(A) Every person owning, operating, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his or her property between the facilities referred to in § 4.40.090 and the termination facility on or within the building or structure being served, all in accordance with the applicable rules, regulations and tariffs on 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 § 4.40.040 hereof, the Director of Public Works 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 days after receipt of the 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 mall 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 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 Tulare. 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. If notice is given by mail to either the owner or occupant of the premises, the Director of Public Works shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises.
(C) The notice given by the Director of Public Works 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 the notice, the Director of Public Works 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.
(D) If upon the expiration of the 30-day period, the required underground facilities have not been provided, the Director of Public Works shall forthwith proceed to do the work; provided, however, if the premises are unoccupied and no electric or communications services are being furnished thereto, the Director of Public Works 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 Public Works, he or she 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 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 the work upon the premises, which time shall not be less than ten days thereafter.
(E) The Director of Public Works 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 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 the report and will hear protests against the assessment. The notice shall also set forth the amount of the proposed assessment.
(F) 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) 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 Director of Public Works, and the Director of Public Works is directed to turn over to the Assessor and Tax Collector a notice of lien on each of the properties on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of said 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 rate of six percent per annum.
(1995 Code, § 4.40.100)