Chapter 13.12
UNDERGROUND UTILITIES

Sections:

13.12.010    Definitions.

13.12.020    Underground service area—Defined—Electric or communication service to buildings within the area.

13.12.030    Underground utility districts—Hearing—Declaration.

13.12.040    Underground utility districts—Order to remove poles, overhead wires and associated structures.

13.12.050    Underground utility districts Unlawful to maintain poles and overhead wires Violation deemed misdemeanor.

13.12.060    Exception by special permission.

13.12.070    Non applicability of chapter provisions.

13.12.080    Notification to affected property owners and utility companies.

13.12.090    Utility companies to supply city with list of subscribers.

13.12.100    Necessity for facility changes—Notification of property owners and utility subscribers.

13.12.110    Utility companies to supply city with updated list of subscribers after installation of underground conduit.

13.12.120    Necessity for facility changes—Notification of property owners and utility subscribers on updated list.

13.12.130    Utility companies responsibility to provide service up to sidewalk areas and property lines—Rules and regulations for underground construction to be followed.

13.12.140    Property owners responsibility—Failure to carry out—Completion of work by city –Assessment of costs against property.

13.12.150    City’s obligation to remove its poles and equipment.

13.12.160    Extension of time to complete requirements due to unforeseeable circumstances.

13.12.170    Project coordinator—Designated—Responsibilities.

13.12.180    Undergrounding work to be done by city pursuant to Section 13.12.140—Cost quotations required.

13.12.010 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. “Affected property owner” means a property owner who owns property within or adjacent to an underground district, or otherwise affected by the underground project.

B. “City” means the city of San Luis Obispo, a municipal corporation of the state of California.

C. “Commission” means the Public Utilities Commission of the state of California.

D. “Council” means the city council of the city.

E. “Person” means and includes individuals, firms, corporations, partnerships, and their agents and employees.

F. “Poles and 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, upon, along, across or over the streets, alleys and ways of the city, and used or useful in supplying electric, communication, or similar or associated service.

G. “Underground utility district” or “district” means an area in the city within which poles and overhead wires and associated overhead structures are prohibited by an ordinance adopted pursuant to the provisions of Section 13.12.030.

H. “Utility” means and includes all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices. (Prior code § 8400)

13.12.020 Underground service area—Defined—Electric or communication service to buildings within the area.

A. The words “underground service area” means that area within the limits of the city, identified by the following use zone designations, further defined in Division I of Title 17:

C-C, C-H, C-T, C-R, P-O, P-F and M.

B. All new or remodeled buildings in the underground service area requiring electric or communication service shall have such service supplied from a service lateral placed underground from the main electric or communication service facilities within the building to the sidewalk area. Where the utility’s distribution system is underground, the service lateral shall terminate at a location in the sidewalk area designated by the utility. Where the utility’s distribution system is overhead, the service lateral shall terminate as a pole riser on a pole designated by the utility. All conduits, conductors and associated equipment necessary to receive utility service by means of the underground service lateral shall be provided by the person owning, operating, leasing or renting the building, subject to applicable rules, regulations and tariffs of the supplying utility on file with the Commission and to the lawful requirements of state laws and city ordinances.

C. The supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it for an underground connection or a pole-riser service, as the case may be, under and subject to the provisions of its applicable rules, regulations and tariffs on file with the Commission.

D. For purposes of this section, a building shall be deemed to be remodeled if within any twelve-month period, additions, alterations or repairs are made thereto, the cost of which exceeds fifty percent of the current replacement cost of the building. In determining the cost of such additions, alterations or repairs, there shall be excluded the cost of any work required by this chapter.

