1995 Wisconsin Act 419

66.069 (1) (bn) 1. This paragraph applies only if all of the following conditions are met:

a. Water or electric utility service is provided to a rental dwelling unit.

am. The water or electric utility service is provided by a town sanitary district created under subch. IX of ch. 60 that has sewerage connections serving more than 700 service addresses, by a public inland lake protection and rehabilitation district under subch. IV of ch. 33 that has sewerage connections serving more than 700 service addresses or by a municipal public utility.

b. The owner of the rental dwelling unit notifies the utility in writing of the name and address of the owner.

c. The owner of the rental dwelling unit notifies the utility in writing of the name and address of the tenant who is responsible for payment of the utility charges.

d. If requested by the utility, the owner of the rental dwelling unit provides the utility with a copy of the rental or lease agreement in which the tenant assumes responsibility for the payment of the utility charges.

2. If this paragraph applies, a municipal public utility may use par. (b) to collect arrearages incurred after the owner of a rental dwelling unit has provided the utility with written notice under subd. 1. only if the municipality complies with at least one of the following:

a. In order to comply with this subd. 2. a., a municipal public utility shall send bills for water or electric service to a customer who is a tenant in the tenant's own name. Each time that a municipal public utility notifies a customer who is a tenant that charges for water or electric service provided by the utility to the customer are past due for more than one billing cycle, the utility shall also serve a copy of the notice on the owner of the rental dwelling unit in the manner provided in s. 801.14 (2). If a customer who is a tenant vacates his or her rental dwelling unit, and the owner of the rental dwelling unit provides the municipal public utility, no later than 21 days after the date on which the tenant vacates the rental dwelling unit, with a written notice that contains a forwarding address for the tenant and the date that the tenant vacated the rental dwelling unit, the utility shall continue to send past-due notices to the customer at his or her forwarding address until the past-due charges are paid or until notice has been provided under par. (b).

b. In order to comply with this subd. 2. b., if a customer who is a tenant has charges for water or electric service provided by the utility that are past due, the municipal public utility shall serve notice of the past-due charges on the owner of the rental dwelling unit within 14 days of the date on which the tenant's charges became past due. The municipal public utility shall serve notice in the manner provided in s. 801.14 (2).

2m. A municipal public utility may demonstrate compliance with the notice requirements of subd. 2. a. or b. by providing evidence of having sent the notice by U.S. mail.

3. If this paragraph applies and a municipal public utility is permitted to collect arrearages under par. (b), the municipal public utility shall provide all notices under par. (b) to the owner of the property.

419,5 Section 5 . 66.071 (1) (e) of the statutes is amended to read:

66.071 (1) (e) All water rates for water furnished to any building or premises, and the cost of repairing meters, service pipes, stops or stop boxes, shall be a lien on the lot, part of lot or parcel of land on which such building or premises shall be situated. If any water rates or bills for the repairing of meters, service pipes, stops or stop boxes remain unpaid on the first day of October, in any year, the same shall be certified to the city comptroller of such city on or before the first day of November next following, and shall be placed by the comptroller upon the tax roll and collected in the same manner as other taxes on real estate are collected in said city. The charge for water supplied by the city in all premises where meters are attached and connected, shall be at rates fixed by the commissioner of public works and for the quantity indicated by the meter. If in any case, the commissioner of public works shall determine that the quantity indicated by the meter is materially incorrect or if a meter has been off temporarily on account of repairs, the commissioner of public works shall determine in the best manner in the commissioner's power the quantity used, and such determination shall be conclusive. No water rate or rates duly assessed against any property shall be thereafter remitted or changed except by the council of such city. Under this paragraph, if an unpaid charge or bill is for utility service furnished and metered by the waterworks directly to a mobile home unit in a licensed mobile home park, the delinquent amount shall become a lien on the mobile home unit rather than a lien on the parcel of real estate on which the mobile home unit is located. A lien on a mobile home unit may be enforced using the procedures under s. 779.48 (2).

