[HISTORY: Adopted by the Village Board of the Village of Shorewood 4-7-1986
by Ord. No. 1477 as § 1-126 of the 1986 Code. Amendments
noted where applicable.]
Pursuant to the provisions of § 68.16, Wis. Stats., the Village of Shorewood elects not to be governed by Ch. 68, Wis. Stats., in respect to any administrative determination by the Village Board, or any board, commission, committee, agency, officer or employee of the Village, or any agent acting on behalf of the Village, where, pursuant to an existing ordinance or an ordinance adopted after the effective date of this chapter, a procedure is provided by said ordinance for administrative review of the determination.
Pursuant to the provisions of § 68.11(2), Wis. Stats., the Board of Appeals of the Village of Shorewood is hereby designated and appointed "impartial decision maker" to act in such capacity in all proceedings brought pursuant to Ch. 68, Wis. Stats.
A.
Notice of hearing.
(1)
In proceedings involving review or appeal of administrative determinations which are reviewable under the provisions of Ch. 68, Wis. Stats., a notice of hearing shall be served upon the aggrieved party specifying the date, time and place of such hearing, which shall not be less than 10 days after the service of the notice. Service may be made in the manner a summons is served in a civil action or by mailing by certified mail a copy of the notice to the aggrieved party at the last known address of said party. If served by mail, service shall be considered as having been made the day after mailing.
(2)
Such notice of hearing shall specify the basis or reasons for
the administrative determination sought to be reviewed or appealed and shall
inform the aggrieved party that evidence will be taken at such hearing as
may be presented and that the aggrieved party shall have the right to:
(a)
Attend said hearing in person and/or by counsel;
(b)
Confront sworn witnesses under oath;
(c)
Cross-examine witnesses;
(d)
Present evidence and testimony in behalf of the aggrieved
party;
(e)
Present witnesses under oath; subpoenas shall be issued
by the Village Clerk upon application made to him;
(f)
Argue on the law and facts;
(g)
At the expense of the aggrieved party, have the testimony
taken verbatim by a stenographic reporter or, at the option of the Village,
by a recording device and preserved, if he has made a request, in writing,
filed with the Village Clerk not less than three days prior to the hearing.
In case the request is submitted for the taking of testimony, the aggrieved
party shall deposit with the Village the sum of $50 to ensure payment by him
of the cost of the taking of such testimony. If such cost is less than $50,
the difference shall be refunded, and, if more, the aggrieved party shall
pay the difference to the Village Treasurer.
B.
The hearing may be adjourned from time to time.
C.
After such hearing the decision of the impartial decisionmaking
body shall be based on the evidence adduced at the hearing; provided, however,
that if the aggrieved party fails to appear at the hearing, the impartial
decisionmaking body may consider the reasons set forth in the notice of hearing
as the basis for affirming the administrative decision without taking further
testimony.
D.
The impartial decisionmaking body must make written findings
of fact and file a written decision, a copy of which shall be forwarded to
the aggrieved party within 30 days after said hearing has been concluded.
