(a) Any structure determined by the Director of Building and Housing to be vacant and unsafe as defined in Section 3103.09 and for which utility service, including gas, electric and water, or other utility as identified by the Director of Building and Housing, 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.
(b) When notified by the Director or his or her designee, no Utility shall fail to shut-off its service to any vacant and unsafe structure within ten (10) calendar days of receipt of written notice. Notice shall be served on the Utility by facsimile, e-mail, or certified mail. 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 June 1, 2008, and as often as necessary to ensure that the City has current information, the Utility shall provide to the Director the name, address, telephone number, fax number, and email address of the person designated to receive City notices.
(c) No later than two (2) business days following the utility service shut-off, the Utility shall notify the Director of the date and time that the Utility shut-off the utility service. The notice will be in the form requested by the Director.
(d) For purposes of this section:
(1) “Utility” means any company, in the business of providing electrical, water, 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 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.
(e) In the event of any actual or threatened violation of this section or 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.
(f) The Director may promulgate rules and regulations to enforce this section.
(Ord. No. 835-10. Passed 8-18-10, eff. 8-20-10)