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(please read below to fully understand your responsibilities as a utility account holder)
This form will fulfill the written notice requirements set forth by the Genoa City Utilities Office. Upon receipt of this form, the Utility will follow the processes outlined in §66.0809 regarding delinquent notices, annual tax transfer notice of arrears and related lien procedures. Pursuant to Wis. Stat §66.0809 (5)(a), a property owner will notify the utility in writing that a tenant is responsible for payment of the residential utility bill in order to provide the owner with notice should the tenant become delinquent.
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Delinquent Notices (Quarterly): The property owner will be mailed a notice of the past due balance. If rental property, a notice will be mailed if a tenant fails to pay the quarterly billing within 20 days of billing and late fees are applied. Tenant Vacates Premises: If the tenant vacates the premises, in order for the Utility to continue sending notices to the tenant regarding a past due balance, the owner must provide the Utilities Office with written notice that contains the forwarding address of the tenant and the date that the tenant vacated the premises. Notification shall be provided by the owner no later than 21 days after the date on which the tenant vacates the rental unit. Pre-Tax Notice (October 15): Both the owner and the tenant will be mailed a notice of past due balances on October 15 of each year for any debt incurred prior to October 1st. Once this notice has been sent, a statutory lien is created against tenant’s personal assets, which will only be enforced if the past due balance is not paid by November 15. Tax Penalty (November 1): If payment has not been made to the Utility by November 1, an additional penalty of 10% of the past due amounts of each utility category (Water and/or Sanitary Sewer), and will be added to the amount owed. Tax Transfer (November 15): If full payment is not received by November 15, the past due amounts, plus penalties, will be levied as a tax against the owner’s property. This action will be taken in accordance with Wis. Stat. § 66.0809 (3). There is no exception from the tax levy for rental property although additional provisions may apply to certain rental properties as described below. If the property provided with utility service is residential rental property, and the Utility has a Owner/Tenant Agreement wherein it is stated that the tenant is responsible for payment of utility charges at the rental dwelling unit, Wisconsin law grants the Utility a lien upon the responsible tenant’s personal assets in the amount of the past due amount plus penalties. The lien becomes effective if a Pre-Tax Notice is mailed to the tenant on October 15. If the tenant responsible for the past due utility charges pays the full amount plus penalties owed to the Utility by November 15, this lien is automatically extinguished. If the tenant fails to pay the full amount owed to the Utility by November 15, the Utility may file notice of all delinquent tenant accounts with liens in effect with the Walworth County Clerk of Courts. If the owner pays the past due utility charges plus penalties owed by the tenant, whether before or after November 15, Wisconsin law requires the Utility to transfer its lien on the tenant’s personal assets to the owner. The owner may then file notice of the lien with the Walworth County Clerk of Court, and notice of the lien will appear under the tenant’s name in the Wisconsin Consolidated Court Automated Program (CCAP). The owner may thereafter take action to enforce the lien against the tenant’s personal assets. This information is provided in accordance with Wis. Stat. § 66.809 (3m)(a) and (b). |