a.All underground construction and conduits, conductors and associated equipment necessary to receive utility service between the service terminals of the supplying utility and the service facilities in the building or structure being served shall be provided by the person owning such property, subject to applicable rules, regulations and tariffs of the respective utilities on file with the Public Utilities Commission. If not accomplished by any person within the time provided for in the ordinance adopted pursuant to this Article, 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, to provide the required underground facilities within ten (10) days after receipt of such notice.

b.Notice pursuant to this Section may be given either by personal service or by mail. In case of service by mail, 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 such owner’s name appears, and shall be addressed to such owner’s last known address as the same appears, on the last equalized assessment roll of the county, and when no address appears, to General Delivery, City of Monterey, California. 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 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 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 pursuant to this Section 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 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 30-day period specified in this Section, the required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work; provided, that if such premises are unoccupied and no electric or communication services are being furnished thereto, the City Engineer may, in lieu of providing the required underground facilities, order the disconnection of all existing connections used for furnishing electric and communication services to such premises. Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and cost thereof, together with a legal description of the property against which such cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall be not less than ten (10) days thereafter.

e.The City 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, to the owner thereof, in the manner provided in this Section for the giving of the notice to provide the required underground facilities, of such report of the time and place that the City Council will pass upon such report of the City Engineer 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 City Council shall hear and consider the report and all protests, if there by any, and then proceed to affirm, modify or reject the assessment.