A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his property between the facilities referred to in section 9-2-8 of this chapter 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 9-2-3 of this chapter, the city engineer 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. 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 of said city. If a 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 engineer 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. The notice given by the city engineer 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 engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon such property.
D. If, upon the expiration of the thirty (30) day period, the said required underground facilities have not been provided, the city engineer shall forthwith proceed to do the work; provided, however, if such premises is unoccupied and no electric or communications service is being furnished thereto, the city engineer shall, in lieu of providing the required underground facilities, have the authority to order 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 engineer, he shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and cost thereof, together with a legal description of the property against which such cost is to be assessed. The city 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 not be less than ten (10) days thereafter.
E. The city engineer 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 city 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. Upon the date and hour set for the hearing of protest, the city council shall hear and consider the report and all protests, if any there be, and then proceed to affirm, modify or reject the assessment. (Ord. 638, 4-21-1981)
G. If any assessment is not paid within five (5) days after its confirmation by the city council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the city engineer, and he is directed to turn over to the assessor and tax collector a notice of lien on each of said properties on which the assessment has not been paid, and said assessor or 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 been 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 current rate for judgments in civil cases. (Ord. 638, 4-21-1981; amd. 2007 Code)