Chapter 15.16

DANGEROUS, UNSAFE OR INSANITARY CONSTRUCTION

Sections: 15.16.010 Dangerous and unsafe or insanitary construction-Public nuisance. 15.16.020 Dangerous and unsafe or insanitary construction-Abatement procedure. 15.16.030 Dangerous and unsafe or insanitary construction-Disconnection of electrical services. 15.16.040 Dangerous and unsafe or insanitary construction-Disconnection of gas service. 15.16.050 Dangerous and unsafe or insanitary construction-Disconnection of sewer service. 15.16.060 Dangerous or unsafe or insanitary construction-Disconnection of water service. 15.16.070 Dangerous or unsafe or insanitary construction-Disconnection of all utilities. 15.16.080 Disconnection of utilities-Notice. 15.16.090 Disconnection of utilities-Method of serving notice. 15.16.100 Disconnection of utilities-Violation of order. 15.16.110 Additional enforcement procedure.

Any portion of the construction, or electrical system or plumbing system or gas system of, or in, any building, structure or on any property that the manager finds to be defective, unsafe, insanitary, or dangerous to persons or property is declared to be a public nuisance. (Prior code § 9.01.023)

Whenever the manager is informed that any unsafe electrical installation exists, that any insanitary condition exists, that any unsafe gas installation exists, or, that any construction, work or equipment regulated by this code is dangerous, unsafe, insanitary, or a menace to life, health, or property or otherwise in violation of this code, he or she shall investigate such alleged condition. If the manager finds that such alleged condition exists, he or she may order the person maintaining such condition or responsible for the use or maintenance thereof to discontinue the use or maintenance of such condition or to repair, alter, change, remove, or demolish the condition as the manager may consider necessary for the proper protection of life, health, or property. (Prior code § 9.01.024)

Whenever the manager finds any installation of electrical wiring, appliance, device or equipment to be defective or to have been installed, changed or altered, or to be operated or used in a manner or under conditions that create a condition dangerous to life, health or property or contrary to the provisions of this code or any law, ordinance, rule or regulations pertaining thereto, the manager may order any person supplying electricity to such installation, wiring, appliances, devices or equipment, to discontinue supplying electricity thereto until such defective, dangerous, or unlawful conditions are corrected to comply with the provisions of this code.

No person supplying the electrical energy to any electrical equipment shall fail, neglect, or refuse to immediately disconnect the supply or service wires and to discontinue the supply of

electrical energy to such electrical equipment when notified and directed to do so in accordance with the provisions of this code. (Prior code § 9.01.025)

Whenever the manager finds any installation of gas piping or any gas appliance to be defective or to have been installed, changed or altered, or to be operated or used in a manner or under conditions that create a condition dangerous to life, health or property, or contrary to the provisions of this code, or any law, ordinance, rule or regulation pertaining thereto, the manager may order any person supplying gas to such piping or appliance to discontinue supplying gas thereto or to the building containing such defective or dangerous installation until such time as such condition is corrected. If any gas piping is installed and connected to the gas supply without first having been tested and approved by the manager, as prescribed in the Uniform Plumbing Code, it shall be prima facie evidence that such

installation is sufficiently defective and dangerous to warrant disconnection of gas service. (Prior code § 9.01.026)

Whenever the manager finds any sewer piping or sanitary fixture connected to a sewer to be insanitary, defective or dangerous, the manager may order the disconnection of city sewer service to the premises on which said defective piping or fixture is located until such condition is corrected. If sewer service is ordered disconnected pursuant to this section, the water service to the premises shall also be disconnected in order to prevent the accumulation of sewage on the premises. (Prior code § 9.01.027)

Whenever the manager finds any water pipes or water fixtures to be defective or dangerous, the manager may order the city water department or other water supplier to discontinue supplying water to the premises on which the defective piping or fixture is located until such condition is corrected. (Prior code § 9.01.028)

Whenever the manager finds that a building or structure is open to transients, accessible to children or used by unauthorized persons for purposes creating a public nuisance, and that the disconnection of utilities to the building or structure is necessary to prevent the creation of a hazard to life, health or property, he or she may order the disconnection of all utilities to such building or structure. (Prior code § 9.01.029)

A. Except in cases of immediate hazard to human life of property, prior to the disconnection of any utility services under the provisions of this chapter, the manager shall give ten (10) days written notice to the person occupying the premises and to the owner of the premises provided, that where utilities are ordered disconnected pursuant to Section 15.16.070 of this chapter, the manager may notify the owner of his or her action after ordering the utilities disconnected and provided further, in cases of immediate hazard to human life or property the manager may order the immediate disconnection of the utilities involved provided, however, that the manager shall comply with the notice provisions herein as soon as possible thereafter.

B. When the premises containing a utility installation which is ordered disconnected are located within a building or upon property which contains multiple occupancies, the manager may order the disconnection of utilities which serve other occupancies or which serve the entire building or property whenever the manager determines that the disconnection of such utilities is necessary to provide adequate protection from potential hazards and dangers which may be caused by the unsafe, insanitary or dangerous utilities, installation or condition. (Prior code § 9.01.030)

Service of the notice shall be made upon the persons entitled thereto either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested, to each such person at his or her address as it appears on the last equalized assessment roll of the county or as known to the manager. If for any such person no address so appears, or no such address is known to the manager, a copy of the notice and order shall be so mailed, addressed to such person, at the address of the premises on which the utility disconnection will take place. When the manager is unable to ascertain the name of the occupant of the premises he or she shall provide notice by posting the premises in a conspicuous place or by mailing a copy of such notice addressed to the occupants at the premises.

No failure of any person entitled to notice pursuant to this section to receive such notice shall affect the validity of any action taken by the manager. (Prior code § 9.01.031)

Refusal, failure or neglect to comply with any proper notice or order issued by the manager pursuant to this code, is a violation of this code. (Prior code § 9.01.032)

In addition to any enforcement procedure prescribed by this code, the manager may institute proceedings under Chapter 8.96 of the Sacramento City Code (Dangerous Building Code) to have the structure in which any dangerous or insanitary condition exists abated as a public nuisance. (Prior code § 9.01.033)