§ 15-163. Work to be done by city; assessment, collection of costs

(a) If, upon the expiration of the thirty-day period, the required underground facilities have not been provided, the city 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 city 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 city a written report shall be filed with the city clerk 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, after considering said report, fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten (10) days thereafter.

(b) The city clerk shall forthwith, upon the time for hearing such protests having been fixed, give 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 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.

(c) Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there is any, and then shall proceed to affirm, modify or reject the assessment.

(d) 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 city clerk, and the city clerk is directed to turn over to the assessor and tax collector a notice of lien on each side of said 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 property taxes are due and payable, shall bear interest at the rate of six (6) per cent per annum.

(Ord. No. 97-11, § 3, 5-5-97)