(A) Emergency. The building official shall have the authority to disconnect any utility service or energy supplied to any building, ATS, structure or building service equipment therein regulated by this chapter or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall whenever possible notify the serving 18 utility, the owner, and the occupant of the building, ATS, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, ATS structure or building service equipment, in writing, of such disconnection immediately thereafter. Upon demand, the owner and/or occupant shall be granted an immediate post disconnect hearing by the building official.
(B) Non-Emergency Disconnection. The building official shall have the authority to disconnect any utility service or energy supplied to a building, ATS structure or building service equipment therein regulated by this chapter or the technical codes where notification has been provided and where one or more codes are believed to be in violation therein.
Disconnection of utilities is authorized where an electric or natural gas service has been connected to a building, ATS, structure, mobile home, trailer or recreational vehicle which has not been approved for occupancy or operation at that site; or, where a permit for temporary power has expired and the electrical connection is still in use.
(1) Notification. The building official shall issue a notice and order directed to the owner of the building, ATS, structure, mobile home, trailer or recreational vehicle and the occupant thereof by personal service or certified mail (return receipt) and posting the entrance of such building, ATS, structure, mobile home, trailer, or recreational vehicle. If the building official is unable to notify the owner, or occupant by personal service or certified mail, the posting of the entrance of such building, ATS, structure, mobile home, trailer, or recreational vehicle shall be considered proper and sufficient notification. The notice and order shall contain:
(a) The street address and a legal description sufficient for identification of the premises upon which the building or structure is located.
(b) A statement that the building official has determined one or more codes (to be specified in detail) to be in violation therein and that disconnection of utility service(s) or energy connections is authorized by this chapter.
(c) A statement of the action to be taken as determined by the building official which may range from a voluntary disconnection on the part of the owner within a time certain to involuntary disconnection at a time certain if specific action is not accomplished, such as but not limited to application for a zone variance or removal of a mobile home, trailer, recreational vehicle, or other building, ATS, or structure.
(d) Statements advising that if the stated action to be taken by the owner is not accomplished within thirty days from the date of service, the building official may order the utility to disconnect service, with the costs for such action to be borne by the owner. Responsibility for damages, losses, and liabilities consequent with the loss of power shall be borne by the owner and not Clark County or its employees.
(e) Statements advising: (1) that any person having any record title or legal interest in the building, ATS, structure, mobile home, trailer or recreational vehicle may appeal from the notice and order to the building official within fifteen days from the date of service of such notice and order; (2) that it is assumed that those referred to as having title or legal interest include the occupant; and (3) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. If the owner or occupant can conclusively demonstrate the likelihood of loss of human life or serious health endangerment consequent to a loss of power to the site and further can conclusively demonstrate inability to provide alternate living arrangements for the endangered person, then the building official shall not order disconnection until such time as a final determination is made by the building official.
(2) Right of Appeal. Any permit holder, owner or surety, who believes that no default as described above has occurred, may, within fifteen days after date of service of the notice and order, apply in writing to the building official for an appeal. The building official shall process the hearing of the appeal. This hearing process constitutes the sole administrative recourse provided. Failure to appeal within fifteen days of the date of such notice and order will constitute a waiver of all right to an administrative hearing and determination in the matter.
(3) Enforcement. After any notice and order of the building official made pursuant to this chapter shall become final, no person to whom any such notice and order is directed shall fail, neglect or refuse to obey any such notice and order. Any such person who fails to comply with any such notice and order is guilty of a misdemeanor. In addition, the building official shall post the building, ATS, structure, mobile home, trailer or recreational vehicle at each entrance thereto a notice stating that the utility/energy connection (specify) will be disconnected on a specified date. Further, it shall be a misdemeanor to remove or deface the notice or to interfere with the posting of the notice or the disconnection of any utility under the provisions of this chapter. Failure of a utility to obey the order of the building official to disconnect services upon a written demand is a misdemeanor.
(4) Notice to the Serving Utility. When utility service or energy to a such building, ATS, structure, mobile home, trailer or recreational vehicle is to be disconnected, a written notice of such disconnection and causes therefore shall be provided at least twenty-four hours prior to such disconnection to the serving utility, the owner and the occupants of such building, structure, mobile home, trailer or recreational vehicle or premises. (Ord. 3618 § 2 (part), 2008)