A. Construction Required: Every person owning, operating, occupying, or renting a building or structure within a district shall construct and provide that portion of the service connection of his/her property between the facility referred to in Section 7-7-9 and the termination facility on or within said building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 7-7-4 hereof, the City Manager shall give notice in writing to the person in possession of such premises and a notice in writing to the owner thereof as shown on the last equalized assessment roll to provide the required underground facilities within ten (10) days after receipt of such notice.
B. Notice To Owner: The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Corcoran. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Manager shall, within forty eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches (8" x 10") in size, to be posted in a conspicuous place on said premises.
C. Work Done By City; Costs A Lien: The notice given by the City Manager to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty (30) days after receipt of such notice, the City Manager shall provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.
D. Removal Of Overhead Service: If upon the expiration of the thirty (30) day period, the said required underground facilities have not been provided, the City Manager shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Manager, in lieu of providing the required underground facilities, shall authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Manager, the City Manager shall file a written report with the City Council setting forth the fact that required underground facilities have been provided and the cost thereof, together with a legal description of the property against which the cost is to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall be not less than ten (10) days thereafter.
E. Hearing Of Protests: The City Manager shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.
F. Council Decision: Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify, or reject the assessment.
G. Assessment; Lien: If any assessment is not paid within five (5) days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Manager, and the City Manager is directed to turn over to the County Assessor and Tax Collector a notice of lien on each of said properties on which the assessment has not been paid, and said County Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable and if not paid when due and payable, shall bear interest at the established rate. (Ord. 262 N.S., 12-2-1968, eff. 1-2-1969; 1996 Code)