assessor's responsibility to ensure that parcels within the district are valued uniformly. The Assessor shall perform any other duties mandated to such position by Wisconsin law.
A. 
Appointment. There is hereby created the position of Building Inspector, who shall be appointed by the Town Board. The Inspector shall have an indefinite term of office. The Building Inspector shall be fully certified by the State of Wisconsin to enforce one- and two-family Building Dwelling Codes and other Town building ordinances.[1]
[1]
Editor's Note: See Ch. 142, Building Construction.
B. 
Duties.
(1) 
The Building Inspector shall enforce the Town's building and housing codes and all other ordinances, laws, and orders of the Town and state which relate to building construction, alteration, and repair.
(2) 
The Building Inspector shall make all inspections necessary for compliance and enforcement of the Building Code.
(3) 
The Building Inspector shall have the power to order all work stopped on construction, alteration, or repair of buildings in the Town when such work is being done in violation of any Town ordinance. Work shall not be resumed after the issuance of such an order, except on written permission of the Building Inspector.
(4) 
The Building Inspector shall issue or cause to be issued all proper permits for such work after payment of the fees required therefor. The Inspector shall process all applications, make all inspections, and have the authority to issue or cause to be issued a certificate of final inspections.
(5) 
The Building Inspector shall assist the Town in the enforcement of its authority for razing buildings as provided for in § 66.0413, Wis. Stats.
A. 
Appointment. The Office of Town Attorney is an appointed position. The Town Attorney shall be appointed by the Town Board and shall serve at the pleasure of the Town Board.
B. 
Duties.
(1) 
Except as provided for in Subsection B(5) hereafter, the Town Attorney shall conduct all of the legal business in which the Town is interested.
(2) 
The Town Attorney shall, when requested by the Town Board, give written legal opinions, which shall be filed with the Town Clerk/Treasurer.
(3) 
The Town Attorney shall draft ordinances; the Town Board may request bonds and other instruments as required.
(4) 
The Town Attorney may appoint an assistant, who shall have power to perform duties and for whose acts the Town Attorney shall be responsible to the Town. Such assistant shall receive no compensation from the Town, unless previously authorized by the Town Board.
(5) 
The Town Board may employ and compensate special counsel to assist in or take charge of any matter in which the Town is interested.
(6) 
The Town Attorney shall perform such other duties as provided by state law and as designated by the Town Board.
A. 
Appointment.
(1) 
The Town Board shall appoint a Town Administrator.
(2) 
Compensation for the Town Administrator shall be at the discretion of, and shall be the responsibility of the Town Board.
B. 
Duties. The Town Administrator shall perform the following duties:
(1) 
As the Town's Chief Administrative Officer, the Town Administrator is responsible for the executive management of the Town's day-to-day operations, including supervision and directing of all subordinate department heads and administrative staff. The Town Administrator shall serve as the Town Board's key point of contact for departmental activities, status of Town operations and projects.
(2) 
The Town Administrator shall execute Town Board policies, analyze and recommend alternative procedures for improved operating efficiency and service delivery, and assist with the proficiency of departmental efforts toward Town Board strategic goals.
(3) 
The Town Administrator shall oversee the preparation of meeting agendas and supporting documentation by the Town Clerk/Treasurer, with final approval to be made by the Town Chairperson.
(4) 
The Town Administrator shall represent the Town of Rome at external meetings, functions and events, serving as a liaison to governmental and civic organizations and committees, task forces, boards and commissions.
(5) 
The Town Administrator is responsible for the annual development and administration of the Town's budget, a capital improvement plan and a long-term financial plan as part of an overall strategic planning effort.
(6) 
The Town Administrator shall coordinate special projects for the Town of Rome, including planning, design, implementation and evaluation of allocation of financial, material and human resources committed to projects.
(7) 
The Town Administrator, together with legal counsel, shall assure Town compliance with Town ordinances and regulations as well as applicable Wisconsin statutes, federal laws and regulations.
A. 
