Chapter 68, Wis. Stats., Municipal Administrative Procedure, is hereinafter modified pursuant to the authority granted in § 68.16, Wis. Stats.
Purpose. The purpose of this section is to afford a constitutionally sufficient, fair and orderly administrative procedure and review in connection with determinations by Village authorities which involve constitutionally protected rights of specific persons which are entitled to due process protection under the 14th Amendment to the United States Constitution.
Review of administrative determinations. Any person having a substantial interest which is adversely affected by an administrative determination of a governing body, board, commission, committee, agency, officer or employee of a Village or agent acting on behalf of the Village as set forth in Subsection C below may have such determination reviewed as provided in this section. The remedies under this section shall not be exclusive. A department, board, commission, agency, officer or employee of the Village who or which is aggrieved may not initiate review under this section of a determination of any other department, board, commission, agency, officer or employee of the Village but may respond or intervene in a review proceeding under this section initiated by another.
Determinations reviewable. The following determinations are reviewable under this section:
The grant or denial in whole or in part after application of an initial permit, right, privilege, or authority, with the exception, however, of the granting or denial of a variance or any other decision of the Zoning Board of Appeals.
The suspension, revocation or nonrenewal of an existing permit, right, privilege, or authority
Determinations not subject to review. Except as provided in Subsection C above, the following determinations are not reviewable under this section:
A legislative enactment. A legislative enactment is an ordinance, resolution or adopted motion of the Village Board.
Any action subject to administrative or judicial review procedures under other statutes.
The denial of a tort or contract claim for money, required to be filed with the Village pursuant to statutory procedures for the filing of such claims.
Judgments and orders of a court.
Notwithstanding any other provision of this section, any action or determination of the Village which does not involve the constitutionally protected right of a specific person or persons to due process in connection with the action or determination.
Persons aggrieved. A person aggrieved includes any individual, partnership, limited liability company, corporation, association, public or private organization, officer, department, board, commission or agency of the Village whose rights, duties or privileges are adversely affected by a determination made pursuant to this section. No department, board, commission, agency, officer, or employee of the Village who or which is aggrieved by an administrative decision may initiate a review under this section of a determination of any other department, board, commission, agency, officer or employee of the Village. However, said department, board, commission, agency, officer or employee may respond to or intervene in a review proceeding under this section initiated by another.
Written determinations. If a determination subject to this section is made orally or, if in writing, does not state the reasons therefor, the Village making such determination shall, upon written request of any person aggrieved by such determination made within 10 days of notice of such determination, reduce the determination and the reasons therefor to writing and mail or deliver such determination and reasons to the person making the request. The determination shall be dated and shall advise such person of the right to have such determination reviewed, the time within which such review may be obtained, and the office or person to whom a request for review shall be addressed. For purposes of this section, a Village authority making a determination is defined to include the Village Board, Village Plan Commission, the Village Community Development Director and his/her employees or deputies.
Request for review of determination. Any person aggrieved may have a written or oral determination reviewed by written request mailed or delivered to the Village authority which made such determination within 30 days of notice to such person of such determination. The request for review shall state the basis or grounds upon which the person aggrieved contends that the decision should be modified or reversed. A request for review shall be made to the officer, employee, agent, agency, committee, board, commission or body who or which made the determination, but failure to make such request to the proper party shall not preclude the person aggrieved from review unless such failure has caused prejudice to the Village authority.
Review of determination.
Initial determination. If a request for review is made under Subsection G above, the determination to be reviewed shall be termed an "initial determination."
Who shall make review. A review under this section may be made by the officer, employee, agent, agency, committee, board, commission or body who or which made the initial determination. However, an independent review of such initial determination by another person, committee or agency of the Village may be provided by the Village.
When to make review. The Village shall review the initial determination within 15 days of receipt of a request for review. The time for review may be extended by agreement with the person aggrieved.
Right to present evidence and argument. The person aggrieved may file with the request for review or within the time agreed with the Village authority written evidence and argument in support of the person's position with respect to the initial determination.
Decision on review. The Village may affirm, reverse or modify the initial determination and shall mail or deliver to the person aggrieved a copy of the Village's decision on review, which shall state the reasons for such decision. The decision shall advise the person aggrieved of the right to appeal the decision, the time within which appeal shall be taken and the office or person with whom notice of appeal shall be filed.
Appeal of decision. Appeals from a decision shall be taken within 30 days of notice of such decision by filing with or mailing to the authority making the decision and to the Zoning Board of Appeals written notice of the appeal. The appeal shall be allowed by the Zoning Board of Appeals, however, only where the person aggrieved did not have a hearing substantially in compliance with § 68.11, Wis. Stats., when the initial determination was made.
Hearing on administrative appeal.
Time of hearing. The Village shall provide the appellant a hearing on an appeal under Subsection H(6) above within 45 days of receipt of the notice of appeal filed or mailed under Subsection H(6) above and shall serve the appellant with notice of such hearing by mail or personal service at least 10 days before such hearing.
Conduct of hearing. At the hearing, the appellant and the Village may be represented by an attorney and may present evidence and call and examine witnesses and cross-examine witnesses of the other party. Such witnesses shall be sworn by the person conducting the hearing before the Zoning Board of Appeals which shall make the decision on the administrative appeal. The decision maker may issue subpoenas. An appellant's attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in § 805.07(4), Wis. Stats., and must be served in the manner provided in § 805.07(5), Wis. Stats. The attorney shall, at the time of issuance, send a copy of the subpoena to the decision maker. The hearing may employ such other procedures as deemed applicable and appropriate and as set forth in Chapter 18, Article V of the Village Code.
Record of hearing. The person conducting the hearing or a person employed for that purpose shall take notes of the testimony and shall mark and preserve all exhibits. The person conducting the hearing may, and upon request of the appellant shall, cause the proceedings to be taken by a stenographer or by a recording device, the expense thereof to be paid by the Village.
Within 20 days of completion of the hearing conducted under Subsection I above and the filing of briefs, if any, the decision maker shall mail or deliver to the appellant its written determination stating the reasons therefor. Such determination shall be a final determination.
A determination following a hearing substantially meeting the requirements or a decision on review under this section following such hearing shall also be a final determination.
Any party to a proceeding resulting in a final determination may seek review thereof by certiorari within 30 days of receipt of the final determination. The court may affirm or reverse the final determination or remand to the decision maker for further proceedings consistent with the court's decision.
If review is sought of a final determination, the record of the proceedings shall be transcribed at the expense of the person seeking review. A transcript shall be supplied to anyone requesting the same at the requester's expense. If the person seeking review establishes impecuniousness to the satisfaction of the reviewing court, the court may order the proceedings transcribed at the expense of the Village, and the person seeking review shall be furnished a free copy of the transcript. By stipulation, the court may order a synopsis of the proceedings in lieu of a transcript. The court may otherwise limit the requirement for a transcript.
The seeking of a review pursuant to the section does not preclude a person aggrieved from seeking relief from the governing Village authority.
If in the course of legislative review under this subsection a determination is modified, such modification and any evidence adduced before the governing Village authority shall be made part of the record on review before any court of law.
Availability of methods of resolving disputes. This section does not preclude the Village and any person aggrieved from employing arbitration, mediation or other methods of resolving disputes and does not supersede contractual provisions for that purpose.