Windsor Municipal Code Art. 3 Notice; Responsibility

Within ten (10) days after the effective date of a resolution adopted pursuant to Section 15-3-110, the Town Clerk shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adoption thereof. The Town Clerk 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, communications 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 Town Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 15-3-110, 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.

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 15-3-110, 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.

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 this property between the facilities referred to in Section 15-3-210 and the termination facility on or within such 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 15-3-110, the Town 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 ten (10) 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, City of _____. 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 forty-eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the Town Engineer shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight (8″) inches in size to be posed in a conspicuous place on the premises.

c. The notice given by the Town Engineer 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 thirty (30) days after receipt of such notice, the Town 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, such required underground facilities have not been provided, the Town Engineer shall forthwith proceed to do the work; provided, that if such premises are unoccupied and no electric or communications services are being furnished thereto, the Town 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 such property. Upon completion of the work by the Town Engineer, he/she shall file a written report with the Town 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 such work upon such premises, which such time shall not be less than ten (10) days thereafter.

e. The Town 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 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 such report and will hear protests against such assessment. Such notice shall also set for 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 (5) 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 Town Engineer, and Town Engineer is directed to turn over to the Assessor and the 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. 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 (6%) percent per annum.

The Town shall remove at its own expense all Town-owned equipment from all poles, required to be removed hereunder 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 Section 15-3-110.