E. Single-family residential buildings are exempt from the provisions of this section. (Prior code § 8400.1)

13.12.030 Underground utility districts—Hearing—Declaration.

The council may, from time to time, call public hearings to ascertain whether the public necessity, health or safety requires the removal of poles and overhead wires and associated overhead structures from any particular area or areas within 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 and utilities by mail of the time and place of such hearings at least thirty days prior to the date thereof. If, after any such public hearing, the council finds that the public necessity, health or safety requires such removal and such underground installation within any such area, the council shall by ordinance declare such an area an underground utility district. Such ordinance shall include a description of the area comprising such district and shall fix the time within which such poles and overhead wires and other associated overhead structures must be removed and within which affected property owners must be ready to receive underground service. The council shall allow a reasonable time for such removal, having due regard for the availability of necessary labor, materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby. (Prior code § 8400.2)

13.12.040 Underground utility districts—Order to remove poles, overhead wires and associated structures.

The council does hereby order the removal of all poles and overhead wires and associated structures from the public streets, alleys or ways within the hereinafter described underground utility districts and further fixes dates on which affected property owners must be ready to receive underground service and dates on which all facilities are to be removed from public property as follows:

1. Beginning at a point which is the intersection of the centerline of Chorro and Higuera Streets; thence in a northwesterly direction along the centerline of Chorro Street to the easterly extension of the most northerly line of Monterey Street; thence in a westerly direction along said line to the northerly extension of the most westerly line of Broad Street; thence in a southerly direction along said line to its intersection with the centerline of Higuera Street; thence in a northeasterly direction along said line to the point of beginning.

Property owners are to be ready to receive service by: March 1, 1972.

Date facilities are to be removed from public property: December 31, 1972.

2. Beginning at a point which is the intersection of-the centerlines of Higuera and Morro Streets; thence in a northwesterly direction along the centerline of Morro Street to its intersection with the most northerly line of Mill Street; thence in a northeasterly direction along said line to its intersection with the most easterly line of Osos Street; thence in a southerly direction along said line to its intersection with the centerline of Higuera Street; thence in a westerly direction along said line to the point of beginning.

Property owners are to be ready to receive service by: March 1, 1972.

Date facilities are to be removed from public property: December 31, 1972.

3. Beginning at a point which is the intersection of the centerlines of Higuera and Chorro Streets; thence in a northeasterly direction along the centerline of Higuera Street to its intersection with the most easterly line of Osos Street; thence in a southwesterly direction along said line to its intersection with the most southerly line of Marsh Street; thence in a westerly direction along said line to its intersection with the centerline of Chorro Street; thence in a northerly direction along said line to the point of beginning.

Property owners are to be ready to receive service by: March 1, 1972.

Date facilities are to be removed from public property: December 31, 1972.

4. Beginning at a point which is the intersection of the centerlines of Higuera and Chorro Streets; thence in a northwesterly direction along the centerline of Chorro Street to the easterly extension of the most northerly line of Monterey Street; thence in a westerly direction along said line to its intersection with the most westerly line of Chorro Street; thence in a northerly direction along said line to its intersection with the most northerly line of Mill Street; thence in a northeasterly direction along said line to its intersection with the centerline of Morro Street; thence in a southwesterly direction along said line to its intersection with the centerline of Higuera Street; thence in a westerly direction along said line to the point of beginning.

Property owners are to be ready to receive service by: June 1, 1972.

Date facilities are to be removed from public property: December 31, 1972.

5. Beginning at a point which is the intersection of the centerlines of Higuera and Chorro Streets; thence in a westerly direction along the centerline of Higuera Street to its intersection with the most westerly line of Broad Street; thence in a southwesterly direction along said line to its intersection with the most southerly line of Marsh Street; thence in an easterly direction along said line to its intersection with the centerline of Chorro Street; thence in a north westerly direction along said line to the point of beginning.

Property owners are to be ready to receive service by: September 1, 1972.

Date facilities are to be removed from public property: December 31, 1972.

6. Beginning at a point which is the intersection of the most northerly line of Palm Street and the most westerly line of Chorro Street; thence in a westerly direction along the northerly line of Palm Street to its intersection with the most westerly line of Broad Street; thence in a southerly direction along said line to its intersection with the most northerly line of Monterey Street; thence in an easterly direction along said line to its intersection with the most westerly line of Chorro Street; thence in a northerly direction along said line to the point of beginning.

Property owners are to be ready to receive service by: September 1, 1972.

Date facilities are to be removed from public property: December 31, 1972.

