Skip to main content
This section is included in your selections.

(1) Municipal Administrative Procedure. Chapter 68 of the Wisconsin Statutes, Municipal Administrative Procedure, as hereinafter modified pursuant to the authority granted in section 68.16 of the Wisconsin Statutes is hereby adopted by reference

(2) Determinations Reviewable. The following determinations are reviewable under this chapter:

(a) The granting or denial in whole or in part after application of an initial permit, license, right, privilege or authority, with the exception, however, of those matters governed by the appeal process provided in the Kenosha County General Zoning and Shoreland/Floodplain Zoning Ordinance.

(b) The suspension, revocation or non-renewal of an existing permit, license, right, privilege or authority, except as provided in (3).

(c) The denial of a grant of money or other thing of substantial value under a statute or ordinance prescribing conditions of eligibility for such grant.

(d) The imposition of a penalty or sanction upon any person except a municipal employee or officer, other than by a court.

(e) The tax refund interception in accordance with section 71.935, Wisconsin Statutes.

(3) Determinations Not Subject to Review. Except as provided in section (2) of this ordinance, the following determinations are not reviewable under this chapter:

(a) A legislative enactment. A legislative enactment is an ordinance, resolution or adopted motion of the governing body of a municipality.

(b) Any action subject to administrative or judicial review procedures under other statutes or ordinances.

(c) The denial of a tort or contract claim for money, required to be filed with the municipality pursuant to statutory procedures for the filing of such claims.

(d) The suspension, removal or disciplining or nonrenewal of a contract of a municipal employee or officer.

(e) The grant, denial, suspension or revocation of a cabaret license.

(f) Judgments and orders of a court.

(g) Determinations made during municipal labor negotiations.

(h) Any action which is subject to administrative review procedures under an ordinance providing such procedures as defined in section 68.16 of the Wisconsin Statutes.

(i) Notwithstanding any other provision of this chapter, any action or determination of a municipal authority which does not involve the constitutionally protected right of a specific person or persons to due process in connection with the action or determination.

(4) 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 Kenosha County or agent acting on behalf of Kenosha County as set forth in section (2) of this ordinance, may have such determination reviewed as provided in this chapter. The remedies under this chapter shall not be exclusive. No department, board, commission, agency, officer or employee of Kenosha County who is aggrieved may initiate review under this chapter of a determination of any other department, board, commission, agency, officer or employee of Kenosha County but may respond or intervene in a review proceeding under this chapter initiated by another.

(5) 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 Kenosha County whose rights, duties or privileges are adversely affected by a determination of Kenosha County’s authority.

(6) Written Determinations. If a determination that is reviewable under this section is made orally, or, if in writing, does not state the reasons therefore, the administrative authority making that 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 therefore 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, an authority making a determination is defined to include the Kenosha County Board, its committees, commissions, department heads, divisions, elected officials, employees or deputies.

(7) Petition for Review. Any aggrieved person may have a written or oral determination that was previously made reviewed by:

(a) Forwarding a written request by mail or hand delivery to the authority which made the determination and the county clerk within 30 days after having been advised and notified of such determination.

(b) Including in said request for review the ground or grounds upon which the person aggrieved contends that the decision should be modified or reversed.

(c) Requesting that the review shall be made by the officer, employee, agent, agency, committee, board, commission or body who made the initial determination.

Failure to make a request as noted above to the proper party shall not preclude the person aggrieved from review unless such failure has caused prejudice to the municipal authority.

(8) Initial Review.

(a) The request for review made to the officer, employee, agent, agency, committee, board, commission or body who made the initial determination shall be reviewed at least 15 days of the receipt of a request for review. This 15 day time limit may be preempted by other applicable rules or law that provides for less than 15 days. This time for review may be extended by written agreement with the person aggrieved.

(b) The person aggrieved may file with the request for review or within the time agreed with the municipal authority written evidence and argument in support of the person’s position with respect to the initial determination.

