Chapter 52 — WATER, GAS AND OTHER UTILITIES

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONNECT. To install lateral service connections between a main in a street and the property line of real property abutting thereon in accordance with the specifications contained in this chapter.

IMPROVEMENT. The grading, regrading, paving, repaving, macadamizing, remacadamizing, oiling or re-oiling of any street.

LOT. Any parcel of continuous real property, fronting upon a street to be improved, owned by any person, firm, or corporation, irrespective of subdivision maps or records. ('65 Code, § 6-8.201) (Ord. 201, passed - - )

CONNECTIONS

Whenever a contract is let for the construction of a public sewer in any street, or whenever the Council adopts a resolution or ordinance of intention to improve any street in which there is a public sewer, water main, or gas main, or in which a water main or gas main is to be laid, the Council may, by motion, direct the Community Development Director to immediately give notice to all owners of real property fronting on the portions of such streets intended to be improved to connect their premises with a lateral sewer connection, water main, or gas main on such street, either before the improvement is made or as a part thereof, where such premises are not so connected at the time of giving the notice.

('65 Code, § 6-8.202) (Ord. 201, passed - - )

The notice referred to in § 52.10 shall state the fact of the passage of the resolution or ordinance of intention and shall state that unless such premises shall be connected with the sewer, water main, or gas main in the manner provided in this chapter, the Community Development Director will connect such premises at the expense of the property owner as provided in this chapter.

('65 Code, § 6-8.203) (Ord. 201, passed - - )

(A) Service to property owner. The Community Development Director shall cause such notice to be published in two successive issues in the newspaper published and circulated in the city in which the official advertising of the city is published and, where the premises abutting upon the streets affected are occupied, shall serve, or cause to be served, upon the occupants thereof a copy of the notice. Where such premises are not occupied, a copy of the notice shall be posted in a conspicuous place upon each parcel of property fronting on the streets affected. The service of the notice upon such occupants of the property affected, and the posting thereon, shall be completed before the expiration of the time of publication in the official newspaper. The affidavit of publication in the official newspaper and the affidavit of the Director or of the person posting and serving the notices shall be filed in the office of the Community Development Director and shall be prima facie evidence of due and proper publication and service of the notice. Personal service of the notice upon the owner of any property affected shall dispense with the necessity of further notices to him. ('65 Code, § 6-8.204)

(B) Service to utility. The Community Development Director, at the time of serving the notices required, shall also cause to be served upon the person, firm, or corporation maintaining the gas or water main in the street a notice that all owners of property fronting on the street, or portion thereof, proposed to be improved are required to connect their property with such gas or water mains before the improvement is made. The notice shall be served by delivering a copy of the same to the manager or any clerk employed in the office of the utility, whether inside or outside the city. ('65 Code, § 6-8.205)

(Ord. 201, passed - - )

In the event the improvements specified in the resolution or ordinance of intention are not ordered at the time of the service of the notice, the notice shall be inoperative, but the provisions of this section shall not prevent the Community Development Director from thereafter giving the notice at any time subsequent to the adoption of the resolution or ordinance directing the improvement.

('65 Code, § 6-8.206) (Ord. 201, passed - - )

(A) Filing and hearing. Within ten days of the date of the last publication of the notice, the owner of any real property affected thereby may file with the City Clerk a written protest against being required to make the connection required of him by such notice. At the regular meeting of the Council next succeeding the date of the expiration of the time within which such protests may be filed, or at any time to which the matter may be continued, the Council shall hear the protests. ('65 Code, § 6-8.207)

(B) Decision. The Council, at the time of such hearing, or at any regular meeting held thereafter to which such hearing is continued, may sustain or overrule such protests, may order that connections be made at different intervals than as specified in this chapter, may order that connections be made of a different size than as specified in this chapter, and may fix times other than those specified within which such connections shall be commenced and completed by the owners of abutting property. The determination of the Council shall be evidenced by motion if no protests are filed. The Council may, at the first meeting after the expiration of the time within which protests may be filed, or at a subsequent meeting to which the matter may be regularly continued, make a determination regarding the matters set forth in this section in the same manner and to the same effect as if made after protest. In either case such determination shall be final and conclusive. A copy of the motion by which the determination is evidenced shall be posted for two days in a conspicuous place on or near the office of the City Clerk. The Council may thereafter, by motion, extend the time for commencing and completing such connections. ('65 Code, § 6-8.208)

(Ord. 201, passed - - )

Within ten days after the expiration of the time for filing protests or, if such time shall be extended by the Council, then within such time as may be fixed by the Council, it shall be the duty of each owner of real property fronting on a street affected by proceedings taken pursuant to the provisions of this chapter to commence in good faith the work of making the connections required and to diligently prosecute such work to completion. ('65 Code, § 6-8.209) (Ord. 201, passed - - )

At the expiration of ten days the Community Development Director shall make, or cause to be made, the connections required to be made by the provisions of this subchapter if the work has not been commenced and diligently prosecuted in good faith by the owner within the time permitted by § 52.15 of this subchapter. ('65 Code, § 6-8.210) (Ord. 201, passed - - )

(A) Gas.

