Chapter 13.108 — ALTERNATIVE PROCEDURE FOR CONVERSION TO UNDERGROUND UTILITY ZONE

If a person other than a utility does not install the facilities for which he or she is responsible as directed or within the time prescribed, the Town may do the work and assess the cost against the property owner in the manner prescribed in this chapter. (Ord. 42, 1968; Ord. 318-01)

When the time for completing the conversion to underground expires, the Council shall make an engineering study and the Town Clerk shall prepare a list of each property owner who has not installed underground the facilities necessary to receive service from the utilities. (Ord. 42, 1968; Ord. 318-01)

The Town Clerk shall file the list and report prepared under Section 13.108.020 with the Council. The Council may adopt a resolution directing the institution of proceedings under Sections 13.108.040 through 13.108.140.

(Ord. 42, 1968; Ord. 318-01)

The Town Clerk shall have a notice prepared in substantially the following form:

NOTICE TO INSTALL FACILITIES UNDERGROUND

Notice is given to:_________________________

---

(name) (address)

That on , 20 , the Town Council of the Town of Yountville adopted a resolution creating an underground utility zone and declaring that facilities shall be installed underground and directing that the work be completed no later than. Thereafter, the Council did on_____________, adopt a resolution directing that proceedings be instituted under Chapter 13.108 by which the Town would do the work and assess the cost against the land and that the cost would be a lien upon the property until paid. Reference is made to these resolutions for further particulars.

The Town has made an estimate of the cost of doing the work based upon an average installation. The estimated cost is $_______________. However, this is an estimated cost only and no detailed study has been made of the cost for your particular property.

Each property owner having an objection to the proposed estimate of cost for installation of underground facilities is notified to attend the meeting of the Town Council to be held on _______________, when their objections to this cost estimate will be heard and given due consideration.

_______________ (Date).

NOTICE TO INSTALL FACILITIES UNDERGROUND

____________________ Town Clerk.

(Ord. 42, 1968; Ord. 318-01)

• A. The Town Clerk shall have a copy of the notice posted conspicuously in front of or on the property affected in any manner most likely to give actual notice to the property owner. The Town Clerk shall also have the notice published once in a newspaper of general circulation printed and published in the County of Napa and mailed to the property owner at his or her last known address or as shown on the last equalized assessment roll.

• B. The posting, publication and mailing shall be completed at least 10 days before the day set for the hearing.

• (Ord. 42, 1968; Ord. 318-01)

At the time set for the hearing, the Council shall hear all objections and may continue the hearing from time to time. Upon the conclusion of the hearing, the Council shall allow or overrule each or any of the objections, after which it may order the work performed. (Ord. 42, 1968; Ord. 318-01)

The Town may do the work with its own forces or may let a contract for the work. (Ord. 42, 1968; Ord. 318-01)

The Town and each authorized agent or employee of the Town may enter upon the private property for the purpose of performing the work of installing underground facilities required by resolution of the Council.

(Ord. 42, 1968; Ord. 318-01)

• A. The Council shall file an engineer's report showing the cost of doing the work on each separate parcel within 30 days after the work is complete.

• B. Before submitting the report to the Council, a copy of it shall be posted for at least three days at the Town Hall together with a notice that the report will be submitted to the Council for confirmation.

• (Ord. 42, 1968; Ord. 318-01)

At the time fixed for considering the report, the Council shall hear objections of each property owner liable for the cost of the work. The Council may make such modifications as it considers necessary. Following the hearing, the Council shall confirm the report. (Ord. 42, 1968; Ord. 318-01)

The amount of the cost for removing the overhead facilities and installing the underground facilities upon each of the parcels of property listed in the report as confirmed is a special assessment against the respective parcel of property and is a lien on the property for the amount of the assessment.

(Ord. 42, 1968; Ord. 318-01)

The Town Clerk shall send a copy of the report as confirmed to the County Auditor before the next succeeding August 10th, together with the request that the auditor enter the amounts of the assessment against each parcel of property as it appears on the assessment roll. (Ord. 42, 1968; Ord. 318-01)

The Tax Collector shall include the amount of the assessment on each tax bill for taxes levied against the parcel of property. The amount of the assessment shall be collected at the same time and in the same manner as county taxes are collected. The assessment is subject to the same penalty and the same procedure as in cases of delinquency as provided for county taxes. (Ord. 42, 1968; Ord. 318-01)

The laws which govern the levy, collection, enforcement, cancellation and refund of county taxes apply to the special assessment levied under this division. (Ord. 42, 1968; Ord. 318-01)