The Town Board of the Town of Fulton has the
specific authority, powers and duties, pursuant § 60.22
and Ch. 90, Wis. Stats., to act as fence viewers and, in addition,
to take the action as a fence viewer as authorized by Ch. 90, Wis.
Stats.
The Town Board of the Town of Fulton has, by
adoption of this article, confirmed the specific statutory authority,
powers and duties noted above in Chs. 60 and 90, Wis. Stats., and
has established pursuant to these chapters and this article the powers
and duties of the Town Board of the Town of Fulton related to a procedure
for appointment of fence viewers, related to the process for fence
viewing and related to the dollar amounts required to reimburse the
costs and expenses incurred by the fence viewers in the Town of Fulton.
The members of the Town Board of the Town of
Fulton may act as fence viewers and shall comply with Ch. 90, Wis.
Stats. Written decisions and orders of the Town of Fulton fence viewers
shall be filed with the Town Clerk/Treasurer of the Town of Fulton
within 10 days of the decision and order of the fence viewers.
A.
If no conflict of interest exists, the Town Chair
of the Town of Fulton shall appoint two members of the Town Board
who shall act as fence viewers in a division of a partition fence
action when all lands lie in the Town of Fulton. If the appointed
members have a conflict of interest or either refuses to serve, the
Town Chair shall appoint another member of the Town Board of the Town
of Fulton. If the lands lie within the Town of Fulton and another
town, then the Town Chair of the Town of Fulton or his appointee,
if no conflict of interest exists, shall act as the fence viewer for
the Town of Fulton.
B.
Upon application by a landowner, the fence viewers
should make a decision and order, pursuant to § 90.07, Wis.
Stats. The decision and order shall be filed with the Town Clerk/Treasurer
of the Town of Fulton, and the Town Clerk/Treasurer of the Town of
Fulton should record the decision and order, within 10 days of receipt
of the decision and order, with the Register of Deeds in the appropriate
county where the lands under partition are located.
A.
The individual fence viewer is entitled, pursuant
to § 90.15, Wis. Stats., to fees and expenses for services
rendered as a fence viewer under Ch. 90, Wis. Stats. The fence viewer's
fees and expenses shall be set forth in a schedule on record with
the Town Clerk/Treasurer, as established by the Board of the Town
of Fulton.
B.
Failure of either party to pay its share of the total
amount charged by the two fence viewers within 30 days after the services
are performed shall allow the fence viewer to receive double the amount
due from the delinquent party, plus the Town of Fulton can charge
back as a special assessment on the real estate tax bill any delinquency.
