Chapter 12.16
UNDERGROUND UTILITIES

Sections:

12.16.010    Definitions.

12.16.020    Hearing on proposed requirement--Notice.

12.16.030    Resolution establishing district.

12.16.040    Unlawful maintenance of overhead facilities.

12.16.050    Emergency overhead service.

12.16.060    Exemptions.

12.16.070    Notice to affected property owners.

12.16.080    Utility responsibilities.

12.16.090    Property owner responsibilities.

12.16.100    City responsibilities.

12.16.110    Extensions of compliance deadline.

12.16.120    Violation--Penalty.

12.16.130    Citation.

12.16.010 Definitions.

Whenever in this chapter the words or phrases defined in this section 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 above ground 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 city 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 12.16.030.

E.    "Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 170B §l, 1968)

12.16.020 Hearing on proposed requirement--Notice.

The council 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 city and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The city 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 council shall be final and conclusive. (Ord. 170B §2, 1968)

12.16.030 Resolution establishing district.

If, after any such public hearing the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council 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 composing 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. 170B 3, 1968)

12.16.040 Unlawful maintenance of overhead facilities.

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 12.16.030, it is 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 the overhead facilities are required to be removed by such resolution, except as the 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 12.16.090, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter. (Ord. 170B §4, 1968)

12.16.050 Emergency overhead service.

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 council, in order to provide emergency service. The council may grant special permission, on such terms as the council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, in stall, maintain, use or operate poles, overhead wires and associated overhead structures. (Ord. 170B §5, 1968)

12.16.060 Exemptions.

This chapter and any resolution adopted pursuant to Section 12.16.030 shall, unless other wise provided in such resolution, not apply to the following types of facilities:

A.    Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;

B.    Poles or electroliers used exclusively for street lighting;

C.    Poles, overhead wires and associated overhead structures used for the transmission of electric 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.    Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;

F.    Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (Ord. 170B §6, 1968)

12.16.070 Notice to affected property owners.

A.    Within ten days after the effective date of a resolution adopted pursuant to Section 12.16.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The city 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 city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.16.030, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 170B §7, 1968)

12.16.080 Utility responsibilities.

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.16.030, 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. 170B §8, 1968)

12.16.090 Property owner responsibilities.

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 the 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 the 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 12.16.030, the city clerk 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 the property. (Ord. 170B §9, 1968)

12.16.100 City responsibilities.

The city shall remove at its own expense all city-owned equipment from all poles required to be removed under this chapter 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 12.16.030. (Ord. 170B §10, 1968)

12.16.110 Extensions of compliance deadline.

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.16.030 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 170B §11, 1968)

12.16.120 Violation--Penalty.

Any person violating any provision of this chapter or failing to comply with any of its requirements is guilty of an infraction.

Each and every day or portion thereof on which any violation of this chapter is committed, continued or permitted by any person shall constitute a separate violation of this chapter. (Ord. 514 §3 (Att. G), 2021; Ord. 276 §3, 1985: Ord. 170B §12, 1968)

12.16.130 Citation.

Any police officer may, in addition to the other enforcement powers permitted by law, issue citations pursuant to Penal Code Section 836.5, 853.5 and 853.6 for violations of this chapter. (Ord. 276 §4, 1985)