Section 326.34. Reasons for disconnection and refusal of service.

 

(1)  Water and sewer service may be disconnected or refused for any of the following actions on the part of a manufactured home community occupant:

(a) Failure to pay a delinquent account.

(b) Failure to comply with deposit arrangements as specified in s. SPS 326.33 .

(c) Diversion of service around the meter.

(d) Refusal or failure to permit authorized manufactured home community operator or manufactured home community contractor personnel access to the base meter or remote register.

(e) Use of service in a manner that interferes with the service of others or the operation of nonstandard equipment, if the manufactured home community occupant has first been notified and provided with reasonable opportunity to remedy the situation.

(f) Failure to comply with Wisconsin statutes, department rules, or department orders pertaining to water and sewer service.

(g) Failure to pay costs or fees incurred by and awarded to the manufactured home community operator or manufactured home community contractor by a court of law for pursuit of collection of water and sewer bills, or failure to pay collection charges associated with water and sewer service.

(h) Use of a device that unreasonably interferes with communications or signal services used for reading meters.

(i) Failure to bring a deposit up to its original amount within 20 days of the written request to do so if all or a portion of the deposit has been used to pay a water and sewer arrearage.

(2)  A manufactured home community operator or manufactured home community contractor may disconnect water and sewer service without prior notice where a dangerous condition exists for as long as the condition exists. Upon disconnection, the manufactured home community operator or manufactured home community contractor shall provide the manufactured home community occupant with a written explanation of the dangerous condition.

(3)  Service may be discontinued with a written 24-hour notice for nonpayment of a bill covering surreptitious use of water and sewer.

(4)  A manufactured home community operator or manufactured home community contractor may disconnect water and sewer service without notice where it has reasonable evidence that water and sewer service is being obtained by potentially unsafe devices or potentially unsafe methods that stop or interfere with the proper metering of the water and sewer service.

(5)  Water and sewer service may not be disconnected or refused for any of the following reasons:

(a) Failure to pay the account of another manufactured home community occupant as guarantor of that account.

(b) Failure to pay charges arising from any underbilling occurring more than one year prior to the current billing.

(c) For the purpose of eviction of a manufactured home community occupant.

(d) If a heat advisory or warning has been declared by the national weather service for a geographic area that includes the manufactured home community.

(6)  Notwithstanding any other provision of this section, upon due notice to a manufactured home community operator or manufactured home community contractor, the operator or contractor may not disconnect service or refuse to reconnect service to a manufactured home community occupant if disconnection will aggravate an existing medical or protective services emergency of the manufactured home community occupant, a member of the manufactured home community occupant's family, or other permanent resident of the premises where service is rendered and if the manufactured home community occupant conforms to the procedures described in s. SPS 326.35 (1) (c) .

(7)  Notwithstanding any other provision of this chapter, water and sewer service may not be refused or disconnected because of a delinquent account if the manufactured home community occupant or applicant provides a deposit as a condition of future service, as governed by s. SPS 326.33 , or a payment agreement guaranteed by a third party. If the guarantor has agreed to be responsible for payment of all future bills, the manufactured home community occupant shall be notified of the billing arrangement and of the ability to reject the proposed arrangement.

CR 04-135 : cr. Register February 2006 No. 602 , eff. 3-1-06; correction in (1) (b), (7), (8) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; CR 14-017 : am. (1) (a), (2), r. (6), renum. (7), (8) to (6), (7) Register August 2014 No. 704 , eff. 9-1-14.