§ 15.03.027 RESPONSIBILITY OF PROPERTY OWNERS.
   (A)   Every person owning a building or structure, and every applicant for a zoning approval or other entitlement as specified in this section, the applicant, whether 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 or her property between the facilities referred to in § 15.03.026 and the termination facility on or within the building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.
   (B)   In the event any person described in division (A) of this section does not comply with the provisions of division (A) within the time provided for in the resolution enacted pursuant to § 15.03.021, the Director of Planning shall post written notice on the property being served and 30 calendar days thereafter shall have the authority to request the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property.
   (C)   In the alternative, if the above described work is not accomplished by any person described in division (A) of this section within the time provided for in the resolution enacted pursuant to § 15.03.021 of this chapter, the Director of Planning shall give notice in writing to the person in possession of the 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 calendar days after receipt of the notice.
      (1)   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 the premises at the premises, and the notice must be addressed to the owner thereof as the owner’s name appears, and must be addressed to the 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 Hollister. If notice is given by mail, the notice shall be deemed to have been received by the person to whom it has been sent within 48 hours after the mailing thereof. The Director of Planning shall also cause a copy thereof, printed on a card not less than eight inches to ten inches in size, to be posted in a conspicuous place on the premises.
      (2)   The notice given by the Director of Planning to provide the required underground facilities shall particularly specify that work is required to be done and that the work shall be accomplished in conformance with relevant county requirements, and shall state that if the work is not completed within 30 calendar days after receipt of the notice, the Director of Planning will provide the required underground facilities, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon the property.
      (3)   If upon the expiration of the 30-day period, the required underground facilities have not been provided, the Director of Planning shall forthwith proceed to have the work done, provided, however, if the premises are unoccupied and no electric or communications services are being furnished thereto, the Director of Planning 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 the property. Upon completion of the work by the Director of Planning, shall file a written report with the Board of Supervisors setting forth the fact that the required underground facilities have been provided and the cost thereof, together with an assessor’s parcel number of the property against which the cost is to be assessed. The Board shall thereupon fix a time and place for hearing protests against the assessment of the cost of work upon the premises, which the public hearing time shall not be less than ten calendar days thereafter.
      (4)   The Director of Planning shall forthwith, upon the time for hearing the protests having been fixed, give a notice in writing to the person in possession of the premises, and a notice in writing thereof to the owner thereof, in the manner herein above provided for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon the report and will hear protests against the assessment. The notice shall also set forth the amount of the proposed assessment.
      (5)   Upon the date and hour set for the hearing of protests, the Board shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.
      (6)   If any assessment is not paid within five calendar days after its confirmation by the Board, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Director of Planning, and the Director of Planning is directed to turn over to the Auditor and Tax Collector a notice of lien on each of the properties on which the assessment has been paid, and the Auditor and Tax Collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time as the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the maximum rate permitted by law.
(1966 Code, § 17B-9) (Ord. 519, § 235)