A. Permanent Connection Of Service Utilities: No person shall permanently connect or reconnect any water, sewer, electrical or gas utility, or source of energy, fuel or power to any building, structure or building service equipment system, or any system connected to a building, structure or building service equipment system that is regulated by this Code, without the prior written approval of the building official. No such connection or reconnection to a source of energy, fuel or power shall be permitted if the use will likely result in an unsafe condition or imminent danger.
B. Temporary Connection: Upon written request, the building official may authorize the temporary connection of a building or structure, or a building service equipment system connected to a building or structure to a utility that provides a source of energy, fuel or power for a period not to exceed ninety (90) days. No such temporary connection to a source of energy, fuel or power shall be permitted if the use will likely result in an unsafe condition or imminent danger.
C. Authority To Order Disconnection Of Utilities And Other Energy Sources:
1. Imminent Danger:
a. Scope Of Authority: The building official may order the disconnection of any utility service or energy supplied to any building, structure or building service equipment system regulated by this Code in the event the building official determines such disconnection is needed to eliminate or mitigate an imminent danger.
b. Duration: A disconnection order issued because of an imminent danger shall be for only such period as the risk of imminent danger remains.
c. Notice: The building official shall, as soon as reasonably practicable: 1) use any reasonable means of communication to notify the serving utility, the owner and the occupant of the building, structure or building service equipment system of a decision to order a disconnection due to an imminent danger, and 2) post an appropriate placard warning of the imminent danger at or near the entrance of the affected building or structure.
d. Posting At Entrance Of Building Or Structure: Notwithstanding any other provision in this chapter, if the building official is unable to notify the owner or occupant of an order issued pursuant to this subsection, posting a placard in a visible location at or near the entrance of the affected building or structure shall satisfy the notice requirements of this subsection.
e. Appeal: Any person aggrieved by a disconnection due to an imminent danger shall have the right to immediately appeal the decision of the building official to the City Manager or the City Manager's designee, which appeal may be communicated to the City Manager or the City Manager's designee in writing, verbally, by electronic mail or by telephone. The City Manager or the City Manager's designee, upon receiving actual knowledge of the appeal from the person aggrieved and the grounds therefor may affirm, modify or reverse the decision of the building official. An aggrieved person may only appeal a disconnection order of the building official pursuant to this subsection while the disconnection order is in effect; provided, nothing herein shall in any way limit an aggrieved person's right to appeal a decision of the building official pursuant to any other applicable provision of this Code.
2. Unsafe Condition:
a. Scope Of Authority: The building official may order the disconnection of any utility service to a building, structure or building service equipment system if the connection has not been approved in the manner required by this Code or is otherwise in actual violation of this Code, or if the connection creates an unsafe condition.
b. Connections Prohibited By Order To Disconnect: No person shall connect or reconnect a building, structure or building service equipment system to any public utility or energy supply if prohibited by a disconnection order issued by the building official pursuant to this subsection without prior authorization from the building official.
c. Notification:
(1) Order To Disconnect: If a utility service or energy supply to a building, structure or building service equipment system must be disconnected due to an immediate hazard in accordance with this section, a disconnection order and basis therefor shall be provided as soon as reasonably practicable to the serving utility, the owner of such building, structure, or building service equipment system and any occupants of the building or structure as soon as reasonably practicable. Except as otherwise provided herein, whenever the building official issues a disconnection order pursuant to this subsection, the order shall be in writing and directed to the owner of the affected building, structure or building service equipment system, and any occupants of the building or structure by:
(A) Personal service or certified mail, return receipt requested; and
(B) Posting a placard at or near the entrance of the affected building or structure.
(2) Posting At Entrance Of Building Or Structure: Notwithstanding any other provision in this chapter, if the building official is unable to notify the owner or occupant of a disconnection order by personal service or certified mail, posting a placard in a visible location at or near the entrance of the affected building or structure shall satisfy the notice requirements of this subsection.
d. Contents Of Order: Any order issued by the building official pursuant to this subsection due to an unsafe condition shall contain, at a minimum, the following information:
(1) The street address and a location description sufficient for identification of the real property upon which the building, structure or building service equipment system is located;
(2) A statement identifying the specific Code provisions being violated and explaining the reason for the notice and/or order; and
(3) A directive ordering the person in violation make the repairs, improvements or other corrections required to bring the building, structure or building service equipment system into compliance with the applicable provisions of this Code within a specified period of time.
e. Cessation Of Use Or Occupancy: The building official may order the owner or occupant of a building or structure to cease use or occupancy based on an unsafe condition until the unsafe condition no longer presents a threat to human health or safety. (Ord. 820, 7-11-2017)