Chapter 25
UNDERGROUND UTILITIES
Sections:
25-2. Hearing by the county planning commission.
25-3. Public hearing by board.
25-4. Board may designate underground utility districts by resolution.
25-6. Exception – Emergency or unusual circumstances.
25-8. Notice to property owners and utility companies.
25-9. Responsibility of utility companies.
25-10. Responsibility of property owners.
25-11. Responsibility of county.
For statutory provisions on the conversion of overhead electrical and communication facilities to underground locations, see Str. and Hwy. C., § 5896.1 et seq.; for statutory provisions provided for the assessment of properties obtaining connections to underground facilities, see Gov. C., § 38793.
25-1 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) Board. “Board” means the board of supervisors of the county.
(b) Commission. “Commission means the public utilities commission of the state.
(c) Person. “Person” means and includes individuals, firms, corporations, partnerships, and their agents and employees.
(d) Poles, overhead wires and associated overhead structures. “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.
(e) Underground utility district or district. “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 25-4.
(f) Utility. “Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. No. 326, (part).)
25-2 Hearing by the county planning commission.
Proposed underground utility districts shall be submitted to the county planning commission. The commission shall review the proposal to ascertain that it is in conformance with the general plan and zoning. (Ord. No. 326, (part).)
25-3 Public hearing by board.
The board 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 by publishing and posting upon the property notice of the time and place of each such hearing one time at least ten days prior to the date thereof. The county clerk shall further advise in each notice of hearing that written protests may be submitted prior to opening of the public hearing. If the board receives written protests from owners of fifty percent or more of the assessed value of the land, to be determined by the assessor, within the proposed district, the proposal shall be denied and no further hearing for the creation of the district shall be held for one year after the date of the denial. The decision of the board shall be final and conclusive. (Ord. No. 326, (part).)
25-4 Board may designate underground utility districts by resolution.
If, after any such public hearing, the board finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the board 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. No. 326, (part).)
25-5 Unlawful acts.
Whenever the board creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in section 25-4, 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 25-10, 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. No. 326, (part).)
25-6 Exception – Emergency or unusual circumstances.
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed thirty days, without authority of the director of public works in order to provide emergency service. The director of public works may grant special permission, on such terms as the director of public works 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. No. 326, (part).)
25-7 Other exceptions.
This chapter and any resolution adopted pursuant to section 25-4 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
(a) Any county facilities or equipment installed under the supervision and to the satisfaction of the director of public works;
(b) Poles or electroliers used exclusively for street lighting;
(c) Flagpoles;
(d) Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
(e) Poles, overhead wires and associated overhead structures used for transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred volts;
(f) 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;
(g) Antennas, associated equipment and supporting structures, used by a utility, household or business for furnishing communication services;
(h) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;
(i) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (Ord. No. 326, (part).)
25-8 Notice to property owners and utility companies.
Within ten days after the effective date of a resolution adopted pursuant to section 24-4, the county clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The county clerk shall further notify affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or similar 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.
Notification by the county clerk shall be made by mailing a copy of the resolution adopted pursuant to section 25-4 to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. No. 326, (part).)
25-9 Responsibility of utility companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section 25-4, 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. No. 326, (part).)
25-10 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 25-9 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 25-4, director of public works upon formal notification from the supplying utility or utilities 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. No. 326, (part).)
25-11 Responsibility of county.
The county shall remove, at its own expense, all county-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 25-4. (Ord. No. 326, (part).)
25-12 Extension of time.
In the event that any act required by this chapter or by a resolution adopted pursuant to section 25-4 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. No. 326, (part).)
25-13 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 is guilty of a misdemeanor and upon conviction thereof 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 is 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. No. 326, (part).)
25-14 Constitutionality.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The board hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. (Ord. No. 326, (part).)
25-15 Enactment.
The ordinance codified in this chapter shall take effect thirty days after its passage, and prior to the expiration of fifteen days after the adoption hereof shall be published in a newspaper of general circulation within the county. (Ord. No. 326, (part).)