Appointment:
(1) 
Pursuant to § 60.30(1e), Wis. Stats., the offices of Town Clerk and Town Treasurer are combined and filled through appointment by the Town Board.
(2) 
Compensation for the Clerk/Treasurer shall be at the discretion of, and shall be the responsibility of the Town Board.
B. 
Duties. The Town Clerk/Treasurer shall have such powers and perform such duties as prescribed by state law under § 60.33 and 60.34, Wis. Stats. In addition, the Town Clerk/Treasurer shall have certain additional general and specific duties, as directed by the Town Board or Town Administrator, not inconsistent with Ch. 60, Wis. Stats.[1]
[1]
Editor's Note: Original Section 2.04(9), Director of Public Safety, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 5-16-2019 by Ord. No. 19-07]
A. 
Appointment.
(1) 
The Chief of Police shall be appointed by the Police and Fire Commission (PFC). The Chief of Police shall hold office, subject to suspension or removal by the PFC pursuant to § 62.13(3), Wis. Stats.
(2) 
The compensation to be paid the Chief of Police for services, hours of active duty, rest days, vacation periods, and other involvement of his or her employment shall be determined by the Town Board. Pursuant to § 62.13(7), Wis. Stats., the Chief of Police's salary shall not be decreased without a recommendation from the PFC.
(3) 
Pursuant to § 62.13(5)(j), Wis. Stats., the provisions of pararagraphs (a) to (i) of said subsection (5) shall apply to the Chief of Police where applicable.
B. 
Duties:
(1) 
The Chief of Police shall have command of the Police Department. He/she or she shall report to the Town Administrator. He/she or she shall perform all duties prescribed to the Chief of Police by the laws of the state, ordinances of the Town and policies and procedures as shall from time to time be applicable to the operation of the Department.
(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 Town engaged in any disturbance of the peace or violating any law of the state or ordinance of the Town. The Police Chief shall cooperate with other law enforcement officers in the arrest or apprehension of persons charged with crime. Whenever any violation thereof shall come to his or her knowledge, the Chief of Police may cause the requisite complaint to be made and see that the evidence is procured for the successful prosecution of the offender or offenders. The Chief of Police shall be responsible for the efficiency and general good conduct of the Department and shall assure that the Department is operated consistent with all applicable laws, rules, regulations, policies and procedures.
(3) 
The Chief of Police shall ensure that the Department keeps a suitable record in which shall be entered the name of every person arrested in the Town, the name of the person making the arrest, the date and the cause of the arrest, the court from which the warrant was issued, the disposition made of the case, the amount of fine and costs paid and to whom paid, bond posted, and all complaints in full.
(4) 
Pursuant to § 62.13(4)(a), Wis. Stats., the Chief of Police shall appoint subordinates subject to approval by the PFC. Such appointments shall be made by promotion, when this can be done with advantage; otherwise, from the eligible list provided by the PFC. Such list shall be determined as provided in § 62.13(4), Wis. Stats.
(5) 
The Chief of Police shall keep records containing all information received of offenses committed or of suspicious persons or places and the entries of offenses committed shall include those applicable but not limited to the following: the hour, place and manner in which the offense was committed; the property which might have been stolen, enumerating the articles; the name and residence of the owner (if known); and the name of the police officer on duty at the time the offense was committed.
(6) 
The Police Department shall assist in the investigation of any fire, which, in the opinion of the Fire Chief, is of suspicious origin.
(7) 
The Chief of Police shall submit a monthly report to the Town Administrator, Town Board and Police and Fire Commission of all activities and transactions of the department during the preceding month.
(8) 
The Chief of Police shall submit an annual report to the Town Administrator, Town Board and Police and Fire Commission. It shall contain all such statistics as the Chief of Police may wish to include therein. The Chief of Police shall also recommend any amendments to the Code, which, in his or her judgment, shall be necessary and appropriate.
