(a) Any structure determined by the Building Inspector to be vacant and unsafe as defined in this chapter and for which utility service, including gas, electric, water, and sewer or other utility as identified by the Building Inspector, has not been shut-off poses an immediate risk of harm from explosion, fire, or flooding and is therefore declared to be a nuisance which shall be abated by shut-off of all utility service to such structure.
(b) When notified by the Building Inspector or designee, no Utility shall fail to shut-off its service to any vacant and unsafe structures within ten (10) calendar days of receipt of written notice.
(c) Notice shall be served on the Utility by certified mail, or e-mail address acknowledged by the Utility as a proper means of providing notice to the Utility. The handing of the notice to the person designated to receive the notice shall be deemed actual notice and is legal and valid service and no other form of service is necessary. It shall be the responsibility of the Utility to designate a person to receive the notice provided for in this section. Beginning July 1, 2018, and as often as necessary to ensure that the Village has current information, all gas and electric utility providers shall provide to the Building Inspector the name, address, telephone number, and e-mail address of the person designated to receive Village notices.
(d) No later than two (2) business days following the utility service shut-off, the Utility shall notify the Building Inspector of the date and time that the Utility shut-off the utility service. The notice will be in the form requested by the Building Inspector.
(e) For the purposes of this section:
(1) "Utility" means any company in the business of providing electric, water, sanitary sewer, gas, telephone, cable or other utility service to a building or structure.
(2) "Vacant" means that no person actually and legally resides in any part of the structure or that no person conducts a lawful business in any part of the structure.
(3) "Shut-off" means to stop the flow of gas, electricity, water, sanitary sewer, or other utility service from entering the premises. For underground utilities, shut-off shall be accomplished by disconnecting the service at the street and for overhead utilities, disconnection shall be at the pole.
(f) In the event of any actual or threatened violation of this section or in an emergency situation, the Director of Law, in addition to other remedies provided by law, may institute proper suit in equity or at law to prevent or terminate such violation or remedy such situation.
(g) The Building Inspector may promulgate rules and regulations to enforce this section. (Ord. 2018-10. Passed 3-12-18.)