(c) The authority making the initial determination may affirm, reverse or modify the initial determination and shall mail or deliver to the person aggrieved a copy of the 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 to the Board of Administrative Appeals under section (10), the time within which such appeal shall be taken, and the office or person with whom the notice of appeal shall be filed.

(9) Board of Administrative Appeals.

(a) A Board of Administrative Appeals is hereby created and empowered to promulgate such rules of procedure that are not inconsistent with either the County Board Rules of Procedure or the Wisconsin Open Meeting Law. Said board shall consist of five members who are not County of Kenosha employees, and are appointed by the county executive with the concurrence of the Kenosha County Board of Supervisors with each member being appointed for a three year term so as to provide at least one vacancy to be filled each year.

(b) Members of the Board of Administrative Appeals shall be compensated for incidental expenses incurred by reason of their service on the same basis and at the same rate as are members of the Kenosha County Zoning Board of Adjustment pursuant to Chapter 12 of the Municipal Code of Kenosha County, as amended.

(c) In the event there can be no impartial hearing officer found on the board in a matter that comes before the Board of Appeals for decision, all five members of the panel having recused themselves due to a potential conflict or bias, the panel may be substituted by a similar panel from a like jurisdiction to hear the matter.

(10) Appeal to Board of Administrative Appeals.

(a) Right of Appeal. A person aggrieved by a decision issued pursuant to section (8)(c) has a right of appeal to the Board of Administrative Appeals unless the person aggrieved had a hearing substantially in compliance with section 68.11, Stats., at the time the initial determination was made. If he has already been granted a hearing pursuant to Chapter 68.11, then he may ask for a review but is not granted an appeal. Such a matter is then ripe for judicial review.

(b) Time Limit for Appeal. An appeal from a decision issued pursuant to section (8)(c) shall be taken within 30 days of notice of such decision by filing with the Board of Administrative Appeals, Office of the Kenosha County Clerk, written notice of appeal accompanied by a filing fee in the amount of $15.00 and by filing with or mailing to the authority making the decision being appealed written notice of appeal. No appeals will be considered if requested beyond the stated time limit.

(c) Time for Hearing. Within 15 days of the receipt of the notice of appeal, an administrative appeal hearing shall be held. The Kenosha County Clerk shall serve the appellant with notice of such hearing before the Board of Administrative Appeals by mail or personal service at least 10 days before such hearing.

(d) Applicability. Times and rules as set forth above apply except as provided under separate state or federal rule.

(e) Conduct of Hearing. At the hearing, the appellant and the determining authority may be represented by counsel 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 Board of Administrative Appeals which shall make the decision on the administrative appeal. The decision maker may issue subpoenas. The hearing may employ such other procedures as deemed applicable and appropriate and as set forth in this ordinance or state statute.

(f) 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 Kenosha County Clerk.

(g) Cost of Transcript. The cost of any transcript prepared subsequent to any hearing under the provisions of this section shall be borne by the party requesting the transcript except in cases of indigency as determined by the Administrative Board of Appeals.

(11) Final Determination. Within 20 days of completion of the hearing conducted pursuant to section (10)(c) and the filing of briefs, if any, the Board of Administrative Appeals shall mail or deliver to the appellant its written determination stating the reasons therefor. Such determination shall be a final determination.

(12) Judicial Review. A judicial review of any final determination may be had pursuant to the provisions of the State Statutes.

(13) Legislative Review.

(a) The seeking of a review pursuant to this section of the ordinance does not preclude a person aggrieved from seeking relief from the Kenosha County Board of Supervisors.

(b) If in the course of legislative review under this section a determination is modified, such modification and any evidence adduced before the Kenosha County Board of Supervisors shall be made part of the record on review before any court of law.

(c) The Kenosha County Board of Supervisors need not conduct the type of hearing required under section 68.11 of the Wisconsin Statutes.

(14) Committee Decisions. Where the person aggrieved has had a hearing substantially in compliance with section 68.11 of the Wisconsin Statutes before a Kenosha County Board Committee when the initial determination was made, said determination shall be deemed a final determination from which a judicial review as heretofore provided for in section (12) of this ordinance may be immediately sought. [Code § 3.65, 2018.]