Section 326.09. Enforcement.

 

(1)   Access. An authorized employee or agent of the department, upon presenting proper identification if requested, shall be permitted to enter any manufactured home community at any reasonable time for the purpose of inspecting the manufactured home community to determine compliance with this chapter. The department's authorized employee or agent shall be permitted to examine the records of the manufactured home community pertinent to this chapter, including manufactured home community registration records.

(2)   Enforcement policy.

(a) Notification. If upon inspection of a manufactured home community the authorized employee or agent of the department finds that the manufactured home community is not planned, operated or equipped as required by this chapter, the employee or agent shall, except as provided under par. (b) , notify the manufactured home community operator in writing. The notice shall specify the changes required to make the manufactured home community conform to the standards established in this chapter and the time period within which compliance shall take place.

(b) Order to deal with an immediate danger to health. Where there is reasonable cause to believe that any construction, sanitary condition, operation or method of operation of the premises of a manufactured home community, or of equipment used on the premises, creates an immediate danger to health, an authorized designee of the administrator of the department's division of industry services, pursuant to s. 101.935 (2) (e) , Stats., may without advance written notice, issue a temporary order to remove the immediate danger to health. The authorized designee may issue a monetary forfeiture to the manufactured home community operator for each day the danger is present after it has been identified. That order shall take effect on the delivery to the operator or other person in charge of the manufactured home community. The order shall be limited to prohibiting the continued operation or method of operation of specific equipment, requiring the premises to cease other operations or methods of operations that create an immediate danger to health, or a combination of these, except that if a more limited order will not remove the immediate danger to health the order may direct that all operations authorized by the permit shall cease. If before scheduled expiration of the temporary order the department determines that an immediate danger to health does in fact exist, the temporary order shall remain in effect. The department shall then schedule and hold a hearing pursuant to ch. 227 , Stats. , unless the immediate danger to health is removed or the order is not contested and the operator and the department mutually agree that no purpose would be served by a hearing.

(3)   Local enforcement. If an agent issues permits directly under this chapter, the agent shall create enforcement and appeal procedures in accordance with ss. 254.69 (2) and 66.0417 , Stats., which shall supersede sub. (2) .

CR 04-135 : cr. Register February 2006 No. 602 , eff. 3-1-06; correction in (2) (b) made under s. 13.92 (4) (b) 6. , Stats., Register September 2013 No. 693 .

Note

Section 101.935 (2) (b) , Stats., requires the department to hold a hearing in accordance with ch. 227 , Stats., before suspending or revoking a permit for violations of this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1