(9) 
The Chief of Police shall establish and promulgate Rules of Conduct, Directives, Policies and Procedures and prescribe such duties for individual members as he/she or she may deem necessary for the effective and efficient command and operation of the Department, provided no such Rules of Conduct, Directive or Policy Procedure duties or assignment shall be in conflict with the statutes, ordinances and approved Town personnel rules and regulations.
(10) 
The Chief of Police is responsible for the training of all members of the Department. He/she shall cause adequate and progressive programs of training to be organized and conducted to prepare Department members in the knowledge, procedures, and, techniques of their duties and responsibilities. The Chief of Police will ensure that, within budgetary limitations, members of the Department attend training courses, seminars, and conferences necessary to maintain and improve their job skills and professional knowledge. The Chief of Police shall encourage Department members to further their education in law enforcement through study, special courses, college attendance, extension programs, and independent readings. Officers shall file with the Chief of Police confirmation of attendance forms.
(11) 
The Chief of Police shall cause to be maintained adequate personnel records of employment, assignment, promotions, attendance, performance and training for all members of the Department. The Chief of Police shall also comply with all provisions of the Law Enforcement Standards Board in regard to background investigations. The Chief of Police shall keep adequately informed of the activities of the Department and be assured that the duties of subordinates are properly discharged. The Chief of Police shall formulate procedures for recognizing outstanding performance by Department members, for investigating complaints of misconduct by any Department member and for taking appropriate disciplinary action subject to the provisions of the applicable statutes and Rules of the Department.
[Amended 5-16-2019 by Ord. No. 19-07]
A. 
Appointment.
(1) 
The Fire Chief shall be appointed by the PFC. The Fire Chief shall hold office, subject to suspension or removal by the PFC pursuant to § 62.13(3), Wis. Stats.
(2) 
The compensation to be paid the Fire Chief for services, hours of active duty, rest days, vacation periods, and other involvement of employment shall be determined and by the Town Board. Pursuant to § 62.13(7), the Fire Chief's salary shall not be decreased without a recommendation from the PFC.
B. 
Duties.
(1) 
The Fire Chief shall have command of the Fire Department. He/she or she shall report to the Town Administrator. He/she or she shall perform all duties prescribed to the Fire Chief by the laws of the state, ordinances of the Town and policies and procedures as shall from time to time be applicable to the operation of the Department.
(2) 
It shall be the duty of the Fire 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 Code and the Department's rules.
(3) 
It shall be the duty of the Fire Chief to be present at as many fires as possible, to have complete command of entire responsibility for all firefighting operations, to plan the control of the same, to direct the action of the companies when they arrive at a fire, to observe that every company does its duty, to grant leaves of absence at a fire when deemed proper and to see that the fire apparatus is kept in proper condition at all times.
(4) 
Pursuant to § 62.13(4)(a), Wis. Stats., the Fire Chief shall appoint subordinates subject to approval by the PFC. Such appointments shall be made by promotion, when this can be done with advantage; otherwise, from the eligible list provided by the PFC. Such list shall be determined as provided in § 62.13(4), Wis. Stats.
(5) 
The Fire Chief shall enforce all fire prevention ordinances of the Town 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.
(6) 
The Fire Chief shall keep a fire record, electronic or paper of every fire to which any company was called and shall enter in such record the name of the property owner, locality of fire, time alarm was received, cause of fire, where fire started, cause of delay (if any) in responding, method of extinguishments, equipment used, amount of insurance carried on building and contents, estimated fire loss, time fire was extinguished, names of members responding and general remarks.
(7) 
The Fire Chief shall establish and promulgate Rules of Conduct, Directives, Policies and Procedures and prescribe such duties for individual members as he/she or she may deem necessary for the effective and efficient command and operation of the Department; provided no such Rules of Conduct, Directive or Policy Procedure duties or assignment shall be in conflict with the statutes, ordinances and approved Town personnel rules and regulations.