419,6 Section 6 . 66.071 (1) (en) of the statutes is created to read:

66.071 (1) (en) 1. This paragraph applies only if all of the following conditions are met:

a. The waterworks provides water service to a rental dwelling unit.

b. The owner of the rental dwelling unit notifies the commissioner of public works in writing of the name and address of the owner.

c. The owner of the rental dwelling unit notifies the commissioner of public works in writing of the name and address of the tenant who is responsible for payment of the utility charges.

d. If requested by the commissioner of public works, the owner of the rental dwelling unit provides the commissioner of public works with a copy of the rental or lease agreement in which the tenant assumes responsibility for the payment of the utility charges.

2. If this paragraph applies, the commissioner of public works may use par. (e) to collect unpaid charges and bills incurred after the owner of a rental dwelling unit has provided the commissioner of public works with written notice under subd. 1. only if the commissioner of public works complies with at least one of the following:

a. In order to comply with this subd. 2. a., the commissioner of public works shall send bills for water service to a customer who is a tenant in the tenant's own name. Each time that a commissioner of public works notifies a customer who is a tenant that charges for water service provided by the waterworks to the customer are past due for more than one billing cycle, the commissioner of public works shall also serve a copy of the notice on the owner of the rental dwelling unit in the manner provided in s. 801.14 (2). If a customer who is a tenant vacates his or her rental dwelling unit, and the owner of the rental dwelling unit provides the commissioner of public works, no later than 21 days after the date on which the tenant vacates the rental dwelling unit, with a sworn affidavit that contains a forwarding address for the tenant, the date that the tenant vacated the rental dwelling unit and a meter reading reflecting the service for which the tenant is responsible, the commissioner of public works shall continue to send past-due notices to the customer at his or her forwarding address until the past-due charges are paid or until the past-due charges have been certified to the comptroller under par. (e).

b. In order to comply with this subd. 2. b., if a customer who is a tenant has charges for water service provided by the waterworks that are past due, the commissioner of public works shall serve notice of the past-due charges on the owner of the rental dwelling unit within 14 days of the date on which the tenant's charges became past due. The commissioner of public works shall serve notice in the manner provided in s. 801.14 (2).

2m. The commissioner of public works may demonstrate compliance with the notice requirements of subd. 2. a. or b. by providing evidence of having sent the notice by U.S. mail.

419,7 Section 7 . 66.60 (16) (a) of the statutes is amended to read:

66.60 (16) (a) In addition to all other methods provided by law, special charges for current services rendered may be imposed by the governing body by allocating all or part of the cost to the property served. Such may include, without limitation because of enumeration, snow and ice removal, weed elimination, street sprinkling, oiling and tarring, repair of sidewalks or curb and gutter, garbage and refuse disposal, sewer service storm water management, including construction of storm water management facilities, and tree care. The provisions for notice of such charge shall be optional with the governing body except that in the case of street tarring and the repair of sidewalks, curb or gutters, a class 1 notice, under ch. 985, shall be published at least 20 days before the hearing or proceeding and a copy of the notice shall be mailed at least 10 days before the hearing or proceeding to every interested person whose post-office address is known, or can be ascertained with reasonable diligence. Such notice shall specify that on a certain date a hearing will be held by the governing body as to whether the service in question shall be performed at the cost of the property owner, at which hearing anyone interested will be heard.

419,8 Section 8 . 66.60 (16) (d) of the statutes is created to read:

66.60 (16) (d) Except with respect to storm water management services, including construction of storm water management facilities, a municipal public utility may not use the procedures under this subsection to collect arrearages.

419,7 Section 7. Initial applicability.

(1)  The treatment of sections 66.069 (1) (b) and (bn), 66.071 (1) (e) and (en) and 66.60 (16) (a) and (d) of the statutes first applies to charges for utility services provided on January 1, 1997.