Section 326.35. Disconnection procedure.

 

(1)  

(a) A notice of disconnection may not be issued until at least 20 days after the date of issuance of the bill.

(b) Manufactured home community water and sewer service shall not be disconnected or refused because of any disputed matter while the disputed matter is being pursued in accordance with the provisions of s. SPS 326.38 .

(c) A manufactured home community operator or manufactured home community contractor shall postpone the disconnection of service, or reconnect the service if disconnected, for up to 21 days on the written recommendation of a licensed physician or notice from a public health, social services, or law enforcement official that identifies the medical or protective services emergency and specifies the period of time for postponement of the disconnection. This postponement is to enable the manufactured home community occupant to arrange for payment.

(d) During the period service is continued under the provisions of this subsection, the manufactured home community occupant is responsible for the cost of residential water and sewer service. However, no action to disconnect that service shall be undertaken until expiration of the period of continued service.

(e) If there is a dispute concerning an alleged medical emergency, either party may request an informal review by the department. During the informal review, residential water and sewer service shall be continued if the manufactured home community occupant has submitted a statement or notice as set forth in par. (c) .

(2)  

(a) A manufactured home community operator or manufactured home community contractor shall not disconnect service unless written notice by first class mail is sent to the manufactured home community occupant or personally served upon the occupant at least 8 calendar days prior to the first date of the proposed disconnection except as provided in s. SPS 326.34 (2) , (3) , and (4) . If the billing address is different from the service address, notice shall be posted at the service address not less than 5 days before disconnection. The notice shall contain the information set forth in s. SPS 326.36 .

(b) If disconnection is not accomplished on or before the 15th day after the first notice date, a subsequent notice shall be left on the premises not less than 24 hours nor more than 48 hours prior to the disconnection unless the manufactured home community occupant and the manufactured home community operator or manufactured home community contractor agree to extend the 15-day time period. If disconnection is not accomplished on or before the 30th day after the original eight-day disconnection notice was issued, the manufactured home community operator or manufactured home community contractor shall issue a new eight-day disconnection notice prior to proceeding with the disconnection of water and sewer service.

(c) The manufactured home community operator or manufactured home community contractor shall make a reasonable effort to have a personal or telephone contact with the manufactured home community occupant prior to disconnection. If a contact is made, the manufactured home community operator or manufactured home community contractor shall review the reasons for the pending disconnection of service and explain what actions shall be taken by the manufactured home community occupant to avoid disconnection. The manufactured home community operator or manufactured home community contractor shall keep a record of the contacts and contact attempts.

(d) If a dispute cannot be resolved, the manufactured home community operator or manufactured home community contractor shall inform the manufactured home community occupant of the right to appeal to the department in accordance with s. SPS 326.38 .

(3)  Service shall not be disconnected on a day, or on the day immediately preceding a day, when the business offices of the manufactured home community operator or manufactured home community contractor are not available to the manufactured home community occupants for the purpose of transacting all business matters. If the manufactured home community operator or manufactured home community contractor is not available for all business matters, it shall be considered to be available if it provides personnel that are readily available to the manufactured home community occupant 24 hours per day to evaluate, negotiate, or otherwise consider the manufactured home community occupant's objection to the disconnection as provided under s. SPS 326.38 , and proper service personnel are readily available to restore service 24 hours per day.

CR 04-135 : cr. Register February 2006 No. 602 , eff. 3-1-06; correction in (1) (b), (2) (a), (d), (3) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 .