It is the purpose of this chapter to provide a just, equitable,
and practicable method whereby utilities served by a public utility
may be disconnected from structures or properties.
(Ord. CS 625 §11, 1996)
Section 112 of the 2022
California Building Code, Chapter 1
Division II Scope and Administration, Section 112.3 "Authority to
disconnect service utilities" is amended to read as follows:
The Chief Building Official shall have the authority to authorize
disconnection of utility service to the building, structure or system
regulated by this code in case of an emergency where necessary to
eliminate an immediate hazard to life or property. The Chief Building
Official shall notify the serving utility, and wherever possible the
owner and occupant of the building, of the decision to disconnect
prior to taking such action under the following conditions:
A. There
is an immediate hazard to life or property.
B. Continued
use of public utilities present a hazard to life or property.
C. The
public interest is served by removing the utilities.
D. The
lack of maintenance presents a hazard to life or property.
E. The
utilities contribute to the structure being an active nuisance.
F. The
structure has been posted "UNSAFE TO OCCUPY," and the disconnection
of the utilities will deter illegal reoccupation of the structure.
G. Modifications
have been made to a structure or equipment and said modifications
create a hazard to life or property.
(Ord. CS 1333 §16, 2022)
A. When the chief building official has determined that utilities are to be disconnected in accordance with Section
16.45.030, he or she shall notify the owner of the property. The notice shall state the nature of the hazard and the length of time for the owner to correct or eliminate the hazard.
B. The
notice shall be in writing and shall be posted in a conspicuous place
upon the property for a period of seven days and be mailed to the
property owner as shown on the assessment roll. The mailed notice
shall be accompanied by a copy of this chapter.
(Ord. CS 625 §11, 1996; Ord. CS 1017 §29, 2007)
If the property owner objects to the determination of the chief building official that the condition of the property is such as is described in Section
16.45.030, the property owner may file an objection in writing with the board of supervisors through the department of planning and community development within seven days after the date of the notice, and the objection shall be heard as soon thereafter as the business of the board will permit. If the board upholds the determination of the chief building official, the property owner shall be allowed seven days thereafter to comply after which the procedure in Section
16.45.040 shall be employed. If the board does not uphold the determination of the chief building official, such action may be taken as the board directs.
(Ord. CS 625 §11, 1996; Ord. CS 1017 §30, 2007)
If, at the end of the period set forth in Section
16.45.040, the owner has failed to comply with the notice or has not successfully objected thereto, the chief building official shall cause the utilities to be disconnected.
(Ord. CS 625 §11, 1996)