(8) 
The Fire Chief or designee shall investigate the cause, origin, and circumstances of every fire occurring in the Town which is of suspicious nature or which involves loss of life or injury to persons or by which property has been destroyed or substantially damaged. Such investigations shall begin immediately upon the occurrence of such a fire, by the incident commander. If it appears the fire is of suspicious origin, the Fire Chief or designee shall immediately take charge of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters and shall further cooperate with authorities in the collection of evidence and in the prosecution of the case.
(9) 
The Fire Chief shall submit a monthly report to the Town Administrator, Town Board and Police and Fire Commission of all activities and transactions of the department during the preceding month.
(10) 
The Fire Chief shall oversee the records of all incidents involving Fire Department response. The officer in charge of the incident shall make each incident record upon returning to Fire Station Number 1.
(11) 
The Fire Chief shall submit an annual report to the Town Administrator, Town Board and Police and Fire Commission. It shall contain all such statistics as the Fire Chief may wish to include therein. The Fire Chief shall also recommend any amendments to the Code which, in his or her judgment, shall be necessary and appropriate.
A. 
Appointment.
(1) 
The Town Board shall appoint a Zoning Administrator.
(2) 
Compensation for the Zoning Administrator shall be at the discretion of, and shall be the responsibility of, the Town Board.
B. 
Duties. The following duties and responsibilities are normal for this position and are not to be construed as exclusive or all-inclusive. Other duties may be required as assigned.
(1) 
Provide necessary forms for applications for zoning permits;
(2) 
Issue zoning permits and conditional use permits where the provisions of the Town's ordinances have been complied with;
(3) 
When necessary, upon review of applications and issuance of permits or properly filed complaints, identify and record information relative to nonconforming uses and structures;
(4) 
Maintain files of applications, permits, and other relevant information;
(5) 
Maintain an Official Zoning Map for the Town of Rome and update it upon zoning changes.
(6) 
Maintain permanent and current records of Chapter 360, Zoning, and Chapter 326, Subdivision of Land, both of the Code of the Town of Rome, including, but not limited to, all maps, amendments, conditional uses, variances, nonconforming uses, appeals and applications therefor.
(7) 
Provide and maintain a public information service relative to all matters arising out of Chapter 360, Zoning, and Chapter 326, Subdivision of Land.
(8) 
Forward to the Plan Commission all relevant petitions for zoning amendments, conditional use permits and land divisions.
(9) 
Forward to the Board of Appeals applications for appeals, variances or other matters on which the Board of Appeals is required to pass under Chapter 360, Zoning.
(10) 
At any reasonable time and for any proper purpose, enter with permission of the owner or occupant upon any public or private premises and make inspection thereof to determine compliance with the provisions of Chapter 360, Zoning, and Chapter 326, Subdivision of Land.
(11) 
Upon reasonable cause of question as to proper compliance, to revoke any zoning permit and issue cease and desist orders requiring the cessation of any construction or use;
(12) 
Investigate all complaints made relating to the location of structures, the use of structures, lands and waters, giving notice of all violations of Chapter 360, Zoning, and Chapter 326, Subdivision of Land, to the owner, resident, agent or occupant of the premises, and report uncorrected violations to the Police Department and Town Attorney.
(13) 
Prohibit the use or erection of any structure, land or water until approved.
(14) 
Act as recording secretary for the Plan Commission and the Board of Appeals and assist such bodies in the performance of their duties.
[Amended 4-16-2020 by Ord. No. 20-05]
A. 
Appointment.
(1) 
The Town Board shall appoint a Director of Public Works.
(2) 
Compensation for the Director of Public Works shall be at the discretion of and shall be the responsibility of the Town Board.
B. 
Duties. The Director of Public Works shall perform the following duties:
(1) 
Supervise the construction and maintenance of all highways required to be maintained by the Town, and keep them passable at all times. Perform such other services as are reasonably necessary in connection with said highways.
(2) 
Supervise the maintenance of all Town parks, cemeteries and transfer sites.
(3) 
Supervise maintenance of all highway equipment.
A. 
Appointment. The Library Board shall appoint a Librarian. The Librarian shall appoint such other assistants and employees as the Library Board deem necessary, and prescribe their duties and compensation.
