Chapter 7.10
UNDERGROUND UTILITY DISTRICTS

Sections:

7.10.010    Definitions.

7.10.020    Findings and declaration by city council.

7.10.030    Determination of area of proposed district – Notice of hearing.

7.10.040    Hearing by city council – Adoption of resolution establishing district.

7.10.050    Notice of formation of district.

7.10.060    Maintenance of overhead facilities in established districts prohibited – Exceptions.

7.10.070    Underground construction by utility companies.

7.10.080    Responsibility of property owners – Notice to property owners to provide underground facilities.

7.10.090    Performance of work or disconnection of service by city when owner fails to do work – Report to city council of costs – Council to fix time to hear protests.

7.10.100    Notice to occupant and owner of assessment and time of hearing of protests.

7.10.110    Hearing and action on assessments by city council.

7.10.120    Assessment constitutes lien on property – Interest on unpaid assessments.

7.10.130    Responsibility of city to remove city-owned equipment from poles.

7.10.140    Extensions of time.

7.10.150    Exemptions.

For state law as to conversion of overhead utility facilities to underground locations see Sts. and H.C. §§ 5896.1 to 5896.17. As to placing utilities underground for new or remodeled buildings, see SLTCC 6.15.180 et seq.

7.10.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

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

“Communication service” means the transmission of intelligence by electrical means, including but not limited to telephone, telegraph, messenger-call, clock, police, fire alarm and traffic control circuits and circuits for the transmission of standard television or signals.

“Convert or conversion” means the removal of all or any part of any existing overhead electric or communication facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations.

“Electric or communication facilities” means any works or improvements used or useful in providing electric or communication services including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. “Electric facilities” shall not include any facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of 35,000 volts.

“Electric service” means the distribution of electricity for heat, light or power.

“Overhead electric or communication facilities or overhead facilities” means electric or communication facilities located, in whole or in part, above the surface of the ground.

“Public utility” means any person or corporation that provides electric or communication service to the public by means of electric or communication facilities.

“Underground electric or communication facilities” means electric or communication facilities located beneath the surface of the ground.

“Underground utility district or district” means an area of the city within which overhead electric or communication facilities are prohibited by an ordinance adopted pursuant to the provisions of SLTCC 7.10.040. (Ord. 134 § 3. Code 1997 § 30-1)

7.10.020 Findings and declaration by city council.

The city council finds that there are many areas of the city in which the public necessity, health or safety requires the removal of poles and overhead wires and associated overhead structures from the public streets, alleys and ways within certain areas of the city. The city council hereby declares that it is its intention in adopting this chapter to provide a procedure for the removal of overhead lines which shall be alternative to that provided by Chapter 28 (commencing with Section 5896.1), Part 3, Division 7, of the Streets and Highways Code of the state. (Ord. 134 § 3. Code 1997 § 30-2)

7.10.030 Determination of area of proposed district – Notice of hearing.

Upon its own motion, or upon a petition signed by not less than 20 property owners or by property owners owning more than one-half of the assessable property within a proposed district, the city council shall, by resolution, determine the area to be included in a proposed district, and set a date for a public hearing to determine if the public necessity, health or safety requires the removal of overhead electric or communication facilities within all or any part of such proposed district. Notice of such hearing shall be given by doing all of the following not later than 30 days prior to such hearing:

A. Mailing a copy of such resolution to all property owners within such proposed district as shown by the last equalized assessment roll used by the city, and to all public utilities having overhead electric or communication facilities within such proposed district;

B. Posting copies of such resolution along all public streets within such proposed district at intervals of not more than 300 feet; and

C. Publishing such resolution in the official city newspaper one time. (Ord. 134 § 3. Code 1997 § 30-3)

7.10.040 Hearing by city council – Adoption of resolution establishing district.

At the time and place set for the hearing, the city council shall hear all persons interested and shall determine whether the public necessity, health or safety requires the removal of overhead electric or communication facilities within all or any part of the proposed district. The hearing may be continued from time to time. If the city council determines and finds that the public necessity, health or safety requires the removal of overhead electric or communication facilities within all or any part of the proposed district, the city council may, by resolution, declare such area an underground utility district. Such resolution shall include a description of the area comprising such district and shall fix the time within which the overhead electric or communication facilities shall be removed and within which affected property owners must be ready to receive underground service. The city council shall allow a reasonable time for such removal, having due regard to weather conditions and 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. (Ord. 134 § 3; Ord. 178 § 1. Code 1997 § 30-4)

7.10.050 Notice of formation of district.

Within 30 days after the passage of a resolution pursuant to SLTCC 7.10.040, the city clerk shall notify all affected utilities and all persons owning real property within the district described in such resolution of the adoption thereof. The city clerk shall further notify such property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric or communication 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 state laws and city ordinances.

