In accordance with BIMC 15.36.020, and in an area provided for by city council resolution, the owner of every building and structure served by underground power, telecommunications and utility wires installed in a right-of-way shall, at the owner’s cost and expense:

A. Install the necessary underground wires and related facilities to connect the underground wires from the connection point in the right-of-way to the building and structure; and

B. Remove all overhead wires and related facilities on or over the owner’s property that were used to serve the building and structure. The work shall be carried out in accordance with the city building code and applicable regulations. (Ord. 2002-35 § 1, 2002)

At least 45 days before the anticipated date of completion of the undergrounding in the right-of-way, the public works director shall send by first class mail to the owner of each building and structure to be served by such underground wires, according to the records of the Kitsap County assessor, a notice of the date of completion and the requirements of BIMC 15.36.010. At least 14 days before the overhead wires in the right-of-way are turned off, the public works director shall send by first class mail to such owner, and attempt to hand deliver once to an occupant on the property, a notice of the date on which the overhead wires in the right-of-way will be turned off, which shall also be the date for completion of the work required by BIMC 15.36.010. For purposes of this chapter, the term “public works director” shall include the director’s designee. (Ord. 2002-35 § 1, 2002)

In performing the work, the owner shall restore to good condition and repair any pavement, curb, gutter, sidewalk, sewer line, water line and public utility equipment and facilities disturbed or damaged in connection with the work, and shall thereafter maintain, remove, move, or replace the underground wires and related facilities on the owner’s property at the reasonable request of the public works director and in accordance with the city building code and applicable regulations. (Ord. 2002-35 § 1, 2002)

If a property owner fails to commence or complete the work required by BIMC 15.36.010 before the overhead wire in the right-of-way is turned off, the public works director may perform or complete the work with city employees or third parties, and the property owner shall reimburse the city for all such costs and expenses within 30 days of receiving an invoice. A delinquent invoice shall incur interest at the rate of 12 percent per annum. In the alternative, and for not to exceed 60 days, the public works director may authorize temporary service to the building or structure through overhead wires on the owner’s property, at the cost and expense of the property owner, if in the opinion of the public works director the temporary service is feasible and safe and the property owner has shown good cause. The determination of the public works director shall be final. (Ord. 2002-35 § 1, 2002)