Baltimore City Council
File #: 07-0701    Version: 0 Name: Dwelling Units - Utility Cut-Offs
Type: Ordinance Status: Failed - End of Term
File created: 6/4/2007 In control: City Council
On agenda: Final action: 12/5/2007
Enactment #:
Title: Dwelling Units - Utility Cut-Offs FOR the purpose of requiring gas and electric utilities to provide certain notices before terminating service to a dwelling; requiring the Fire Department to inspect for and, if needed, install smoke detectors in dwellings to which the electricity has been cut off; requiring the Housing Commissioner to revoke the occupancy permit of a dwelling to which the gas or electricity has been cut off; and generally relating to the termination of gas or electric service.
Sponsors: Belinda Conaway, President Young, Nicholas C. D'Adamo, Robert Curran, Helen L. Holton, Mary Pat Clarke, Edward Reisinger, Keiffer Mitchell, Sharon Green Middleton, James B. Kraft, Agnes Welch, Vernon E. Crider
Indexes: Cut-off, Dwellings, Utility
Attachments: 1. 07-0701 - 1st Reader.pdf

EXPLANATION: CAPITALS indicate matter added to existing law.

[Brackets] indicate matter deleted from existing law.

 

                     * WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.

                     THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.

                     INTRODUCTORY*

 

                     CITY OF BALTIMORE

                     COUNCIL BILL          

                                                                                                                                                           

Introduced by:  Councilmember Conaway                                                                                        

 

                     A BILL ENTITLED

 

AN ORDINANCE concerning

Title

Dwelling Units - Utility Cut-Offs

 

FOR the purpose of requiring gas and electric utilities to provide certain notices before terminating service to a dwelling; requiring the Fire Department to inspect for and, if needed, install smoke detectors in dwellings to which the electricity has been cut off; requiring the Housing Commissioner to revoke the occupancy permit of a dwelling to which the gas or electricity has been cut off; and generally relating to the termination of gas or electric service.

Body

BY adding

Article 13 - Housing and Urban Renewal

Section(s) 10A-1 to 10A-7, to be under the new subtitle,

"Subtitle 10A.  Utility Cut-Offs"

Baltimore City Code

(Edition 2000)

 

SECTION 1.  BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:

 

                     Baltimore City Code

 

                     Article 13.  Housing and Urban Renewal

 

                     SUBTITLE 10A.  UTILITY CUT-OFFS

 

§ 10A-1.  DEFINITIONS.

 

(A)  IN GENERAL.

 

IN THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE MEANINGS INDICATED.

 

(B)  COMMISSIONER.

 

"COMMISSIONER" MEANS THE COMMISSIONER OF HOUSING AND COMMUNITY DEVELOPMENT OR THE COMMISSIONER'S DESIGNEE.

 

 

 

(C)  DWELLING UNIT.

 

"DWELLING UNIT" HAS THE MEANING STATED IN § 202.2 OF THE PROPERTY MAINTENANCE CODE OF BALTIMORE CITY.

 

§ 10A-2.  IN  GENERAL. 

 

BEFORE IT TERMINATES SERVICE TO A DWELLING UNIT IN THE CITY, A GAS OR ELECTRIC UTILITY MUST PROVIDE THE NOTICES REQUIRED BY THIS SUBTITLE, IN ADDITION TO ANY OTHER NOTICES REQUIRED BY LAW.

 

§ 10A-3.  NOTICE OF INTENT. 

 

AT LEAST 7 DAYS BEFORE TERMINATION OF SERVICE, THE UTILITY MUST:

 

(1)                     NOTIFY THE COMMISSIONER IN WRITING OF THE PENDING TERMINATION; AND

 

(2)                     PROVIDE, BY FIRST CLASS MAIL, TO THE OWNER OF THE DWELLING, AS LISTED IN THE RECORDS OF THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION:

 

(I)                     A COPY OF THE NOTICE TO THE COMMISSIONER; AND

 

(II)                     A WARNING THAT THE TERMINATION OF GAS OR ELECTRIC SERVICE MAY RESULT IN REVOCATION OF THE OCCUPANCY PERMIT ISSUED UNDER THE BUILDING CODE.

 

§ 10A-4.  NOTICE OF TERMINATION.

 

AT THE TIME OF TERMINATION OF SERVICE, THE UTILITY MOST NOTIFY THE COMMISSIONER AND THE FIRE DEPARTMENT OF THE TERMINATION.  THIS NOTICE MAY BE GIVEN BY FACSIMILE OR ELECTRONIC MAIL.

 

§ 10A-5.  INSPECTION FOR SMOKE DETECTORS.

 

(A)  FIRE DEPARTMENT TO INSPECT.

 

ON NOTICE THAT ELECTRIC SERVICE TO A DWELLING UNIT HAS BEEN TERMINATED, THE FIRE DEPARTMENT SHALL UNDERTAKE AN ON-SITE INSPECTION OF DWELLING UNIT TO DETERMINE WHETHER THE UNIT IS EQUIPPED WITH BATTERY-OPERATED SMOKE DETECTORS.

 

(B)  INSTALLATION REQUIRED.

 

IF THE DWELLING UNIT DOES NOT HAVE THE REQUISITE NUMBER OF BATTERY-OPERATED SMOKE DETECTORS, THE FIRE DEPARTMENT SHALL INSTALL THEM.

 

§ 10A-6.   REVOCATION OF OCCUPANCY PERMIT.

 

ON NOTICE THAT GAS OR ELECTRIC SERVICE TO A DWELLING UNIT HAS BEEN TERMINATED, THE COMMISSIONER SHALL REVOKE THE OCCUPANCY PERMIT FOR THAT DWELLING UNIT AND MAY NOT REINSTATE THE PERMIT UNTIL THE SERVICE HAS BEEN REINSTATED.

 

 

§ 10A-7.   RULES AND REGULATIONS.

 

(A)  COMMISSIONER MAY ADOPT.

 

THE COMMISSIONER MAY ADOPT RULES AND REGULATIONS TO CARRY OUT THIS SUBTITLE.

 

(B)  FILING WITH LEGISLATIVE REFERENCE.

 

A COPY OF ALL RULES AND REGULATIONS ADOPTED UNDER THIS SUBTITLE  MUST BE FILED WITH THE DEPARTMENT OF LEGISLATIVE REFERENCE.

 

SECTION 2.  AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.

 

SECTION 3.  AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.

 

dlr07-1361~intro/31May07

art13/gas, elect cutoff/aa:me

 

 

dlr07-1361~intro/31May07

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