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HomeMy WebLinkAboutOrd 1110ORDINANCE N0.1110 ORDINANCE AMENDING SECTION 12.16.090 OF THE BURLINGAME MUNICIPAL CODE, ALLOWING CITY CONSTRUCTION OF UNDEP.GF000 CINNECTING FACILITIES The City Council of the City of Burlingame does ORDAIPd as follows: Section 1. Section 12.16.090 of the Burlingame Municipal Code is hereby amended to read as follows: "12.16.090 Responsibility of Property Owners (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 12.16.080 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 within the time pro- vided for in the resolution enacted pursuant to Section 12.16.025 hereof, the City Engineer 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 (10) days after receipt of such notice. (b) The notice to provide the required underground facility may be given either by personal service or by mail. 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 City 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 by ten (10)inches in size, to be posted in a conspicuous place on said premises. 7/26/77 -1- (c) The notice given by the City 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 City 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 City Engineer will forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or com- munication services are being furnished thereto, the City Engineer may, in lieu of providing the required underground facilities, 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, the City Engineer shall file a written report with the City Council setting forth the fact that the re- quired 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 said time shall not be less than ten (10) working days thereafter. (e) The City Engineer shall give notice in writing to the person in possession of such premises and 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 forth the amount of the proposed assessment. -2- (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 it is confirmed by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to file with the County Controller a notice of lien on each of said properties on which the assessment has not been paid. The amount of said assess- ment shall be added to the next regular bill for taxes levied against the premises. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate ofsik per cent (6%) per annum. Section 2. This ordinance shall be published as required by law. Mayor I. EVELYN H. HILL, City Clerk of the City of Burlingame, hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council held on the 1st day of August, 1977, and was adopted thereafter at a regular meeting of the City Council held on the 15th day of i-tuqu 1977, by the following vote: AYES: COUNCILMEN: Harrison-14anaini-Martin NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Ams, tr::n-.r.,r:-;snv Coity Clerk -3-