Chapter 13.24
UNDERGROUND UTILITY DISTRICTS
Sections:
13.24.020 Conversion to underground facility—Public hearing.
13.24.030 Districts designated by board resolution.
13.24.040 Removal of overhead facilities.
13.24.050 Exemptions—Emergency or unusual circumstances.
13.24.060 Exemptions—Specific facilities.
13.24.070 Notice of district designation.
13.24.080 Responsibility of utility companies.
13.24.090 Responsibility of property owners.
13.24.100 Responsibility of county.
13.24.110 Extension of time to perform requirements.
13.24.010 Definitions.
Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
A. “Commission” means the Public Utilities Commission of the state of California.
B. “Person” means and includes individuals, firms, corporations, partnerships, and their agents and employees.
C. “Poles, overhead wires and associated overhead structures” means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.
D. “Underground utility district” or “district” means that area in the county within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 13.24.030.
E. “Utility” means and includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 391 § 1, 1979)
13.24.020 Conversion to underground facility—Public hearing.
The board of supervisors may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the county and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The county clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of such hearings at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the board of supervisors shall be final and conclusive. (Ord. 391 § 2, 1979)
13.24.030 Districts designated by board resolution.
If, after any such public hearing the board of supervisors finds that public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the board of supervisors shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (Ord. 391 § 3, 1979)
13.24.040 Removal of overhead facilities.
Whenever the board of supervisors creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 13.24.030, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 13.24.090, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter. (Ord. 391 § 4, 1979)
13.24.050 Exemptions—Emergency or unusual circumstances.
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the board of supervisors in order to provide emergency service. The board of supervisors may grant special permission, on such terms as the board of supervisors may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. (Ord. 391 § 5, 1979)
13.24.060 Exemptions—Specific facilities.
This chapter and any resolution adopted pursuant to Section 13.24.030 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
A. Poles or electroliers used exclusively for street lighting;
B. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connection to buildings or the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
C. Poles, overhead wires and associated overhead structures used for the transmission of electrical energy at nominal voltages in excess of thirty-four thousand five hundred volts;
D. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;
E. Antennas, associated equipment, cables and supporting structures together with passive repeaters and active R.F. repeaters, used by a utility for furnishing communication services;
F. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts;
G. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (Ord. 391 § 6, 1979)
13.24.070 Notice of district designation.
A. Within ten days after the effective date of a resolution adopted pursuant to Section 13.24.030, the county clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The county clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.
B. Notification by the county clerk shall be made by mailing a copy of resolution adopted pursuant to Section 13.24.030, together with a copy of the ordinance codified in this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 391 § 7, 1979)
13.24.080 Responsibility of utility companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.24.030, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission. (Ord. 391 § 8, 1979)
13.24.090 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 13.24.080 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.
B. In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to Section 13.24.030, the county engineer shall post written notice on the property being served and thirty days thereafter shall 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. (Ord. 391 § 9, 1979)
13.24.100 Responsibility of county.
The county shall remove at its own expense all county-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 13.24.030. (Ord. 391 § 10, 1979)
13.24.110 Extension of time to perform requirements.
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.24.030 cannot be performed within the time provided on account of shortage of materials, war, restraint by circumstances beyond the control of the actor then the time within such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 391 § 11, 1979)
13.24.120 Violation—Penalty.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter. (Ord. 391 § 12, 1979)