Board of Review:   Notice of Board of Review Town of Delavan, Walworth County, State of Wisconsin Notice that the Assessment Roll is Open for Examination and Open Book Pursuant to Wis. Stat. § 70.45, the assessment roll for the Year 2024 assessment will be open for examination starting on the 1st day of August, 2024 at 8:30am., until 4:30pm., Monday through Friday. Additionally, the assessor shall be available at the Town Hall from July 29 10:00am – 5:00pm & July 30 9:00am – 3:00pm. Instructional material will be provided at the open book to persons who wish to object to valuations under Wis. Stat. § 70.47.   Notice of Board of Review Two-Hour Meeting Notice is hereby given that the Board of Review for the Town of Delavan, Walworth County Wisconsin shall hold its first meeting on Thursday, September 12, 2024 from 2:00pm to 4:00pm at 5621 Town Hall Road, Delavan WI  53115. Please be advised of the following requirements to appear before the Board of Review and procedural requirements if appearing before the Board of Review:   After the first meeting of the Board of Review and before the Board of Review’s final adjournment, no person who is scheduled to appear before the Board of Review may contact or provide information to a member of the Board of Review about the person’s objection, except at a session of the Board of Review.  Open book shall occur no less than 7 days prior to the Board of Review. The Board of Review may not hear an objection to the amount or valuation of property unless, at least 48  hours before the Board of Review first scheduled meeting, the objector provides to the Board of Review Clerk written or oral notice of an intent to file an objection, except that upon a showing of good cause and the submission of a written objection, the Board of Review shall waive that requirement during the first 2 hour of the Board of Review’s first scheduled meeting, and the Board of Review may waive that requirement up to the end of the 5th day of the session or up to the end of the final day of the session if the session unless than 5 days with proof of extraordinary circumstances for failure to meet the 48-hour notice requirement and failure to appear before the Board of Review during the first 2 hours of the first scheduled meeting. Objections to the amount or valuation of property shall first be made in writing and filed with the Board of Review Clerk within the first 2 hours of the Board of Review’s first scheduled meeting, except that, upon evidence of extraordinary circumstances, the Board of Review may waive that requirement up to the end of the 5th day of the session or up to the end of the final day of session if the session is less than 5 days.  The Board of Review may require objections to the amount or valuation of property to be submitted on forms approved by the Department of Revenue, and the board shall require that nay forms include stated valuation of the property in question.  Persons who own land and improvements to that land may object to the aggregate valuation of that land and improvements to that land, but no person who owns land and improvements to that land may object only to the valuation of land or only to the valuation of improvements to that land.  No person may be allowed in any action or proceedings to question the amount or valuation of property unless the written objection has been filed and that person in good faith presented evidence to the Board of Review in support of the objections and made full disclosure before the Board of Review, under oath, of all of that person’s property liable to assessment in the district and the value of the property.  The requirement that objections be in writing may be waived by express action of the board. When appearing before the Board of Review, the objecting person shall specify in writing the person’s estimate of the value of the land and of the improvements that are the subject of the person’s objection and specify the information that the person used to arrive at that estimate. No person may appear before the Board of Review, testify to the Board of Review by telephone, or object to a valuation if that valuation was made by the assessor or the objector using the income method of valuation, unless no later than 7 days before the first meeting of the Board of Review, the person supplies the assessor with all the information about the income and expenses that the assessor requests as specified in the Assessor’s Manual, under Wis. Stats.§ 73.03(2a) The Town of Delavan has an ordinance for the confidentiality of information about income and expenses that is provided to the assessor under this paragraph that provides exceptions for persons using information in the discharge of duties imposed by law or the duties of their officer or by order of court. The information that is provided under this paragraph, unless a court determines that it is inaccurate, is not subject to the right of inspection and copying under Wis. Stats. §19.35(1), The Board of Review shall hear upon oath, by telephone, all ill or disabled persons who present to the Board of Review a letter from a physician assistant, or advanced practice nurse prescriber certified under Wis. Stats. § 441.16(2) “that confirms their illness or disability.  No other persons may testify by telephone unless the Board of Review, in its discretion, has determined to grant a property owner’s or their representative’s request to testify under oath by telephone or written statement. No person may appear before the Board of Review, testify to the Board of Review by telephone, or contest the amount of any assessment unless, at least 48 hours before the first meeting of the Board of Review, or at least 48 hours before the objection is heard if the objection is allowed under Wis. Stats. § 70.47 (3)(a), that person provides notice to the Board of Review Clerk as to whether the person will ask for the removal of a member of the Board of Review and, if so, which member, and provides a reasonable estimate of the length of time the hearing will take. No person shall be allowed to appear before the Board of Review, to testify to the Board by telephone or contest the amount of any assessment of real or personal property if the person has refused a reasonable written request by certified mail of the assessor to enter onto the property to conduct an exterior view of the real or personal property being assessed.   Notice is herby given this 20th day of June, 2024 by Michele Starin Town of Delavan Clerk

