§ 70-44. Appeals.

(a)

A person having an interest in a parcel of land affected by a determination of the common council, under this article, may, within 90 days after the date of the notice or of the publication of the final resolution under this article, appeal the determination to the county circuit court. The person appealing shall serve a written notice of appeal upon the city clerk-treasurer and execute a bond to the city in the sum of $150.00 with two sureties or a bonding company to be approved by the city clerk-treasurer, conditioned for the faithful prosecution of the appeal and the payment of all costs that may be adjudged against that person. The clerk-treasurer, if an appeal is taken, shall prepare a brief statement of the proceedings in the matter before the common council, with its decision on the matter, and shall transmit the statement with the original or certified copies of all the papers in the matter to the clerk of the county circuit court.

(b)

If a contract has been made for making the improvement, the appeal does not affect the contract and certificates or bonds may be issued in anticipation of the collection of the entire assessment for the improvement, including the assessment on any property represented in the appeal as if the appeal had not been taken.

(c)

An appeal under this subsection is the sole remedy of any person aggrieved by a determination of the common council, whether or not the improvement was made according to the plans and specifications, and shall raise any question of law or fact, stated in the notice of appeal, involving the making of the improvement, the assessment of benefits or the award of damages or the levy of any special assessment. The limitation in subsection (a) of this section does not apply to appeals based on fraud or on latent defects in the construction of the improvement discovered after the period of limitation.

(d)

It is a condition to the maintenance of an appeal that any assessment appealed from shall be paid when the assessment or any installments become due. If there is a default in making a payment, the appeal shall be dismissed.

(Ord. of 12-26-2003)

State law reference

Similar provisions, Wis. Stats. § 66.0703(12).