(1) Lateral connections with gas mains shall be made to the property line of the property connected. Each such lateral pipe shall be of such capacity as to provide an ample supply of gas to the property connected.

(2) Lateral gas connections shall be installed from the gas main to each lot. Where a lot has more than 50 feet of street frontage upon the street to be improved, one lateral gas connection shall be installed for each 50 feet, or fraction thereof, of street frontage; provided, however, the Council may, upon its own motion, permit fewer connections than specified in this division in the case of any lot which the Council may deem adequately provided with gas laterals. (B) Water.

(1) Lateral connections with water mains shall be made to the property line of the property connected. Such connection pipes shall conform to the requirements and specifications of the city and shall be of a size not less than one inch in diameter unless otherwise ordered by the Council as provided in § 52.14(B) of this chapter. (2) Lateral water connections shall be installed from the water main to each lot. Where a lot has more than 50 feet of street frontage upon the street to be improved, one lateral water connection shall be installed for each 50 feet, or fraction thereof, of street frontage; provided, however, upon petition of any property owner or upon its own motion, the Council may permit fewer connections than specified in this division in the case of any lot which the Council may deem adequately provided with water laterals. ('65 Code, § 6-8.211) (Ord. 201, passed - - ) Penalty, see § 10.99

(A) Records. The Community Development Director shall provide a suitable record book entitled Liens for Lateral Service Connections . Such book shall have appropriate headings wherein may be entered the name of each street in which lateral connections shall be made pursuant to the provisions of this subchapter. Under such headings, columns shall be provided in which may be entered the name of the owner of the property with which connections are made, if known, a description of such property, the connections made, the date of completion of the connections, the expenses incurred by the city in making each such connection, the date of delinquency, the penalty for delinquency, the total amount chargeable against the property at the date of sale, the date of sale, the name of the purchaser, the date of redemption, by whom redeemed, the amount paid to redeem, and the date of the deed to the city. When lateral connections are made, the Community Development Director shall enter in such book under the name of the street where such work was done, the name of each owner of real property with which connections were made, if known, and, if not known, the words “unknown owner,” a brief description of the property connected, the connections made, the date of each such connection, and the expenses incurred by the city in making or causing to be made each such connection. No error in the name of the property owner, and no error in the description of the property, shall affect the validity of the lien provided for in this section provided the description is such that the property referred to may be identified therefrom. ('65 Code, § 6-8.212)

(B) Publication. When the entries in such book have been made by the Community Development Director, he shall cause to be published notice thereof for three successive issues in the newspaper published and circulated in the city in which the official advertising of the city is published. ('65 Code, § 6-8.213)

(C) Protests. Any property owner affected by proceedings taken pursuant to the provisions of this chapter and feeling aggrieved by any act or determination of the Community Development Director or the Council in relation thereto, or who may claim that the connections, or any thereof, have not been made in a safe and workmanlike manner, or having any objection to the correctness or legality of the entries in the record book of the Community Development Director may, within 30 days of the date of the first publication of the notice provided for in division (B) of this section, file with the City Clerk an objection in writing which shall briefly specify the ground of his objection or protest. All such objections and protests shall be heard at the regular meeting of the Council next succeeding the expiration of the time for filing the same, or the Council may at such meeting fix a time and place therefor. Upon such objection or protest, the Council may remedy or correct any error or informality in the proceedings, revise and correct any of the acts or determinations of the Community Development Director relative to such work, confirm, amend, set aside, alter, modify, or correct the charges entered in the book in such manner as to it shall seem just, require such work to be completed according to the directions of the Council, and may instruct and direct the Community Development Director to correct the entries in the book to conform to the decision of the Council in relation thereto. The decisions and determinations of the Council in such matters shall be final and conclusive upon all persons entitled to object or protest pursuant to the provisions of this chapter. ('65 Code, § 6-8.214)

the directions of the Council, and may instruct and direct the Community Development Director to correct the entries in the book to conform to the decision of the Council in relation thereto. The decisions and determinations of the Council in such matters shall be final and conclusive upon all persons entitled to object or protest pursuant to the provisions of this chapter. ('65 Code, § 6-8.214)

