Any person having a substantial interest which is adversely affected by an administrative determination of the Commission or Village or any agent thereof may have such determination reviewed as provided for herein. Only administrative determinations described in s. 68.02, Wis. Stats., as amended from time to time, are subject to review under this article. Notwithstanding anything to the contrary contained herein, any determinations involving sewer service charges (or any component thereof), application fees, connection fees or any other fees or costs due under this Part 2 are not subject to review hereunder. Further, any determinations involving the levying and assessment of special assessments or any of the determinations described in s. 68.03, Wis. Stats., are not subject to review hereunder.
A person satisfying the requirements of § 312-84 hereof shall first make a written request to the Commission for a review of the administrative determination. The request shall be submitted to the Commission within 15 days following the determination in question. The request shall be in writing, shall state the name and address of the person seeking the review, shall describe the circumstances surrounding the determination and shall state the grounds upon which such person contends that the determination should be modified or reversed.
Upon receipt of a request for review under § 312-85, the person seeking the review shall have a hearing before the Commission, provided the provisions of § 312-87 are satisfied. The hearing shall be held at a time and place determined by the Commission within 30 days from the date of receipt of the request. The Commission shall notify such person, by mail or personal service, at least 10 days before such hearing of the time and place of the hearing. Except as otherwise provided for herein, the hearing shall be conducted in accordance with s. 68.11(2), Wis. Stats., as amended from time to time.
Any appeal to the Commission under § 312-85 hereof shall be accompanied by a nonrefundable review fee of $50.[1] In the event the person seeking review desires the hearing proceedings to be taken by stenographer or by a recording device, the expense thereof shall be paid by the person seeking the review.
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Editor's Note: Fees are now set by resolution of the Village Board. The current fee resolution is on file in the office of the Village Clerk.
Within 30 days of completion of the hearing under § 312-86 hereof and the filing of briefs, if any, the Commission shall make its written determination on the request for review. Such determination shall be mailed or delivered to such person at the address set forth in the request for review. The decision of the Commission may be subject to judicial review under s. 68.13, Wis. Stats., as amended from time to time, in the manner provided for therein.
Except as to those specific statutes expressly incorporated herein, the Commission elects not to be governed by any other provision of Chapter 68 of the Wisconsin Statutes, as amended.
In the event that the Commission does not modify or reverse the administrative determination question following the hearing thereon, or in the event the administrative determination is sustained on appeal under s. 68.13, Wis. Stats., then in either of such events the person who has sought the review shall reimburse the Village and/or Commission for all hearing and court costs incurred, including but not limited to reasonable attorney fees.