7. Beginning at the intersection of the southerly line of Marsh Street and the easterly line of Osos Street; thence in a northwesterly direction along the easterly line of Osos Street to the northerly line of Mill Street; thence in a northeasterly direction along the northerly line of Mill Street to the easterly line of Santa Rosa Street; thence in a southeasterly direction along the easterly line of Santa Rosa Street to the intersection of the northerly line of Monterey Street; thence in a northeasterly direction along the northerly line of Monterey Street a distance of one hundred fifty feet, thence in a southeasterly direction across Monterey Street; thence continuing southeasterly on a line that is one hundred forty feet distance and parallel to the easterly line of Santa Rosa Street, across Higuera Street to the southerly line of Higuera Street; thence southwesterly along Higuera Street to the intersection of the southerly line of Higuera Street and the easterly line of Santa Rosa Street: thence southeasterly along the easterly line of Santa Rosa Street to a point forty feet past the southerly line of Marsh Street; thence in a southwesterly direction across

Santa Rosa Street to the westerly line of Santa Rosa Street; thence northwesterly along the westerly line of Santa Rosa Street to the intersection of the westerly line of Santa Rosa Street and the southerly-line of Marsh Street; thence southwesterly along the southerly line of Marsh Street to the point of beginning.

Property owners are to be ready to receive service by: September 1, 1974.

Date facilities are to be removed from public property: December 31, 1974.

8. Beginning at the intersection of the westerly line of Santa Rosa Street and the northerly line of Mill Street; thence in a northwesterly direction along the westerly line of Santa Rosa Street to the intersection of the northerly line of Montalban Street; thence in a northeasterly direction across Santa Rosa Street to the intersection of the easterly line of Santa Rosa Street with the northerly line of Montalban Street; thence in a southeasterly direction along the easterly line of Santa Rosa Street to the intersection of the northerly line of Mill Street; thence in a southwesterly direction across Santa Rosa Street to the point of beginning.

Property owners are to be ready to receive service by: March 1, 1979.

Date facilities are to be removed from public property: September 1, 1979.

9. Beginning at the most northerly corner of Block 6, Murray and Church Addition to the city of San Luis Obispo, thence following the northeasterly boundary of said block southeasterly thirty feet to the true point of beginning; thence northwesterly along the northeasterly boundaries of Blocks 6, 7, and 8 of Murray and Church Addition, to a point on the northwesterly side of Monterey Street; thence along the northwesterly side of Monterey Street, to a point across Nipomo Street on the northeasterly boundary of Block 61, McDougall Tract; thence southeasterly along the southwesterly side of Nipomo Street a distance of one hundred sixty feet ±; thence in a southwesterly direction, on a line parallel to Higuera Street, a distance of seven hundred fifty feet ± to the intersection of San Luis Obispo creek. Said parallel line to be two hundred feet northwesterly of Higuera Street. Thence following the centerline of said creek to the northerly side of Cal Trans bridge, at the Marsh/Higuera Streets on/off ramp; thence southeasterly across the on/off ramp accessway to a point on the westerly side of Higuera Street. Said point being thirty feet southerly of the southwesterly prolongation of the southerly side of Marsh Street. Thence on a straight line across Higuera Street in a northeasterly direction to the true point of beginning. Said straight line to be thirty feet southeast of and parallel to the southeasterly side of Marsh Street.

Property owners are to be ready to receive service by: December 1, 1984.

Date facilities are to be removed from public property: August 1, 1984.

10. Seventy-five feet northerly and ninety-five feet southerly measured at right angles to the line beginning at the intersection of the centerlines of Higuera Street and Madonna Road thence southwesterly along the centerline of Madonna Road to its intersection with the centerline of Zozobra and continuing southwesterly along the centerline of Madonna Road a distance of three hundred ninety feet.

Property owners shall be ready to receive service by October 1, 1986.

Facilities shall be removed from public property by December 1, 1986.