(D) Foreclosure. Subject to the powers of the Council to correct and modify, as provided in division (C) of this section, the amount of the charges entered against each parcel of property shall become a lien against such property in such amount as of the date of entry in the book entitled Liens for Lateral Service Connections and shall thereupon become due and payable. No such lien shall be extinguished until the amount thereof is paid in full or until a valid deed of the property subject thereto is given by the Community Development Director. Commencing the first week of January and July of each year, the Community Development Director shall cause to be published for five successive issues in the newspaper published and circulated in the city in which the official advertising of the city is published a list of all liens remaining due and unpaid on the first day of the month in which such publication is commenced. The list shall contain the name of each owner of each parcel of property upon which there is due an assessment or, if the name of such owner does not appear in the book, the fact that the lien is entered against an unknown owner, a description of the property, the total amount necessary to satisfy the lien if paid in full before noon on the first Monday of the month next succeeding the month in which the list is published, that 10% of the amount of each such lien shall be added thereto for delinquency, and that upon the first Tuesday of the month next succeeding the month in which the lien is published, each parcel of property against which a lien remains unpaid will, at 10:00 a.m. at the office of the Community Development Director in the city hall, by operation of law and the declarations of the Community Development Director, be sold to the city for the amount of such lien and delinquency penalty. The Community Development Director shall enter in the record book the date of each of such sales, the amount for which sold, and that the same was sold to the city. ('65 Code, § 6-8.215)

ice of the Community Development Director in the city hall, by operation of law and the declarations of the Community Development Director, be sold to the city for the amount of such lien and delinquency penalty. The Community Development Director shall enter in the record book the date of each of such sales, the amount for which sold, and that the same was sold to the city. ('65 Code, § 6-8.215)

(E) Redemption of property. A redemption of any parcel of property sold for delinquent assessment pursuant to the proceedings set forth in this chapter may be made at any time within one year from the date of sale by paying to the Community Development Director the amount for which the property is sold, and, in addition thereto, 10% thereof, if paid within three months from the date of sale; 20% percent if paid within six months; 30% if paid within nine months; and 40% if paid within 12 months. When redemption is made, the Community Development Director shall note that fact in the book entitled Liens for Lateral Service Connections in an appropriate column, entering thereon the date of redemption, the person by whom redeemed, and the amount paid. At the expiration of 12 months from the date of sale, the Community Development Director shall execute to the city a deed of the property sold, the name of the owner thereof as it appears on such book, a statement that such property was sold for a delinquent lien for making lateral

connections, the amount for which the property was sold, and the date of the sale. The deed of the Community Development Director shall convey absolute title to the property therein described and be prima facie evidence of all matters therein recited and the regularity of all proceedings prior to the execution thereof. ('65 Code, § 6-8.216) (Ord. 201, passed - - )

All expenses incurred by the Community Development Director in making lateral connections pursuant to the provisions of this chapter shall be paid upon demands approved, audited and allowed as other demands against the city.

('65 Code, § 6-8.217) (Ord. 201, passed - - )

The provisions of this chapter shall be liberally construed to the end that its purposes may be affected. No error or informality in any act or proceeding taken which does not substantially affect the rights of property owners shall invalidate the proceedings taken or liens established in accordance with the provisions of this chapter. Whenever such acts or proceedings are required to be performed or done by the Community Development Director or by the Council, such provisions respecting time shall be construed to be directory and not mandatory.

('65 Code, § 6-8.218) (Ord. 201, passed - - )

The provisions of this code relating to deposits for excavations in streets and other public places in the city shall apply with respect to all excavations made by property owners pursuant to the provisions of this chapter. In the event the property owners do not make the connections required and the Community Development Director shall make the same, there shall be included in the expense of making each such connection an amount, determined by Council resolution, which shall be in lieu of the deposits and charges provided to be made for excavations. Nothing contained in this chapter shall affect the provisions of this code respecting the inspection of sewer and other connections and the payment of fees therefor. The fees provided by this code shall be paid as in other cases and shall be considered when connections are made by the city as a part of the expense of making such connections.

