§ 70-55. Special assessments against rental units.

If water or electric utility service is provided to a rental dwelling unit and if either the owner of the rental dwelling unit notifies the utility in writing of the name and address of the owner, 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 or, 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, the city municipal utility may use the procedure under section 70-53 to collect arrearages incurred after the owner of a rental dwelling unit has provided the utility with written notice under this section only if the municipality complies with at least one of the following:

(1)

In order to comply with this section, 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 Wis. Stats. § 801.14(2). If a customer who is a tenant vacates his 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 forwarding address until the past due charges are paid or until notice has been provided under section 70-53.

(2)

In order to comply with this section, 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 Wis. Stats. § 801.14(2).

(3)

A municipal public utility may demonstrate compliance with the notice requirements by providing evidence of having sent the notice by U.S. mail.

(4)

If this subsection applies and a municipal public utility is permitted to collect arrearages under section 70-53, the municipal public utility shall provide all notices under this section to the owner of the property.

(Ord. of 12-26-2003)

State law reference

Similar provisions, Wis. Stats. § 66.0809.