TOWN OF ARENA

Iowa County

State of Wisconsin

FENCE VIEWERS

May 2013

Sec. 1. TITLE/PURPOSE.

Sec. 2. AUTHORITY.

Sec. 3. DEFINITIONS

Sec. 4. ADOPTION OF ORDINANCE

Sec. 5. FEES

Sec. 6. BILLING

Sec. 7. PENALTY PROVISIONS

Sec. 8. SEVERABILITY

Sec. 9. EFFECTIVE DATE

 

SECTION 1 TITLE/PURPOSE

This ordinance is entitled the Town of Arena Fence Viewers Ordinance. The purpose of

this ordinance is to establish fees for fence viewers in accordance with the provisions set

forth in Chapter 90, Wis. stats.

SECTION 2 AUTHORITY

Chapter 90 of the Wisconsin Statutes, establishes town supervisors, including the town

chairperson, as fence viewers.

SECTION 3 DEFINITIONS

Chapter 90, Wis. stats, or any amendments or successors thereto, is hereby incorporated

into this ordinance for procedural and definitional purposes, where no further definition

or procedure is provided herein.

SECTION 4 ADOPTION OF ORDINANCE

The town board, by this ordinance, adopted on proper notice, with a quorum and a roll

call vote by a majority of the town board present and voting, establishes fees for fence

viewers in accordance with the provisions set forth in Chapter 90, Wis. stats.

SECTION 5 FEES

Whenever the services of fence viewers are requested by any person and provided, the

following fee schedule shall apply, with each landowner of each parcel responsible for

payment proportionate to ownership as determined by the fence viewers, but in the event

one or more persons fail to pay the Town within 30 days of the first billing, the remaining

delinquent owner(s) shall be liable for such remaining debt up to double the amount due,

pursuant to 90.15 Wisconsin Statutes:

A. For fence viewing, while occupied in the performance of duties related

to Chapter 90, a minimum of $1000.00 per viewing.

B. Any publication costs connected with the fence viewing process;

C. Any process service fees or postal costs connected with the fence viewing

process;

D. As a method of helping to ensure payment for said services, a fee of $50

shall be required of the real property owner(s) requesting fence mediation

and/or viewing.

E. Fence viewing charges shall be assessed against all landowners for the

first and any subsequent viewings.

 

 

 

 

SECTION 6 BILLING

Billings for said charges established herein shall be submitted by the fence viewers to the

Town Clerk, who shall notify each landowner of the amount due in total and

proportionate liability of each owner, by regular or certified mail, within 30 days of

receipt of billing information, which billing may also include a statement as to such

liability being personal. Such billing shall include an appropriate credit for any deposit

by a paying party complying with Section (2) (E) above. Fees when paid shall be

deposited into the Town funds similar to license fees deposit, and paid out according to

the terms of this ordinance, payable to the fence viewers or other parties.

SECTION 7 PENALTY PROVISIONS

In the event of failure to pay the Town within 30 days of the first billing, delinquent real

property owner(s) shall be liable for such remaining debt up to double the amount due,

pursuant to 90.15 Wisconsin Statutes.

SECTION 8 SEVERABILITY

Each of the provisions of the ordinance is severable and if any provision is held invalid

for any reason, the remaining provisions shall not be affected but shall remain in full

force and effect.

SECTION 9 EFFECTIVE DATE

The town clerk shall properly post or publish this ordinance as required under s. 60.80,

Wis. stats.

 

Adopted this 6th day of May 2013

Effective Date: June 6, 2013

 

 

__David Lucey______(signed)

David Lucey, Chair

 

__Bill Gauger___(signed)

Bill Gauger, Supervisor

___John Wright__(signed)

John Wright, Supervisor

 

Attest: ___Cathy Acker __(signed)

Cathy Acker, Town Clerk

Adopted: 5/6/2013

Published: 6/3/2013

Posted: 6/3/2013

Effective: 6/6/2013