Chapter 13.28
UNDERGROUND UTILITY DISTRICTS
Sections:
13.28.010 Definitions.
13.28.020 Public hearing by city council.
13.28.030 Council may designate underground districts by resolution.
13.28.040 Unlawful acts.
13.28.050 Exception, emergency or unusual circumstances.
13.28.060 Other exceptions.
13.28.070 Notice to property owners and utility companies.
13.28.080 Responsibility of utility companies.
13.28.090 Responsibility of property owners.
13.28.100 Responsibility of city.
13.28.110 Extension of time.
13.28.120 Undergrounding utilities in areas outside existing districts—Required.
13.28.130 Underground utilities in areas outside existing districts—Locations where applicable.
13.28.140 Undergrounding utilities in areas outside existing districts—Exceptions.
13.28.010 Definitions.
When 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:
“Commission” means the Public Utilities Commission of the state of California.
“Person” means and includes individuals, firms, corporations, partnerships and their agents and employees.
“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.
“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 13.08.030.
“Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Prior code § 17A.1)
13.28.020 Public hearing by city council.
The city 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 places of such hearings at least fifteen (15) days prior to the date thereof. Each 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. 02-5 § 17: prior code § 17A.2)
13.28.030 Council may designate underground districts by resolution.
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 comprising such district and shall fix the time 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. (Prior code § 17A.3)
13.28.040 Unlawful acts.
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 13.28.030, 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 poles, overhead wires and associated overhead structures are required to be removed by such resolution, except as the poles, overhead wires and associated overhead structures 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 13.28.090, and for such reasonable time required to remove the poles, overhead wires and associated overhead structures after the work has been performed, and except as otherwise provided in this chapter. (Prior code § 17A.4)
13.28.050 Exception, emergency or unusual circumstances.
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten (10) 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. (Prior code § 17A.5)
13.28.060 Other exceptions.
This chapter and any resolution adopted pursuant to Section 13.28.030 shall, unless otherwise 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. 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;
D. 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 (34,500) volts;
E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location of the building to another location on the same building or to an adjacent building without crossing any public street;
F. Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;
G. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts;
H. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (Prior code § 17A.6)
13.28.070 Notice to property owners and utility companies.
Within ten (10) days after the effective date of a resolution adopted pursuant to Section 13.28.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by such 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 the applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.
Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 13.28.030, 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. (Prior code § 17A.7)
13.28.080 Responsibility of utility companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.28.030, 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. (Prior code § 17A.8)
13.28.090 Responsibility of property owners.
A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his or her property between the facilities referred to in Section 13.28.080 and the termination facility on or within the building or structure being served, all in accordance with the 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 13.28.030, the city engineer shall post written notice on the property being served and thirty (30) 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. (Prior code § 17A.9)
13.28.100 Responsibility of city.
The city shall remove at its own expense all city-owned equipment from all poles required to be removed hereunder in ample time to enable the owners or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 13.28.030. (Prior code § 17A.10)
13.28.110 Extension of time.
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.28.030 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. (Prior code § 17A.11)
13.28.120 Undergrounding utilities in areas outside existing districts—Required.
All electrical energy and communication service laterals to any new building or structure, or to any building or structure other than a single-family residential building or structure, being remodeled or repaired when such remodeling or repair work requires the relocation or replacement of the main electrical energy or communication service equipment, shall be placed underground in accordance with the applicable rules and regulations of, and the tariffs on file with, the Public Utilities Commission of the state of California. With the written consent of the owner of a single-family residential building or structure, all electrical energy and communication service laterals to such building or structure being remodeled or repaired when such remodeling or repair work requires the relocation or replacement of the main electrical energy or communication service equipment shall be so placed underground. This requirement shall be stated in each building permit issued for such kinds of types of construction. (Prior code § 17A.13)
13.28.130 Underground utilities in areas outside existing districts—Locations where applicable.
This requirement to underground electrical energy and communication service laterals shall be applicable only to those buildings or structures located or to be constructed within an area of the city being served from an overhead source from the street at the time the building permit is obtained and is not applicable to such service from rear lot easements, or public alleys or ways. (Prior code § 17A.14)
13.28.140 Undergrounding utilities in areas outside existing districts—Exceptions.
Where compliance with the requirement to underground electrical energy and communication service laterals is not economically or practicably feasible, the building official of the city may authorize different arrangements for electrical and communication service. The extension of an underground service lateral across a street or to a pole in front of adjacent property shall be considered uneconomical. Whenever an exception is granted as provided for herein, the new service shall be of a type that will permit an economical change to underground service at a later date. (Prior code § 17A.15)