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HomeMy WebLinkAbout09-34JANUARY 13, 2009 JANUARY 27, 2009 09-13 09-34 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN X ) PURPOSE: CREATE AN ORDINANCE TO ALLOW TAXPAYERS TO REQUEST AN EXTENSION FROM THE BOARD OF REVIEW FOR HEARING APPEALS AND TO SPECIFY THE REQUIREMENTS RELATED TO THE PRESENTATION OF EVIDENCE AT BOARD OF REVIEW PROCEEDINGS INITIATED BY: FINANCE DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH CREATING SECTION 2-56(C) TO ALLOW TAXPAYERS TO REQUEST AN EXTENSION FROM THE BOARD OF REVIEW FOR HEARING APPEALS AND TO SPECIFYTHE REQUIREMENTS RELATED TO THE PRESENTATION OF EVIDENCE AT BOARD OF REVIEW PROCEEDINGS WHEREAS, the Wisconsin State Legislature pursuant to 2007 Wisconsin Act 86 has enacted legislation allowing municipalities to make certain changes to the procedures and duties of the Board of Review. The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 2-56(C) of the Oshkosh Municipal Code pertaining to Hearing Extensions for the Board of Review is hereby created to read as follows: (C) The City of Oshkosh elects to adopt the provisions of 70.47(7)(c) with review as provided in §70.47(13) of the Wisconsin Statutes. To that end, except as otherwise specifically provided, the procedures established in §70.47(7)(c) with review as provided in §70.47(13) of the Wisconsin Statutes are hereby adopted and by reference made a part of this Code as if fully set forth herein. It is the intention of this ordinance to include §§70.47(7)(c) and 70.47(13) of the Wisconsin Statutes as well as any other provisions of the Wisconsin Statutes referenced or related to the procedures set forth within these sections in effect at the time of adoption of this section together with any applicable prior revisions and all future recodifications, renumberings and amendments unless otherwise expressly provided in such references. It is the intention of this section that any act required to be performed or prohibited by these of the Wisconsin Statutes, as previously amended, presently in effect or as may be amended in the future, incorporated within this section by reference, is an act required to be performed or is an act prohibited by this section. JANUARY 13, 2009 JANUARY 27, 2009 09-13 09-34 ORDINANCE FIRST READING SECOND READING SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #09-34 CREATE AN ORDINANCE TO ALLOW TAXPAYERS TO REQUEST AN EXTENSION FROM THE BOARD OF REVIEW FOR HEARING APPEALS AND TO SPECIFY THE REQUIREMENTS RELATED TO THE PRESENTATION OF EVIDENCE AT BOARD OF REVIEW PROCEEDINGS, on January 27, 2009. The ordinance would adopt the optional procedures for board of review hearings available under §70.47(7)(c) with review as provided in §70.47(13) of the Wisconsin Statutes and allow taxpayers to request a 60-day extension from the Board of Review for a hearing; require that the taxpayer and assessor present all evidence to the Board of Review to support their respective positions; and if the taxpayer receives an extension for hearing from the Board, require that the taxpayer and assessor exchange all reports, documents and exhibits that will be presented at the hearing. The adoption of this ordinance limits review of determinations by the Board of Review to a circuit court review of the administrative record. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone: 920/236-5011.