(1) Every person owning, operating, leasing, occupying, or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in CMC 13.12.090 and the termination facility on or within such building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to the provisions of CMC 13.12.040, the city manager 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 10 days after receipt of such notice.

(2) 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 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 and, when no address appears, to general delivery, city of Cudahy. 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 manager shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by 10 inches in size, to be posted in a conspicuous place on such premises.

(3) The notice given by the city manager 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 30 days after receipt of such notice, the city manager will provide such required underground facilities, in which case the cost and expense thereof shall be assessed against the property benefited and become a lien upon such property.

(4) If, upon the expiration of the 30-day period, the required underground facilities have not been provided, the city manager 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 manager, in lieu of providing the required underground facilities, may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property. Upon completion of the work by the city manager, he shall file a written report with the council setting forth the fact that the required underground facilities have been provided and the costs thereof, together with a legal description of the property against which such costs are to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the costs of such work upon such premises, which time shall not be less than 10 days thereafter.

(5) The city manager 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 provided in this chapter for the giving of the notice to provide the required underground facilities, of the time and place 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.

(6) 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.

(7) If any assessment is not paid within five 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 manager, and the city manager is directed to turn over to the assessor and 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 the assessment to the next regular bill for taxes levied against the premises upon which such assessment was not paid. Such assessment shall be due and payable at the same time as property taxes are due and payable and, if not paid when due and payable, shall bear interest at the rate of 10 percent per annum. (Ord. 434 § 3; Ord. 76 § 1. 2002 Code § 18-1.10).