11. Beginning at the northeasterly corner of Lot 1, Block 147 of the Harford Addition to the City of San Luis Obispo, as recorded in Book A, at Page 123 of Maps recorded in the office of the San Luis Obispo County recorder; said point lying on the westerly line of

Higuera Street right-of-way per said map and being the true point of beginning; thence easterly along the prolongation of the northerly line of said Lot 1 to a distance of 30.3 feet more or less, to a point on the centerline of said Higuera Street right-of-way; thence southerly along the centerline of Higuera Street a distance of 172.3 feet more or less to a point; said point being twenty-five feet northerly of the easterly prolongation of the northerly line of Lot 3 of said Harford Addition; thence easterly at right angles to the centerline of Higuera Street a distance of fifty-feet to a point; thence southerly along a line parallel with, and distant twenty-five feet easterly from the easterly line of Higuera Street to a point that is seven hundred fifty feet southerly of the intersection of the southerly line of South Street and the easterly line of Higuera Street per said Harford Addition; thence westerly at right angles to the last described parallel line to a point that is forty-five feet westerly of the westerly line of Higuera Street; thence northerly parallel with and distant forty-five feet westerly from the westerly line of Higuera Street and its prolongation to a point on the northerly line of Lot 1, Block 147; thence easterly along said northerly line of Lot 1 a distance of 45.6 feet, more or less, to the true point of beginning.

Property owners shall be ready to receive phone service by December 1, 1987 and electric and CATV facilities by June 1, 1988.

Phone facilities shall be removed from public property by April 1, 1988 and electric and CATV facilities by August 1, 1988.

12. Beginning at the southerly corner of Lot 9 in Block 3 of the Buena Vista Addition to the City of San Luis Obispo as recorded in Book A, Page 47 of Maps recorded in the office of the San Luis Obispo County Recorder, said point also being the intersection of the easterly right-of-way line of Osos Street (now called Jennifer Street) and the northerly right-of-way line of George Street, thence, northerly along said easterly right-of-way line a distance of approximately 55.5 feet to a point which intersects the easterly boundary of the Southern Pacific Railroad right-of-way, said point being the true point of beginning, thence, continuing northerly along said easterly right-of-way line of Osos Street approximately 304.5 feet, thence, westerly at right angles to said easterly line of Osos Street to a point on the westerly right-of-way line of said street, thence, southerly a distance of approximately 360 feet along said westerly line to a point, thence, easterly at right angles from said westerly line a distance of 54 feet, thence, northerly along a line six feet from and parallel to the northerly right-of-way line of Osos Street a distance of approximately 51.4 feet to a point which intersects the prolongation of the easterly boundary of the Southern Pacific Railroad right-of-way, thence, northerly along said prolongation a distance of approximately 7.3 feet to the true point of beginning.

Facilities shall be removed from Underground District by June 30, 1996.

13. Beginning at the southeast corner of Lot 4, Block 81 of the Town of San Luis Obispo, as shown on the map filed for record in Book A of Maps at page 178 in the office of the San Luis Obispo County Recorder, said point also lying on the northwesterly right of way line of Montalban Street;

THENCE, northwesterly along the-northeasterly line of said Lot 4 and Lot 1 of said Block 81, to the southeasterly right-of-way line of Oak Street;

THENCE, along the southeasterly right-of-way line of Oak St. a distance of 8.93 ft., more or less, to a point on the southerly line of Lot 1, Block 2 of Tract No. 34 as shown on a map file in Map Book 5 at page 55, in the office of the aforesaid County Recorder;

THENCE, along the southerly boundary of said Tract No. 34, through all of its various courses, to a point distant 10 ft. westerly of the southeasterly corner of said Tract No. 34;

THENCE, northerly along a line parallel with and distant 10 ft. from the easterly boundary of said Tract No. 34, to the northwesterly boundary of said Tract No. 34;

THENCE, southwesterly along the northwesterly boundary of said Tract No. 34 to the northwest corner of said Tract No. 34, said point also being the northeast corner of Parcel B of that certain map filed in Book 29 of Parcel Maps at page 7 in the office of the aforesaid County Recorder;

THENCE westerly along the northerly line of said Parcel B, to the northwesterly corner of said Parcel B;

THENCE, northerly along the easterly line of Parcel A of said Parcel Map filed in Book 29 of Parcel maps at Page 7, and its northerly prolongation, to the southerly right-of-way line of Murray Street;