Notification shall be made by mailing a copy of such resolution, together with a copy of this chapter, to the affected utilities and to affected property owners as such are shown on the last equalized tax roll used by the city. (Ord. 134 § 3; Ord. 178 § 2. Code 1997 § 30-5)

7.10.060 Maintenance of overhead facilities in established districts prohibited – Exceptions.

Whenever the city council, by resolution, declares an area of the city to be an underground utility district, as provided in SLTCC 7.10.040, it shall be unlawful for any person or public utility to maintain any overhead facilities within such district after the date when such overhead facilities are required to be removed, except as such overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant or the director of public works of the underground work necessary for such owner or occupant to continue to receive utility service as provided in SLTCC 7.10.080 and 7.10.090, and for such reasonable time required to remove facilities after such work has been performed, and except as otherwise provided in this chapter. 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 shall occur. (Ord. 134 § 3; Ord. 178 § 3. Code 1997 § 30-6)

7.10.070 Underground construction by utility companies.

If underground construction is necessary to provide utility service within the area designated by a resolution adopted pursuant to SLTCC 7.10.040, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under it applicable rules, regulations and tariffs on file with the commission. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the commission, and shall be completed within the time for removal of overhead facilities specified in such resolution. (Ord. 134 § 3; Ord. 178 § 4. Code 1997 § 30-7)

7.10.080 Responsibility of property owners – Notice to property owners to provide underground facilities.

A. All underground construction and conduits, conductors and associated equipment necessary to receive utility service between the service facilities referred to in SLTCC 7.10.070 and the service facilities in the building or structure being served shall be provided by the person owning, operating, leasing or renting such property, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. If the above is not accomplished by any person within the time provided for in the resolution adopted pursuant to SLTCC 7.10.040, the director of public works shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof, to provide the required underground facilities within 10 days after receipt of such notice.

B. Notice pursuant to subsection (A) of this section may be given either by personal service or by certified mail. In case of service by certified mail, the notice shall be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises, and the notice shall be addressed to the owner thereof as such owner’s name appears, and shall be addressed to such owner’s last known address as the same appeared on the last equalized assessment roll used by the city, and when no address appears, to general delivery at the post office nearest such premises, city of South Lake Tahoe, California. 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 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the director of public works 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 in a conspicuous place on such premises.

C. The notice given pursuant to subsection (A) of this section shall particularly specify what work is required to be done, and shall state that if such work is not completed within 10 days after receipt of such notice, the director of public works:

1. Will provide 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; or

2. Post written notice upon the property being served and 30 days thereafter shall have the authority to order the disconnection or removal of any and all overhead service wires and associated facilities supplying utility service to such property. (Ord. 134 § 3; Ord. 178 § 5; Ord. 248 § 1. Code 1997 § 30-8)

7.10.090 Performance of work or disconnection of service by city when owner fails to do work – Report to city council of costs – Council to fix time to hear protests.

If upon the expiration of the 10-day period specified in SLTCC 7.10.080(C), the required underground facilities have not been provided, the director of public works shall, as may be set forth in such notice, do one of the following:

A. Forthwith proceed to do the work; provided, that if such premises are unoccupied and no electric or communication services are being furnished thereto, the director of public works may, in lieu of providing the required underground facilities, order the disconnection of all existing connections used for furnishing electric and communication services to such premises. Upon completion of the work by the director of public works, 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 the legal description of the property against which such cost is to be assessed. The city 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 be not less than 10 days thereafter; or

B. Forthwith post written notice upon the principal building upon such property that 30 days after the date of posting all overhead service wires and associated facilities supplying utility service to such property will be disconnected and/or removed. Thirty days after the posting of such notices he shall disconnect and/or remove, or cause to be disconnected and/or removed, all such overhead wires and associated facilities. (Ord. 134 § 3; Ord. 248 § 2. Code 1997 § 30-9)

7.10.100 Notice to occupant and owner of assessment and time of hearing of protests.

The director of public works shall forthwith, upon the time for hearing such protests having been fixed, 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 hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the city council will pass upon the report of the director of public works and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (Ord. 134 § 3. Code 1997 § 30-10)

7.10.110 Hearing and action on assessments by city council.

Upon the date and hour set for the hearing of protests, the city council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify or reject the assessment. (Ord. 134 § 3. Code 1997 § 30-11)

7.10.120 Assessment constitutes lien on property – Interest on unpaid assessments.

If any assessment is not paid within five days after its confirmation by the city council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the director of public works, and the director of public works is directed to turn over to the assessor and tax collector of the county a notice of lien on each of such properties on which the assessment has not been paid, and the county assessor and tax collector shall add the amount of such assessment to the next regular bill for taxes levied against the premises upon which such assessment was not paid. Such assessment shall be due and payable at the same time as such 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. (Ord. 134 § 3. Code 1997 § 30-12)

7.10.130 Responsibility of city to remove city-owned equipment from poles.

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 adopted pursuant to SLTCC 7.10.040. (Ord. 134 § 3; Ord. 178 § 6. Code 1997 § 30-13)

7.10.140 Extensions of time.

In the event that any act of any party under this chapter cannot be performed within the time herein provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances 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 limitations. (Ord. 134 § 3. Code 1997 § 30-14)

7.10.150 Exemptions.

The provisions of this chapter shall not apply to the following types of facilities and situations:

A. Poles without overhead lines used exclusively for fire or police alarm boxes, lighting purposes or traffic control.

B. 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.

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

D. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts. Such facilities shall be located so as to harmonize with the area or screened and landscaped. The city council may, after hearing with the utility companies and affected property owners, by resolution, require that all or part of the transformers and service terminals be flush with or below the surface of the ground at the point of installation.

E. Overhead wires required to be erected on a temporary basis to give emergency service for less than a seven-day period, which period may be extended by the director of public works.

F. Overhead wires (exclusive of supporting structures) crossing any portion of an area from which overhead wires have been prohibited, when such wires originate in an area from which poles and overhead wires and associated structures have not been prohibited.

G. The city council may, in any resolution adopted pursuant to SLTCC 7.10.040, grant special permission, on such terms as the city council may deem appropriate in cases of emergency or unusual circumstances, excluding financial consideration, 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. (Ord. 134 § 3; Ord. 178 § 7. Code 1997 § 30-15)