(a) Any structure determined by the Director of Public Safety to be vacant and unsafe and for which utility service, including natural gas, electric and water, or other utility as identified by the Director of Public Safety, has not been shut off, poses a risk of harm from fire, explosion, 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 of Public Safety, or designee, no utility shall fail to shut off its service to any nuisance structure within 30 days of receipt of written notice. Notice shall be served on the utility by facsimile, e-mail, or other certified mail to those names provided by the utility as points of contact. 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(s) to receive the notice provided for in this section. Upon effective date of this section, and as often as necessary to ensure that the City has current information, the utility shall provide to the Director of Public Safety the name, address, telephone number, fax number and e-mail address of the person(s) designated to receive City notices related to utility shut-off notices.
(c) No later than three business days following the utility service shut-off, the utility shall notify the Director of Public Safety of the date the utility shut off the utility service. The notice will be in the form of facsimile, e-mail, or other certified mail.
(d) For purposes of this section:
(1) "Nuisance" means a structure declared by City to be vacant, unsafe, and in which utility service may pose a risk of harm from fire, explosion or flooding.
(2) "Shut-off” means to stop the flow of gas, electricity, water or other utility service from entering the premises. For underground utilities, “shut-off” means disconnection at the street, and for overhead utilities, disconnection shall be at the pole.
(3) "Utility" means any company, in the business of providing electrical, water, natural gas, telephone, cable or other utility service to a structure.
(4) "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.
(e) The City will hold the utility companies harmless against any and all claims and costs arising from any ordered shut off.
(f) This section will take effect 90 days after a list of nuisance structures from the Director of Public Safety is furnished to the utility to allow sufficient time to address pre-existing applicable structures.
(g) At least annually on a date mutually determined by the City and the utility, a meeting shall be held to review this section and identify any needed process or communication improvements.
(h) This section shall not in any manner be construed to relieve a property owner of any legal obligations with respect to keeping the property in good repair, including, but not limited to requirements set forth in Parts 15 and 17 of the Parma Codified Ordinances, and specifically including, but not limited to Chapter 1715 “Registration of Vacant Buildings” of the Parma Codified Ordinances.
(Ord. 195-10. Passed 4-4-11.)