Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 326-360 - General, Part II › Chapter SPS 326 - Manufactured Home Communities › Subchapter I - Administration and Enforcement › Section SPS 326.09 - Enforcement

Current through June 24, 2024
(1) ACCESS. An authorized employee or agent
					 of the department, upon presenting proper identification if requested, shall be
					 permitted to enter any manufactured home community at any reasonable time for
					 the purpose of inspecting the manufactured home community to determine
					 compliance with this chapter. The department's authorized employee or agent
					 shall be permitted to examine the records of the manufactured home community
					 pertinent to this chapter, including manufactured home community registration
					 records.
(2) ENFORCEMENT POLICY.
(a)
Notification.
If upon
					 inspection of a manufactured home community the authorized employee or agent of
					 the department finds that the manufactured home community is not planned,
					 operated or equipped as required by this chapter, the employee or agent shall,
					 except as provided under par. (b), notify the manufactured home community
					 operator in writing. The notice shall specify the changes required to make the
					 manufactured home community conform to the standards established in this
					 chapter and the time period within which compliance shall take place.
Note:
Section
						101.935(2)
						(b), Stats., requires the department to hold
						a hearing in accordance with ch. 227, Stats., before suspending or revoking a
						permit for violations of this chapter.
(b)
Order to deal with an immediate
					 danger to health.
Where there is reasonable cause to believe that any
					 construction, sanitary condition, operation or method of operation of the
					 premises of a manufactured home community, or of equipment used on the
					 premises, creates an immediate danger to health, an authorized designee of the
					 administrator of the department's division of industry services, pursuant to s.
					 101.935(2)
					 (e), Stats., may without advance written
					 notice, issue a temporary order to remove the immediate danger to health. The
					 authorized designee may issue a monetary forfeiture to the manufactured home
					 community operator for each day the danger is present after it has been
					 identified. That order shall take effect on the delivery to the operator or
					 other person in charge of the manufactured home community. The order shall be
					 limited to prohibiting the continued operation or method of operation of
					 specific equipment, requiring the premises to cease other operations or methods
					 of operations that create an immediate danger to health, or a combination of
					 these, except that if a more limited order will not remove the immediate danger
					 to health the order may direct that all operations authorized by the permit
					 shall cease. If before scheduled expiration of the temporary order the
					 department determines that an immediate danger to health does in fact exist,
					 the temporary order shall remain in effect. The department shall then schedule
					 and hold a hearing pursuant to ch. 227, Stats., unless the immediate danger to
					 health is removed or the order is not contested and the operator and the
					 department mutually agree that no purpose would be served by a
					 hearing.