B. 
Duties. The Librarian shall perform the following duties:
(1) 
Act as the library's ex officio on the Library Board.
(2) 
Serve as the technical advisor to the Library Board.
(3) 
Implement the policies of the library as approved by the Library Board.
[Added 8-20-2020 by Ord. No. 20-15[1]]
A. 
Appointment.
(1) 
The Town Board shall appoint a Water Utility Director.
(2) 
Compensation for the Water Utility Director shall be at the discretion of and shall be the responsibility of the Town Board.
B. 
Duties. The Water Utility Director shall perform the following duties:
(1) 
Plan, direct and administer all programs and activities of the Rome Water Utility as required or as assigned by the Town Administrator.
(2) 
See that all rules and regulations adopted for the operation of the Water Utility are complied with and that all pertinent federal or state requirements which relate to the Water Utility are enforced.
(3) 
Supervise Water Utility office staff and personnel.
(4) 
Inspect and maintain Water Utility infrastructure and supplies in compliance with federal, state, and Town regulations and complete any monthly or annual filing necessary to indicate infrastructure is operational and in good working order.
(5) 
Oversee all construction projects, including expansion of the Water Utility.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 72-14, Town employees, and 72-15, Definitions, as §§ 72-15 and 72-16, respectively.
[Amended 4-16-2020 by Ord. No. 20-03]
The Town Board may employ, on a temporary or permanent basis, persons necessary to carry out the functions of Town government. The Town Board may establish the qualifications and terms of employment. The Town Board may delegate the authority to hire Town employees to any Town official or employee.
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. If not defined herein, the word, term or phrase shall have the definition commonly accepted including a relevant definition contained in the Wisconsin Statutes. When not inconsistent with the context, the words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory:
FINE
Shall be the equivalent of the word "forfeiture," and vice versa.
NONCONFORMING USE
Any building or land lawfully occupied by a use at the effective date of a Town ordinance or amendment thereto which does not conform after passage with the requirements of the ordinance or amendment.
OCCUPANT
Any person occupying or having use of a building, structure, premises of any part thereof.
OWNER
Includes the plural as well as the singular and may mean either a natural person, firm, association, partnership, private corporation, public or quasi-public corporation, or combination of these who shall hold title to a building, structure or property, or who shall be in actual possession of, or have charge, or control of building, structure, or property as agent of the title holder, or who shall be trustee or guardian of the estate or person of the title holder.
PARK
All grounds, structures and watercourses which are or may be located within any area dedicated to the public use as a park, parkway, public boat landing, public lake access, recreation facility or conservancy district in the Town.
PERSON
Includes a corporation, firm partnership, association, organization and any other group acting as a unit as well as individuals, including a personal representative, receiver or other representative appointed according to law. Whenever the term "person" is used in any section of this chapter prescribing a penalty or fine, as to partnerships or associations, the work shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of such section.
STRUCTURE
Anything constructed or erected, the use of which requires a more or less permanent location in or on the premises, or any other attachment to something having a permanent location on the ground, which includes, but is not limited to, objects such as buildings, mobile homes, gas or liquid storage tanks, bridges, culverts, decks, fences, satellite dishes or swimming pools.
TOWN
The Town of Rome, Adams County, Wisconsin, or any duly appointed designate thereof, including, but not limited to, the Town Board and Town committees.
TOWN BOARD or BOARD
The present governing body of the Town or any successors to the legislative power of said body, or any duly appointed designate thereof.
USE
The purpose or activity, for which the land or building thereof is designed, arranged or intended, or for which it is occupied or maintained.
USE, PERMITTED
A use which may be lawfully established in a particular zoning district or districts provided it conforms with all requirements, regulations, and standards of such district.
ZONING PERMIT
A permit issued by the Zoning Administrator that verifies that a specified use is permitted at the location and that the lot size and width requirements and the setback and yard requirements have been complied with. The zoning permit does not verify that structural components of a building comply with the Building Code. Such verification is typically certified by issuance of a building permit.