704.90(5)(b)2.2. Subject to sub. (7) (b), a 2nd notice sent by verified mail to the last-known address of the lessee, or by electronic mail to the last-known electronic mail address of the lessee, containing all of the following:
704.90(5)(b)2.a.a. A statement that the operator has a lien on personal property stored in a leased space.
704.90(5)(b)2.am.am. A notice of denial of access to the personal property if such denial is permitted under the terms of the rental agreement or under sub. (4r).
704.90(5)(b)2.b.b. An itemized statement of the operator’s claim for rent and other charges due as of the date of the notice and of additional rent and other charges that will become due prior to sale and the dates when they will become due.
704.90(5)(b)2.c.c. A demand for payment of the rent and other charges due within a time period not sooner than 14 days after the date of the notice.
704.90(5)(b)2.d.d. A statement that, unless the rent and other charges are paid within the time period under subd. 2. c., the personal property may be disposed of if the fair market value of the property is less than $100, may be removed by a towing company if the property is a vehicle, or will be sold; a specification of the date, time, and place of the sale if the property is to be sold; and a statement that if the property is sold the operator first shall apply the proceeds of the sale to satisfy the lien and then shall return any balance to the lessee or, if the operator cannot with due diligence locate the lessee, report and deliver any balance to the secretary of revenue as provided under ch. 177.
704.90(5)(b)2.e.e. The name, street address and telephone number of the operator whom the lessee may contact to redeem the personal property by paying the rent and other charges due.
704.90(5)(c)(c) When the operator sends the 2nd notice under par. (b) 2., the operator shall have available, at the operator’s discretion, either photographs or a video of the personal property. The operator shall make the photographs or video available to the lessee upon the lessee’s request.
704.90(5m)(5m)Disposal of certain property. If the fair market value of the personal property that was stored in the lessee’s leased space is less than $100, an operator may do any of the following:
704.90(5m)(a)(a) Donate the personal property to an organization described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under s. 501 (a) of the Internal Revenue Code.
704.90(5m)(b)(b) Dispose of the personal property in a solid waste facility.
704.90(5m)(c)(c) Have the personal property recycled.
704.90(5m)(d)(d) Dispose of the personal property in another manner that is reasonable under the circumstances.
704.90(5r)(5r)Removal of vehicle.
704.90(5r)(a)(a) If the personal property stored in the lessee’s leased space is a vehicle, in lieu of a sale under sub. (6), the operator may have the vehicle removed from the leased space by a towing company as provided in s. 349.13 (3m) if all of the following apply:
704.90(5r)(a)1.1. The lessee failed to pay rent or other charges under a rental agreement for at least 7 consecutive days after the due date under the rental agreement.
704.90(5r)(a)2.2. The operator has complied with the notice requirements under subs. (5) (b) and (7) (b).
704.90(5r)(a)3.3. Before the operator sent the 2nd notice under sub. (5) (b) 2., the lessee had failed to pay rent or other charges due under the rental agreement for more than 60 consecutive days after the due date under the rental agreement.
704.90(5r)(a)4.4. The lessee has failed to redeem the personal property under sub. (5) (a) within the time specified in the notice under sub. (5) (b) 2. c.
704.90(5r)(b)(b) The operator shall be immune from civil liability for any damage to or loss of the vehicle arising from or related to the removal and towing of the vehicle.
704.90(6)(6)Sale, advertisement of sale and proceeds of sale.
704.90(6)(a)(a) After the expiration of the time period given in the 2nd notice under sub. (5) (b) 2. c., an operator may sell personal property that was stored in a lessee’s leased space to satisfy the lien under sub. (3) (a) in the manner set forth in pars. (b) and (c) if all of the following conditions are met:
704.90(6)(a)2.2. The operator has complied with the notice requirements under subs. (5) (b) and (7) (b).
704.90(6)(a)3.3. The lessee has failed to redeem the personal property under sub. (5) (a) within the time period specified in the notice under sub. (5) (b) 2. c.
704.90(6)(a)4.4. An advertisement of the sale is published once in a newspaper of general circulation where the self-service storage facility or unit is located.
704.90(6)(a)5.5. The advertisement under subd. 4. contains all of the following:
704.90(6)(a)5.a.a. A brief and general description of the personal property reasonably adequate to permit its identification.
704.90(6)(a)5.b.b. The address of the self-service storage facility or of the operator of the self-service storage unit and the name of the lessee.
704.90(6)(a)6.6. The sale takes place not sooner than 15 days after the publication under subd. 4.