('65 Code, § 6-8.219) (Ord. 201, passed - - ; Am. Ord. 197-C.S., passed - - )

Cross-reference: Excavations, see §§ 100.045 through 100.072

IMPROVEMENTS

It shall be unlawful for any person, as principal, agent, or employee, to install or make any improvement set forth in this section in any street or highway of the city, or upon any tract of land or portion thereof, in the city, which street, highway, or tract of land is proposed to be dedicated as a street or highway, unless permission is first secured from the Community Development Director therefor and unless the deposit provided for is made. Such improvements shall include public utilities, consisting of water and gas mains and electric lines, and the necessary equipment to carry the same, and the carrying and installing of water and gas services inside curbs to each lot or parcel of land fronting on any and all such streets or highways. All maps or plats of any proposed subdivision submitted by any person to the proper city official for approval shall set forth and indicate the location of such utilities in the proposed streets or highways to be dedicated by the map or plat, as well as the location of the services to the inside of curbs of each lot or parcel of land fronting on any such street or highway.

('65 Code, § 6-8.220) (Ord. 201, passed - - ) Penalty, see § 10.99

(A) Bonds. Before any such permission shall be issued, there shall be deposited with the Community Development Director for such improvements a bond or undertaking in favor of the city, to be approved by the Community Development Director, in the amount of 75% of the total cost of such proposed improvements, as a guarantee that the improvements will be constructed in the time and manner provided by law.

(B) Deposits.

(1) Before any such permission shall be issued, there shall be deposited with the Community Development Director such sum of money as may be estimated by him to be necessary to cover the costs of inspection and supervision by the Department of Public Works for such improvements. Should the amount required to be deposited prove to be insufficient to pay the costs and charges of supervision and inspection, all work under the permit shall cease until there has been deposited with the Community Development Director a sufficient amount of money as estimated by him, to cover the necessary remaining inspection and supervision charges.

(2) In addition, should it become necessary to procure the services of the City Engineer to establish, fix, or correct any grades or levels in connection therewith, the person making the improvement shall deposit with the Community Development Director the costs and charges of the City Engineer for such work so done by him. ('65 Code, § 6-8.221) (Ord. 201, passed - - )

Such improvements shall be made under the direction and to the satisfaction of the Community Development Director and in accordance with the specifications currently in effect. All such work shall conform to the lines and levels which may, from time to time, be given by the City Engineer. ('65 Code, § 6-8.222) (Ord. 201, passed - - ) Penalty, see § 10.99

It shall be the duty of any person making such improvements to notify the Community Development Director prior to the commencement thereof so that the Community Development Director may assign an inspector to inspect the work.

('65 Code, § 6-8.223) (Ord. 201, passed - - ) Penalty, see § 10.99

Upon the acceptance of the work by the Community Development Director, he shall deduct from the deposits made the costs to the city of the inspections and supervision in connection with such improvements, and the remainder of such deposits, if there be any, shall be returned to the person making the same upon demand. ('65 Code, § 6-8.224) (Ord. 201, passed - - )

No person shall lay or install any water main pipeline or water main in or upon any public street, road, lane, alley or highway in the city unless the pipeline or water main shall be of a type of material approved by the Community Development Director. The Community Development Director shall not approve the laying or installing of any such water main pipeline or water main unless it is of a type of material generally accepted for water main construction and for the manufacture of which standards have been set by the American Water Works Association. Any water main pipelines or water mains in or upon any public street, road, lane, alley or highway in the city, which pipelines or water mains shall be renewed or replaced, shall be renewed or replaced with the pipe required by the provisions of this section.

('65 Code, § 6-8.225) (Ord. 444, passed - - ; Am. Ord. 901, passed - - ) Penalty, see § 10.99

UNDERGROUND UTILITIES

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. COMMISSION. The Public Utilities Commission of the state.

PERSON. Means and includes individuals, firms, corporations and partnerships, and their agents and employees.

POLES, OVERHEAD WIRES, and ASSOCIATED OVERHEAD STRUCTURES. Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a District and used or useful in supplying electric, communication, or similar or associated service.

UNDERGROUND UTILITY DISTRICT. That area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of § 52.52 of this subchapter.

UTILITY. All persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. ('65 Code, § 6-8.301) (Ord. 50-C.S., passed - - )

Cross-reference:

Utility service connection, see § 150.012

(A) Public hearing by Council. The Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The City Clerk shall notify all affected property owners, as shown on the last equalized assessment roll, and utilities concerned by mail of the time and place of the hearings at least 10 days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive.