THENCE, westerly along said southerly right-of-way line to a point distant fifty (50) feet easterly from, and at right angles to, the present easterly right-of-way line of Santa Rosa Street (State Hwy. 1);

THENCE, northwesterly along a line parallel with the said easterly right-of-way line of Santa Rosa Street, to the common line between Sections 22 and 27, Township 30 south, Range 12 E, M.D.M.;

THENCE, northwesterly to a point distant 50 ft. northeasterly of, and radial to, the PRC at the NE corner of Foothill Blvd. and Santa Rosa St., as shown on Book 8 of Records of Surveys at page 60 in the office of the aforesaid County Recorder;

THENCE, northwesterly along a curve having a radius of 2090 ft., concentric with that certain curve having a radius of 2040 ft. shown on said Record of Survey (being the northeasterly right-of-way line of Santa Rosa St.) to a point on a radial line which intersects the centerline of Santa Rosa St., 300 ft. northwesterly from the intersection of Santa Rosa St. and Boysen Ave., measured along the centerline of Santa Rosa St.;

THENCE, southwesterly along said radial line to a point distant 50 ft. southwesterly of the southwesterly right-of-way line of Santa Rosa St.;

THENCE, southeasterly along a line concentric with the southwesterly right-of-way line of Santa Rosa St. (and its prolongation) and having a radius of 1910 ft. to a point distant 90 ft. northerly from the current centerline of Foothill Blvd.;

THENCE, westerly along a line parallel with the aforesaid centerline of Foothill Blvd., to the northeasterly right-of-way line of Chorro Street;

THENCE, northwesterly along said Chorro Street right-of-way line a distance of 145 ft.;

THENCE, at right angles to said Chorro Street right-of-way 60 ft. to the southwesterly right-of-way line of Chorro Street;

THENCE, southeasterly along said right-of-way line to a point distant 90 ft. northerly of the present right-of-way line of Foothill Boulevard;

THENCE, westerly along a line parallel with and distant 90 ft. northerly of said centerline, to the present easterly right-of-way line of Ferrini Road;

THENCE, southerly along said easterly right-of-way line of Ferrini Road and its prolongation, to a point distant 90 ft. southerly from the present centerline of Foothill Boulevard;

THENCE, easterly along a line 90 ft. southerly from, and parallel with the aforesaid centerline of Foothill Blvd., to a point on the westerly line of that certain property shown on a map filed in Book 6 at Page 81 of Records of Surveys in the office of the aforementioned County Recorder;

THENCE, southerly along the said westerly line to the southwest corner of said property;

THENCE, easterly along the southerly property line of said property to a point on a curve, concave to the southwest, with a radius of 195 ft., said curve being concentric with, and 50 ft. distant southwesterly (radially) from, the southwesterly right-of-way line of Santa Rosa St., having a radius of 1965 ft.;

THENCE, southeasterly along said curve to the tangent point of the said southwesterly right-of-way line curve;

THENCE, continuing southeasterly, parallel with the said southwesterly right-of-way line to the northerly line of Tract 110, as shown on map recorded in Book 5 of Maps at page 108;

THENCE, easterly to the said westerly right-of-way line of Santa Rosa St.;

THENCE, southeasterly along the said southwesterly right-of-way line, along its various courses, to the centerline of Stenner Creek;

THENCE, southwesterly along the centerline of Stenner Creek to its intersection with the northerly prolongation of the westerly line of Lot 3, Block 78, of the Town of San Luis Obispo, as recorded in Book A of Maps at Page 178, in the office of the aforementioned County Recorder;

THENCE, southeasterly along said southwesterly lot line, and its prolongation, to the northwesterly right-of-way line of Montalban St., also being the southerly corner of Lot 4, Block 77 of said map of the Town of San Luis Obispo;

THENCE, southwesterly along the northwesterly right-of-way line of Montalban St. 116 ft., more or less, to the angle point in said right-of-way line;

THENCE, southeasterly at right angles to said northwesterly right-of-way line 110 ft. to a point distant 50 ft. southeasterly of the southeasterly right-of-way line of Montalban St.;

THENCE, northeasterly along a line parallel with said southeasterly right-of-way line to the northeasterly line of Lot 2, Block 76 of the aforementioned Town of San Luis Obispo;

THENCE, northwesterly a distance of 50 ft. to the northerly corner of said Lot 2, which point lies on the southeasterly right-of-way line of Montalban St.;

THENCE, northeasterly along said southeasterly right-of-way line of Montalban St., to the northeast corner of Lot 1, Block 80 of the aforesaid Town of San Luis Obispo;

THENCE, northwesterly 60 ft. to the POINT OF BEGINNING.

