(a) Required. Whenever any public utility company has relocated its overhead utility lines and related facilities underground in compliance with § 14-7.1 or any general improvement district project, any property owner or lessee whose property abuts the street in which such underground facilities are located, and who receives services from such public utility company by means of the overhead utility lines to be replaced thereby, shall provide underground lateral connection at the owner’s expense, which meets the standards of such public utility company, upon receipt of notice as hereinafter provided.
(b) Notice to connect. Upon completion of the relocation of utility lines and related facilities, the chief engineer or the director of community services in the case of urban renewal and rehabilitation projects, is authorized and empowered to notify the owner or lessee of such abutting property to provide lateral connection to the underground facilities at such person’s own expense. Such notice shall be by certified mail, addressed to the owner or lessee at the street address of such abutting property.
(c) Form of notice. The notice shall describe the work to be done and shall state that if the work is not commenced within 30 calendar days after notice is given and diligently prosecuted to completion without interruption, the chief engineer or director of community services shall provide the necessary lateral connection and the cost thereof shall be a lien on the property.
(d) Chief engineer or director of community services to keep record. The chief engineer or director of community services shall cause to be kept in such person’s office a permanent record containing:
(1) A description of each parcel of property for which notice to connect has been given;
(2) The name of the owner or lessee;
(3) The date on which such notice was mailed;
(4) The charges incurred by the city in providing the necessary lateral connection and all incidental expenses in connection therewith; and
(5) A brief summary of the work performed.
Each such entry shall be made as soon as practicable after completion of such act.
(e) Action upon noncompliance. Upon failure, neglect, or refusal of any owner or lessee so notified to commence work to provide the necessary lateral connection within 30 calendar days after notice has been given as hereinbefore provided, the chief engineer or director of community services is authorized and empowered to pay for providing the necessary lateral connection out of city funds or to order such work by city employees. The chief engineer or director of community services and their authorized representatives, including any contractor with whom they contract under this section, and assistants, employees, or agents of such contractor, are authorized to enter upon the property for the purpose of providing the necessary lateral connection described in the notice. Before the chief engineer or director of community services or their authorized representative or contractor arrives, any property owner or lessee may provide the necessary lateral connection at such person’s own expense.
(f) Charges. When the city has provided the necessary lateral connection, the owner of such property shall be billed for the cost thereof. If the bill is not paid within 30 days after the mailing date of such bill, the owner shall be liable for payment of penalty at the rate of 6 percent per year for each month or fraction of a month of delinquency in payment. The chief engineer or director of community services shall furnish the director of budget and fiscal services details showing the cost and expense incurred for the work, the date of work completion, and such other information as may be deemed necessary to enable the director of budget and fiscal services to bill the property owner. The director of budget and fiscal services shall be responsible for the collection of the charges due the city.
(g) Mechanic’s and materialman’s lien procedure. Any work done by the city under this section is deemed to be done pursuant to quasi contract or constructive contract between the city and the owner. Based on the foregoing contractual relationship, if the owner fails to pay the amount duly noted on the statement filed by the director of budget and fiscal services, the corporation counsel may proceed to file a mechanic’s and materialman’s lien pursuant to HRS Chapter 507, Part II, or any other appropriate lien procedures.
(Sec. 20-6.2, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 14, Art. 22, § 14-22.2) (Am. Ord. 89-60)