A. Purpose And Intent: It is the declared intent of this section that tax payments made in excess of the tax bill amounts shall be refunded pursuant to the procedures established under this section within fifteen (15) business days of payment. Further, it is the declared intent that this policy shall be in full force and effect upon adoption by the village board, with the purpose of complying with section 74.03(2) of Wisconsin statutes.
B. Authority: This section is adopted pursuant to the authority granted to village boards under section 60.044 of Wisconsin statutes to enact an alternative system of approving financial claims against the village other than claims under section 893.80 of Wisconsin statutes.
C. Required Procedures Of Treasurer: Pursuant to section 61.26 of Wisconsin statutes upon receipt of tax payments in excess of the tax bill, the village treasurer shall deposit as soon as practicable all payments in the name of the village in public depositories designated by the village board. Upon verification by the village treasurer that the payment as deposited has cleared and not been returned as insufficient funds, but no later than ten (10) days after depositing, the treasurer shall notify the village clerk in writing: the name and mailing address of the taxpayer for whom a refund in excess of the tax bill amount is due, the amount of the refund in excess of the tax bill, the date payment was received, and a statement that the payment as made has cleared and not been returned as insufficient funds.
D. Required Procedures Of Clerk: Upon written notification from the village treasurer that a taxpayer has made a tax payment in excess of the tax bill amount, the village clerk shall approve a claim as a proper charge against the village treasury, and endorse his/her approval on the claim after having determined that the following conditions have been complied with:
1. The funds are available to pay the claim, assuming the tax payment has cleared and has not been returned as is evidenced by the treasurer's notice.
2. The village board has authorized the refund of excess tax payment as established by the adoption of this section.
3. The refund is due in the amount noticed by the village treasurer as a tax payment in excess of the amount of the tax bill.
4. The refund is a valid claim against the village, being a payment in excess of the tax bill amount.
Further, the village clerk, shall prepare monthly and file with the village board a list of claims paid under this procedure, listing the amount of the claims, the date paid, the name of the taxpayer/claimant, and that the payment was a payment of a refund for excess tax payment.
E. Issuance Of Disbursement: Upon approval of the claim by the village clerk under the procedures listed in subsection D of this section, a refund check payable to the taxpayer/claimant named in the claim or authorization and in the amount approved, shall be written by the village treasurer countersigned as required by section 66.042 of Wisconsin statutes by the village clerk and village treasurer, shall be issued no later than fifteen (15) business days from the date the tax payment was received by the village treasurer as noticed by the village treasurer in subsection C of this section.
F. Mailing Or Delivery Of Refund: Upon issuance of the proper countersigned refund check, pursuant to the procedures in this section, the refund check shall be delivered to the taxpayer/claimant or mailed to the last known mailing address of the taxpayer/claimant by the village treasurer.
G. Annual Detailed Audit: Pursuant to section 66.044(3) of Wisconsin statutes the village board is hereby required to contract for an annual detailed audit of its financial transactions and accounts by a public accountant licensed under chapter 442 of Wisconsin statutes and designated by the village board.
H. Fidelity Bond: Pursuant to section 66.044(4) of Wisconsin statutes the village clerk must be covered by a fidelity bond of not less than five thousand dollars ($5,000.00). (Ord., 11-16-1998)
I. The Village shall not refund overpayment of real estate taxes if such overpayment is in the amount of five dollars ($5.00) or less. The Village decrees that the administrative costs exceed the amount of overpayment and that a refund is not justified. (Ord., 11-16-1998; amd. Ord. 2023-04, 8-10-2023)