Bird Foggers Banned

ORDINANCE NO. 405

AN ORDINANCE CREATING SECTION 10.11 OF THE MUNICIPAL CODE OF THE TOWN OF DELAVAN RELATING TO REGULATION OF BIRD FOGGERS.

 February 22, 2022

     The Town Board of the Town of Delavan, Walworth County, Wisconsin, does hereby ordain as follows:

SECTION 1.     Purpose.  The purpose of this ordinance is to create Section 10.11 of the Municipal Code of the Town of Delavan relating to the regulation of bird foggers.

SECTION 2.     Section 10.11 created.  Section 10.11 of the Municipal Code of the Town of Delavan is hereby created to provide as follows:

10.11 REGULATION OF AUTOMATIC BIRD FOGGERS

1) DEFINITIONS

 

    (a)        Automatic Bird Fogger shall be defined as any device that creates a fog or mist typically containing a chemical intended to repel or kill birds.

    (b) Label Directions shall refer to product labeling and directions of use as approved by the United States Environmental Protection Agency or any other Federal or State Agency having jurisdiction to control or regulate product labeling.

2) RESTRICTIONS ON USE OF BIRD FOGGERS

(a)            No bird fogger may be used in any Residence or Business District as established pursuant to the provisions of any applicable zoning ordinance 

(b)            All bird foggers must be operated in strict compliance with Label Directions. 

(c)            No bird fogger may be used or employed in such a manner that it will result in the application of chemicals in a manner which will contact workers or other persons directly or through drift.

(d)            Bird foggers shall only be used under circumstances where no human or non-target animals are at risk for exposure to the application directly or through drift.

(e)            No bird fogger may be used in such a manner as to result in direct application of any chemical products to food crops.

(f)            No bird fogger may be placed or located within 25 feet of the nearest property boundary.

(g)            Bird foggers shall be placed in such a manner that the spray nozzle is directed away from and at least 25 feet from any adjoining properties.

(h)            No more than one bird fogger may be employed per every 40,000 square feet of property area or fraction thereof within any residentially zoned district.

(i)            Bird foggers shall be operated during daylight hours only.

3) PENALTY

    (a) Any person failing to comply with the provisions of this section will be subject to the penalties as provided in Section 25.04 of this Municipal Code.   

SECTION 3.  Severability. Each section, subsection, paragraph, sentence, clause, phrase, and provision of the foregoing Ordinance is and the same is hereby declared to be severable and if any portion or provision thereof is duly determined to be invalid for any reason, such determination shall not invalidate any other portion or provision thereof.

SECTION 4.     Effective Date. This Ordinance shall take effect and be enforced following its passage and posting as required by law.

 

Adopted by the Town Board of the Town of Delavan, Walworth County, Wisconsin this 22nd day of February, 2022.

TOWN OF DELAVAN

WALWORTH COUNTY, WISCONSIN