Property owners shall be ready to receive service by July 15, 1997.

Overhead electric wire facilities shall be removed from public property by October 15, 1997.

Overhead telephone and cable television facilities shall be removed by December 15, 1997.

14. Beginning at the westerly corner of Lot 1, Block 200 of the Buckley Tract in the City of San Luis Obispo, filed November 15, 1883, Book A, Page 46 of Maps, said point also being the intersection of the southerly right-of-way line of Marsh Street and the easterly right-of way line of Santa Rosa Street;

THENCE, southeasterly along the easterly right-of-way line of Santa Rosa Street to the intersection of the northerly right-of-way line of Pacific Street;

THENCE, westerly crossing Santa Rosa Street to the intersection of the northerly right-of-way line of Pacific Street with the westerly right-of-way line of Santa Rosa Street;

THENCE, northwesterly along the westerly right-of-way line of Santa Rosa Street to the southerly right-of-way line of Marsh Street;

THENCE, easterly, crossing Santa Rosa Street to the point of beginning.

Property owners shall be prepared to receive underground service by October 30, 2000.

Overhead facilities shall be removed from public property by December 30, 2000.

15. That portion of real property being a strip of land described as State Route 227 in the City of San Luis Obispo, County of San Luis Obispo, State of California, being described as follows:

A strip of land referred to as all that portion of State Route 227, as shown on the California Department of Transportation District 5, Right-of-Way Map – Edna to High Street in San Luis Obispo, SLO-227 (Post Mile 7.6 to Post Mile 12.9) said strip beginning at the intersection of the centerline of SR 227, and the prolongation of southerly corporate limit line for the city of San Luis Obispo as shown on the official map for Annexation No. 53 to said centerline with said prolongation having a bearing of N 54° 46′ 04′′ E thence northwesterly along said centerline of SR 227 approximately 2,898 meters more or less to the intersection of said strip with the prolongation of the northerly line of Lot 11, Yoakum Poultry Units recorded in Book 3 Page 89 of Maps, in the office of the Recorder for the County of San Luis Obispo.

And that portion of real property being a strip of land more particularly described as Tank Farm Road in the City of San Luis Obispo, County of San Luis Obispo, State of California, being described as follows: A strip of land referred to as all that portion of Tank Farm Road as shown on a map recorded in Book 1 at Page 92 of Surveys in the County Recorders office of said County, said strip of land beginning at the intersection of Edna Road (SR 227) as shown on said map, and proceeding westerly to the prolongation of the west most line of Parcel 4 in Book 56 at page 90 and 91 of Parcel Maps in the County Recorder’s office of said County.

Excluding that portion of real property described above not within the corporate limits of the City of San Luis Obispo.

Property owners shall be prepared to receive underground service by September 30, 2005, and overhead facilities shall be removed from public property by June 30, 2007.

Property owners shall not incur any costs required for conversions. (Ord. 1442 § 1, 2003; Ord. 1363 § 1, 2000; Ord. 1292 § 1, 1996; Ord. 1289 § 1, 1995; Ord. 1097 § 2, 1987; Ord. 1056 §§ 1, 2, 1986; Ord. No. § 983 § 2, 1983: prior code § 8400.2.1)

13.12.050 Underground utility districts—Unlawful to maintain poles and overhead wires—Violation deemed misdemeanor.

A. Whenever the council by ordinance declares an area of the city an underground district as provided in Section 13.12.030, it shall be unlawful for any person or utility to maintain any pole, overhead wire or associated overhead structures within the district after the date when such overhead facilities are required to be removed.

