(a)
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 section 34-9, and including the termination facility on or within the 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.
(b)
In the event any person owning, operating, leasing, occupying or renting such property
does not comply with the provisions of subsection (a) of this section within the time
provided for in the resolution enacted pursuant to section 34-4 hereof, the road commissioner may post written notice of such noncompliance on the
property being served. After thirty days following such posting, the road commissioner
may authorize the disconnection and removal of any and all overhead service wires
and associated facilities supplying utility service to said property.
(c)
In the alternative, in the event that any person owning, operating, leasing, occupying
or renting said property does not comply with the provisions of subsection (a) of
this section within the time provided for in the resolution enacted pursuant to section 34-4 hereof, the road commissioner may, on request of the owner, cause said work to be
performed and recover the cost therefor from the owner of the premises by assessment
as follows:
(1)
The road commissioner shall obtain such request and waiver as may be required by law
from an owner of the real property prior to performing the work required.
(2)
Upon completion of the work, the road commissioner shall submit a written report setting
forth the required underground facilities that have been provided and the costs thereof,
addressed to the owner at the address supplied by the owner and with a copy mailed
to the owner at the address where the service has been provided. Any owner of the
real property shall have the right and opportunity to protest the performance of any
work which was unnecessary or not required under the provisions of this chapter and/or
any unreasonable costs incurred for work required under the provisions of this chapter.
The owner shall have thirty days from and after the mailing of said report to make
such protest. The road commissioner shall arrange a meeting with said owner regarding
the protest or, if that is not possible, provide the owner with reasonable notice
of a hearing for the resolution of such protest. Upon conclusion of the hearing or
meeting, the road commissioner shall determine the protest and notify the owner by
mailing a written determination to the owner at the address where the service has
been provided, at the address last appearing on the assessor's published records,
and to any address supplied by the owner for this purpose. Such determination may
be appealed to the board of supervisors within twenty days of the date of mailing
of the notice of determination.
(3)
At or following the appeal of such costs to the board of supervisors, or upon failure
to protest or failure to appeal a determination about the costs to be assessed, the
road commissioner shall present his report of such costs to the board of supervisors
for assessment and collection with property taxes. Notice of the time and place of
such hearing before the board of supervisors shall be given by mail to the owner at
the address where service is supplied, at the address last appearing on the assessor's
published records, and to any address supplied by the owner for this purpose.
(4)
If such costs remain unpaid at the time they are reported to the board of supervisors,
the board may by resolution or minute order direct that they be assessed against the
real property benefited and collected with the property taxes for said real property.
The board may place such conditions or modifications on the assessment as may be appropriate.
The county auditor-controller and county tax collector shall assess and collect such
costs as are directed by the board of supervisors. The assessment shall be due and
payable, and if not paid, shall become a lien on the property and shall be delinquent
as and subject to the same interest and penalties as are property taxes.
