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If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to § 53.04, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.
('81 Code, § 13.16.090)
(A) Construction of service connection required.
(1) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in § 53.08 and the termination facility on or within such building or structure being served.
(2) If the requirement set forth in subdivision (1) of this division is not accomplished by any person within the time provided for in the resolution enacted pursuant to § 53.04, 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 10 days after receipt of such notice.
('81 Code, § 13.16.100)
(B) Notice; mailing procedure.
(1) The notice to provide the required facilities may be given either by personal service or by mail.
(2) 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 Santa Paula.”
(3) 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 48 hours after the mailing thereof.
(4) If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by 10 inches in size, to be posted in a conspicuous place on such premises.
('81 Code, § 13.16.110)
(C) Contents of notice. 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 the work is not completed within 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 benefited and become a lien upon such property.
('81 Code, § 13.16.120)
(D) City to do necessary work.
(1) If upon the expiration of the 30-day period, the required underground facilities have not been provided, the City Engineer 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 Engineer may in lieu of providing the required underground facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property.
(2) 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 the cost thereof, together with a legal description of the property against which such cost is to be assessed.
(3) 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 time shall not be less than 10 days thereafter.
('81 Code, § 13.16.130)
(E) Notice of hearing. 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 provided in division (B) of this section 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.
('81 Code, § 13.16.140)
(F) Hearing; determination. Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify or reject the assessment.
('81 Code, § 13.16.150)
(G) Assessment against property.
(1) If any assessment is not paid within five 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 Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lien on each of such properties on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of such assessment to the next regular bill for taxes levied against the premises upon which such assessment was not paid.
(2) 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 rate of six percent per year.
('81 Code, § 13.16.160)
The city shall remove at its own expense all city-owned equipment from all poles required to be removed under this chapter in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to § 53.04.
('81 Code, § 13.16.170)
In the event that any act required by this chapter or by a resolution adopted pursuant to § 53.04 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.
('81 Code, § 13.16.180)
(A) All electrical distribution lines of 16,000 volts or less, telephone, C.A.T.V. and similar service wires or cables which provide direct service to the property being developed shall be installed under-ground. Risers on poles and buildings are permitted and shall be provided by the developer or owner onto the pole which provides service to such property. The developer or owner is responsible for complying with the requirements of this section and he shall make the necessary arrangements with the utility companies for installation of such facilities.
(B) The following exceptions shall apply:
(1) A utility pole may be placed on the rear of such property for the sole purpose of terminating underground facilities providing it is not practical or economically feasible to carry such underground lines to an existing utility pole.
(2) Temporary utilities along with the necessary service poles, wires and cables may be permitted for the period during which authorized construction is continuing for which valid building permits have been issued or for temporary uses which comply with requirements of the zoning ordinance, building code and other applicable regulations.
(3) Appurtenances and associated equip-ment including, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an under-ground system may be placed aboveground.
('81 Code, § 13.16.190)
Any person in violation of any section of this chapter shall be subject to the general penalties as listed in Chapter 13 of this code.