B. Any person or utility who shall erect, construct, place, keep, maintain, continue, employ or operate any such pole or overhead wire or associated overhead structure in the district, or who shall neglect to take down and remove any such pole, overhead wire or associated overhead structure within the time designated in the ordinance, or who shall otherwise fail to comply with the provisions of this chapter, shall be guilty of a misdemeanor under Section 1.12.020. Each consecutive fifteen-day period during which the failure to comply with the provisions hereof shall continue shall constitute a separate offense. (Prior code § 8400.3)

13.12.060 Exception by special permission.

The council may grant special permission, on such terms as the council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate, poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this chapter. (Prior code § 8400.4)

13.12.070 Non applicability of chapter provisions.

This chapter shall not apply to the following types of facilities:

A. Poles or electroliers used exclusively for street lighting;

B. Wires (exclusive of supporting structures) crossing any portion of a district from which overhead wires have been prohibited, or connecting to buildings within the perimeter of such portion, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited;

C. 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;

D. Radio antennae, their associated equipment and supporting structures, used by a utility for furnishing communication services; or

E. Service terminals in pedestals aboveground, used to distribute communication service in underground systems. (Prior code § 8400.5)

13.12.080 Notification to affected property owners and utility companies.

A. Within thirty days after the effective date of an ordinance adopted pursuant to Section 13.12.030, the city clerk shall notify all affected utility companies and all persons owning real property within the district described in the ordinance, of the adoption thereof, and shall inform such affected property owners of the necessity that, if they or any other person occupying such property desire to continue to receive electric, communication, T.V. or other 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 in the front sidewalk area adjacent to or at the property line, unless the utility specifies some other location as provided in Section 13.12.130, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission and to the requirements of the state and city laws and ordinances.

B. Notification by the city clerk shall be by letter, sent certified mail, return receipt. The notification letter to property owners shall reflect the ordinance number, its effective date, the date at which the property shall be ready to receive underground service and the names and phone numbers of contact representatives of the utility companies and the city.

C. The notification letter, to utility companies, shall be accompanied by a list of affected property owners and the assessor’s parcel maps for the new district. (Ord. 983 § 4, 1983: prior code § 8400.6)

13.12.090 Utility companies to supply city with list of subscribers.

Within fifteen days after receipt of the notice of the creation of an underground utility district, the utility companies with overhead wiring and related facilities shall send to the city clerk, a list of all subscribers to utility service within or affected by the district created by the ordinance. (Prior code § 8400.6.1)

13.12.100 Necessity for facility changes—Notification of property owners and utility subscribers.

A. Within fifteen days after receipt of the list of subscribers from the utility companies, the city clerk shall notify such subscribers and 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 and to the requirements of the state laws and city ordinances.

B. Notification by the city clerk shall be made by mailing a copy of the ordinance adopted pursuant to Section 13.12.030, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment tax roll of the county and/or to all subscribers to utility service as such are shown on the list of subscribers furnished by the utility companies. Notice shall be by certified mail, return receipt. (Prior code § 8400.6.2)

13.12.110 Utility companies to supply city with updated list of subscribers after installation of underground conduit.

Upon completion of the installation of all underground conduit, but not later than six months prior to the final completion date for undergrounding all overhead wiring and related facilities, the utility companies concerned shall send to the city clerk of the city, an updated list of all subscribers to utility service within or affected by the district created by the ordinance. (Prior code § 8400.6.3)

13.12.120 Necessity for facility changes—Notification of property owners and utility subscribers on updated list.

A. Within fifteen days after receipt of the updated list of subscribers from the utility companies, the city clerk shall notify such subscribers and 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 the new location within fifteen days from receipt of the notice.

B. This notice shall serve as the notice called for in Section 13.12.140A. The notice shall be by certified mail, return receipt. (Prior code § 8400.6.4)

13.12.130 Utility companies responsibility to provide service up to sidewalk areas and property lines—Rules and regulations for underground construction to be followed.

