Chapter 13.12
UNDERGROUND UTILITY DISTRICTS
Sections:
13.12.020 Public hearing by council.
13.12.030 Initiation of proceedings.
13.12.050 Exception, emergency or unusual circumstances.
13.12.070 Notice to property owners and utility companies.
13.12.080 Responsibility of utility companies.
13.12.090 Responsibility of property owners.
13.12.100 Responsibility of city.
13.12.120 Violation – Penalty.
13.12.010 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, cross-arms, 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 EMC 13.12.030.
E. “Utility” includes all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices. (Ord. 74 § 1, 1976)
13.12.020 Public hearing by council.
The council may from time to time call public hearings to ascertain whether the public necessity, health, safety, or welfare requires the removal or 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 15 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. 135 § 1, 1983; Ord. 74 § 2, 1976)
13.12.030 Initiation of proceedings.
A. Part I – Initiation. Proceedings for a conversion shall be initiated by either a petition or a determination of the legislative body.
1. In order to initiate the proceedings, a petition shall:
a. Describe the proposed assessment district, as provided in Section 5181 of the Streets and Highways Code of the state;
b. Generally describe the proposed conversion;
c. Request that proceedings for such conversion be taken pursuant to Division 7 of the Streets and Highways Code.
2. In order to initiate the proceedings, the city council shall determine that the city or a public utility has voluntarily agreed to pay over 50 percent of all costs of conversion, excluding costs of users’ connections to underground electric or communications facilities.
B. Part II – Petition for Proceedings.
1. Signatures. A petition for proceedings for conversion shall be signed by not fewer than five owners of assessable land in the proposed assessment district, as shown by the last equalized assessment roll used by the city, owning lands constituting more than one-half of the area of all the assessable lands within the proposed assessment district.
2. Resolution of Intention. Upon presentation of the petition and certificate of sufficiency or upon a determination pursuant to EMC 13.12.020 and subdivisions (a) and (b) of Section 5896.5 of the Streets and Highways Code, the city council may adopt a resolution declaring its intention to order the conversion.
3. Designation by Resolution. If, after any public hearing provided for in EMC 13.12.020, the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council, by resolution, shall 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. 135 § 2, 1983; Ord. 74 § 3, 1976)
13.12.040 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 EMC 13.12.030, 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 EMC 13.12.090, and for such reasonable time required to remove said facilities after the work has been performed, and except as otherwise provided in this chapter. (Ord. 74 § 4, 1976)
13.12.050 Exception, emergency or unusual circumstances.
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed 10 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, install, maintain, use or operate poles, overhead wires, and associated overhead structures. (Ord. 74 § 5, 1976)
13.12.060 Other exceptions.
This chapter and any resolution adopted pursuant to EMC 13.12.030 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 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 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 on the building to another location on the same building or to an adjacent building without crossing any public street;
F. Antennas, 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. (Ord. 74 § 6, 1976)
13.12.070 Notice to property owners and utility companies.
A. Within 15 days after the effective date of a resolution adopted pursuant to EMC 13.12.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adopting 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.
B. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to EMC 13.12.030, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and the affected utilities. (Ord. 135 § 3, 1983; Ord. 74 § 7, 1976)
13.12.080 Responsibility of utility companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to EMC 13.12.030, 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. 74 § 8, 1976)
13.12.090 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 property between the facilities referred to in EMC 13.12.080 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 EMC 13.12.030, the city superintendent of streets shall post written notice at the principal building, structure or improvement upon the property being served and 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.
C. The notice given by the city superintendent of streets 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 30 days after receipt of such notice, the city superintendent of streets will provide such required underground facilities, but only provided that the owner executes a written request therefor and files the same with the clerk, 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 30-day period, the required underground facilities have not been provided, the city superintendent of streets shall forthwith proceed to do the work, but only provided that the owner executes a written request therefor and files the same with the clerk; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the city superintendent of streets, in lieu of providing the required underground facilities, shall have the authority to order the disconnection and removal of any and all overhead service to the property. Upon completion of the work by the city superintendent of streets, he shall file a written report with the city 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 10 days thereafter.
E. The city superintendent of streets, forthwith upon the time for hearing such protests having been fixed, shall give a notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof, in the manner provided by this chapter 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 also 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 are 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 superintendent of streets, and the city superintendent of streets is directed to turn over to the assessor and tax collector a notice of lien on each of said 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 same time as property taxes are due and payable and, if not paid when due and payable, shall bear interest at the rate of six percent per year.
H. In case of service by mail on any person or persons required to be served with notice, the notice must be deposited in the U.S. Mail in a sealed envelope, postage prepaid, addressed to the person or persons in possession of the premises, and the notice must be addressed to the owner or owners thereof, as such name or names appear, and must be addressed to such owner’s or owners’ last known address, as the same appears on the last equalized assessment roll, and when no address appears, to general delivery, city of ___________. If notice is given by mail, such notice shall be deemed to have been given and received by the person(s) to whom it has been sent, within 48 hours after the mailing thereof. If notice is given by mail, the city superintendent of streets shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by 10 inches in size, to be posted as provided by this chapter, in respect of the posting of notices. (Ord. 135 § 4, 1983; Ord. 74 § 9, 1976)
13.12.100 Responsibility of city.
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 EMC 13.12.030. (Ord. 74 § 10, 1976)
13.12.110 Extension of time.
In the event that any act required by this chapter or by a resolution adopted pursuant to EMC 13.12.030 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. 74 § 11, 1976)
13.12.120 Violation – Penalty.
It shall be 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 deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00 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. 74 § 12, 1976)