Mendocino County Municipal Code Div. IV Establishment of Districts

Within ten (10) days after the effective date of a resolution adopted pursuant to Section 22.04.050 hereof, the Clerk of the Board of Supervisors shall notify all affected utilities and all persons owning real property within the District created by said resolution of the adoption thereof. Said Clerk of the Board of Supervisors shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.

Notification by the Clerk of the Board of Supervisors shall be made by mailing a copy of the resolution adopted pursuant to Section 22.04.050, together with a copy of this Chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Ord. No. 562, adopted 1969; Ord. No. 4057, Sec. 2, adopted 2000.)

If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to Section 22.04.050 hereof, 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.

(Ord. No. 562, adopted 1969.)

(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 22.04.100 and the termination facility on or within said 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. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 22.04.050 hereof, the County Engineer shall give notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within thirty (30) 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. 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 five (5) days after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the County Engineer shall, within ten (10) days after the mailing thereof, cause a copy thereof, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on said premises.

(C) The notice given by the County 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 County 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.

(D) If upon the expiration of the thirty (30) day period, the said required underground facilities have not been provided, the County 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 County 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 County Engineer, he 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 a legal description of the property against which such cost is to be assessed. The Board of Supervisors 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 County 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 herein above provided for the giving of the notice to provide the required underground facilities, of the time and place that the Board will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

(Ord. No. 562, adopted 1969.)