Chapter 12.24
UNDERGROUND UTILITIES
Sections:
12.24.020 Petition required for establishment.
12.24.030 Public hearing by council.
12.24.040 Council may designate districts by resolution.
12.24.044 District area established by reconstruction.
12.24.045 District area established by initial improvements.
12.24.046 Preexisting condition.
12.24.060 Overhead facilities permitted for emergencies.
12.24.070 Provisions not applicable to certain types of utilities.
12.24.080 Notice to property owners and utility companies.
12.24.090 Responsibility of utility companies.
12.24.100 Responsibility of property owners.
12.24.110 Responsibility of city.
12.24.010 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.
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 aboveground 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 (1) described in a resolution adopted pursuant to the provisions of section 12.24.040; or, (2) designated pursuant to the provisions of sections 12.24.044, 12.24.45, or 12.24.46.
E. Utility: includes all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices. (Ord. 2002-10, Amended, 10/15/2002; Ord. 78-4 § 1 (part): prior code § 17000)
12.24.020 Petition required for establishment.
Prior to a public hearing as referred to in Section 12.24.030, any property owner who is a proponent for the establishment of an underground utility district shall secure the names of at least fifty-one percent of the property owners within the proposed district on a petition supplied by the city requesting that the district be formed. When this has been filed with the city, the date of the public hearing may be set. (Ord. 78-4 § 1 (part): prior code § 17001 (part))
12.24.030 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 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. 78-4 § 1 (part): prior code § 17001 (part))
12.24.040 Council may designate 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 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. 78-4 § 1 (part): prior code § 17002)
12.24.044 District area established by reconstruction.
Whenever an area undergoes reconstruction and all utilities serving a property parcel are placed underground, then that property and any successor property parcels shall be considered part of the underground district. Whenever an area undergoes reconstruction and all utilities along a City right-of-way are placed underground, then the portion of the City right-of-way where all utilities have been placed underground shall be considered part of the underground district. (Ord. 2002-10, Added, 10/15/2002)
12.24.045 District area established by initial improvements.
Whenever an area receives initial improvements and all utilities serving that area of property parcels and future or existing right-of ways are placed underground, then all parcels and any successor property parcels, and any City right-of-ways in that area shall be considered part of the underground district. (Ord. 2002-10, Added, 10/15/2002)
12.24.046 Preexisting condition.
Any areas, properties, parcels, City right-of-ways, already in a condition of having no overhead utilities due to reconstruction and/or the construction of initial improvements as of the date of the establishment of this ordinance shall also be considered part of the underground district. (Ord. 2002-10, Added, 10/15/2002)
12.24.050 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 12.24.040, 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 12.24.100, 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. 78-4 § 1 (part): prior code § 17003)
12.24.060 Overhead facilities permitted for emergencies.
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed fourteen days, without authority of the city council in order to provide emergency service. The city council may grant special permission on such terms as the city 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. 78-4 § 1 (part): prior code § 17004)
12.24.070 Provisions not applicable to certain types of utilities.
This chapter and any resolution adopted pursuant to Section 12.24.040 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 any 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 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 or alley;
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. (Ord. 78-4 § 1 (part): prior code § 17005)
12.24.080 Notice to property owners and utility companies.
A. Within ten days after the effective date of a resolution adopted pursuant to Section 12.24.040, 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 or adopted by the city.
B. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.24.040, together with a copy of the ordinance codified in this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 78-4 § 1 (part): prior code § 17006)
12.24.090 Responsibility of utility companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.24.040, 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 or adopted by the city. (Ord. 78-4 § 1 (part): prior code § 17007)
12.24.100 Responsibility of property owners.
A. Every person owning, operating, leasing, occupying, or renting a building or structure in a district shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 12.24.090 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 or adopted by the city.
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 12.24.040, the city engineer shall post written notice in a conspicuous place on the property being served and give written notice by mail to all customers being billed for the utility 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. 78-4 § 1 (part): prior code § 17008)
12.24.110 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 Section 12.24.040. (Ord. 78-4 § 1 (part): prior code § 17009)
12.24.120 Extension of time.
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.24.040 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. 78-4 § 1 (part): prior code § 17010)
12.24.130 Violation.
Violation of any provision of this Chapter or failure to comply with any of its requirements is unlawful and an offense. Each day during any portion of which any violation of any of the provisions of this Chapter is committed, continued or permitted, is a separate and distinct violation. Such violations are punishable as provided by Chapter 21.01 of Title 21. (Ord. 2006-07, Amended, 06/06/2006; Ord. 92-04 § 34: Ord. 78-4 § 1 (part): prior code § 17011)