(B) Report by Community Development Director. Prior to holding the public hearing, the Community Development Director shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of the utilities' participation and estimates of the total costs to the city and affected property owners. The report shall also contain an estimate of the time required to complete the underground installation and removal of overhead facilities. ('65 Code, § 6-8.302) (Ord. 50-C.S., passed - - )

If, after any such public hearing, the Council finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an Underground Utility District and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which the removal and underground installation shall be accomplished and within which affected property owners shall be ready to receive underground service. A reasonable time shall be allowed for the removal and underground installation, having due regard for the availability of labor, materials, and equipment necessary for the removal and for the installation of the underground facilities as may be occasioned thereby. ('65 Code, § 6-8.303) (Ord. 50-C.S., passed - - )

Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in § 52.52 of this subchapter, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ, or operate poles, overhead wires, and associated overhead structures in the district after the date when such overhead facilities are required to be removed by such resolution, except such overhead facilities as may be required to furnish service to an owner or occupant of property prior to the performance by the owner or occupant of the underground work necessary for the owner or occupant to continue to receive utility service as provided in § 52.58 of this subchapter, and for such reasonable time required to remove such facilities after the work has been performed, and except as otherwise provided in this subchapter.

('65 Code, § 6-8.304) (Ord. 50-C.S., passed - - ) Penalty, see § 10.99

Notwithstanding the provisions of this subchapter, overhead facilities may be installed and maintained for a period not to exceed 30 days without authority of the Council in order to provide emergency service. The Community Development Director may grant special permission on such terms as he may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. ('65 Code, § 6-8.305) (Ord. 50-C.S., passed - - )

The provisions of this chapter and any resolution adopted pursuant to the provisions of § 52.52, unless otherwise provided in such resolution, shall not apply to the following types of facilities:

(A) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Community Development Director;

(B) Poles or electroliers used exclusively for street lighting;

(C) Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires, and associated overhead structures are not prohibited; (D) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;

(E) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;

(F) Antennae, associated equipment and supporting structures used by a utility for furnishing communication services;

(G) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts; and (H) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. ('65 Code, § 6-8.306) (Ord. 50-C.S., passed - - )

(A) Within ten days after the effective date of a resolution adopted pursuant to the provisions of § 52.52 of this subchapter, the City Clerk shall notify all affected utilities and all persons owning real property within the district, and all persons occupying real property within such district, created by such resolution, of the adoption thereof. The City Clerk shall further notify the affected property owners of the necessity that if they or any person occupying such property desires to continue to receive electric, communication or similar or associated service, they or the 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 the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.

(B) Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to the provisions of § 52.52 of this subchapter, together with a copy of the provisions of this subchapter, to affected property owners as shown on the last equalized assessment roll and to the affected utilities. ('65 Code, § 6-8.307) (Ord. 50-C.S., passed - - )

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to the provisions of § 52.52 of this subchapter, 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.

('65 Code, § 6-8.308) (Ord. 50-C.S., passed - - ) Penalty, see § 10.99

(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 § 52.52 of this subchapter and the termination facility on or within such building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to the provisions of § 52.52 of this subchapter, the Community Development Director 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 ten 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 shall 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 shall be addressed to the owner thereof as the owner's name appears, and shall 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 San Gabriel. 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 such premises, the Community Development Director 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 such premises. (C) The notice given by the Community Development Director to provide the required underground facilities shall particularly specify what work is required to be done and shall state that if such work is not completed within 30 days after receipt of such notice, the Community Development Director will provide such 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.

uired underground facilities shall particularly specify what work is required to be done and shall state that if such work is not completed within 30 days after receipt of such notice, the Community Development Director will provide such 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 Community Development Director shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communication services are being furnished thereto, the Community Development Director 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. Upon completion of the work by the Community Development Director, he shall file a written report with the 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. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of the work upon such premises, which time shall not be less than ten days thereafter. (E) The Community Development Director 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 this section for the giving of the notice to provide the required underground facilities, of the time and place 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. (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 Community Development Director, and the Community Development Director 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 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 rate of 7½% per annum.

('65 Code, § 6-8.309) (Ord. 50-C.S., passed - - )

§ 52.59 RESPONSIBILITY OF CITY.

The city shall remove at its own expense all city-owned equipment from all poles required to be removed by the provisions of this subchapter 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 the provisions of § 52.52 of this subchapter. ('65 Code, § 6-8.310) (Ord. 50-C.S., passed - - )

In the event any act required by this subchapter or by a resolution adopted pursuant to the provisions of § 52.52 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 shall be accomplished shall be extended for a period equivalent to the time of such limitation. ('65 Code, § 6-8.311) (Ord. 50-C.S., passed - - )