If underground construction is necessary to provide utility service within the area affected by any ordinance enacted pursuant to Section 13.12.030, the supplying utility shall furnish that portion of the conduits, conductors, boxes and associated equipment required to provide service in the sidewalk area at, or adjacent to, the property line of the building or structure being serviced; provided, that the utility may elect to serve a building or structure from some location other than that above specified. Underground construction by the utility shall be accomplished in accordance with the rules and regulations issued by the commission, and shall be completed within the time for removal of overhead facilities specified in the ordinance enacted pursuant to Section 13.12.030. (Prior code § 8400.7)

13.12.140 Property owners responsibility—Failure to carry out—Completion of work by city –Assessment of costs against property.

A. Every person owning, operating, leasing, occupying or renting a building or structure within an underground utility district established pursuant to Section 13.12.040 shall perform construction to provide that portion of the service connection on his or her property between the facilities referred to in Section l 3.12.130 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 California Public Utility Commission. If the above is not accomplished within the time provided for in the ordinance enacted pursuant to Section 13.12.030, the city clerk shall give notice, in writing to the owner thereof, as shown on the last equalized assessment roll, and to all subscribers to utility service as such are shown on the list of subscribers furnished by the utility companies, to provide the required underground facilities within thirty days after receipt of such notice.

B. The notice to provide the required underground utilities may be given by personal service or by mail. In case of service by mail on either of such persons, the notice must 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 must be addressed to the owner and subscriber thereof as such name appears, and must be addressed to such owner’s or subscriber’s last known address as the same appears on the last equalized assessment roll and/or subscriber’s list, and when no address appears, to General Delivery, City of San Luis Obispo. 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 forty-eight hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises’ the city clerk shall, within forty-eight hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises.

C. The notice given by the city clerk to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if the work is not completed within thirty days after receipt of such notice, the city will install such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

D. If upon the expiration of the thirty-day period, the required underground facilities have not been provided, the city clerk shall proceed to have the work done; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the city clerk shall, in lieu of providing the required underground facilities, 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.

Upon completion of the work, the city clerk shall file a written report with the council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter.

E. The city clerk shall, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, to the utility subscriber, and to the owner thereof, in the manner set forth in this section for the giving of the notice, to provide the required underground facilities, of the time and place that the council will pass upon such report and will hear protests against such assessment. Such notice shall set forth the amount of the proposed assessment.

F. 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.

G. 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 clerk, and the city clerk is directed to turn over to the assessor and tax collector a notice of lien on each of the 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 the assessment was not paid. The assessment shall be due and payable at the time as the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of eight percent per year. (Prior code § 8400.8)

13.12.150 City’s obligation to remove its poles and equipment.

The city shall remove its poles and fire alarm circuits or any similar municipal equipment at its own expense from all poles required to be removed under the provisions of this chapter in ample time to enable the owner or user of such poles to remove the same within the time specified in the ordinance enacted pursuant to Section 13.12.030. (Prior code § 8400.9)

13.12.160 Extension of time to complete requirements due to unforeseeable circumstances.

In the event that any act required by this chapter or by an ordinance enacted pursuant to Section 13.12.030 cannot be performed within the time herein provided on account of shortages of materials, war, restraint by public authorities, strikes, labor disturbances, or any other circumstances beyond the control of the parties, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such Limitation. (Prior code § 8400.10)

13.12.170 Project coordinator—Designated—Responsibilities.

A. Designation. The city engineer, department of public works, city of San Luis Obispo, is appointed as project coordinator.

B. Responsibilities. The project coordinator shall provide liaison between the city and the property owners, subscribers and utility companies. He or she shall assist the city clerk in the enforcement of Section 13.12.140, by notifying the city clerk of those properties which have not complied with the section, and by obtaining quotations from electrical contractors when it becomes necessary for the city to have the work accomplished, resulting from the property owners failure to do so. The project coordinator shall keep a record of all cost incurred by the city in undergrounding utilities on private property and shall report the costs to the city clerk upon completion of the work. (Ord. 983 § 5, 1983: prior code § 8400.11)

13.12.180 Undergrounding work to be done by city pursuant to Section 13.12.140—Cost quotations required.

A minimum of three firm quotations shall be obtained from licensed electrical contractors doing business within the city for each parcel or lot to be undergrounded pursuant to Section 13.12.140. The low bidder shall be awarded the bid subject to the approval of the city clerk and council. (Prior code § 8400.12)