Chapter 13.60
UNDERGROUNDING OF UTILITIES1
Sections:
13.60.030 Determination of undergrounding – City council authority.
13.60.040 Districts designated by council resolution.
13.60.050 Overhead facilities – Permitted when.
13.60.060 Overhead facilities – Prohibited when.
13.60.070 Exceptions to undergrounding requirements.
13.60.080 Notification of undergrounding to property owners and utilities.
13.60.090 Utility company responsibilities.
13.60.100 City responsibilities.
13.60.110 Property owners – Work to be done.
13.60.120 Property owners – Notification requirements.
13.60.130 Failure to provide facilities – City to complete work – Costs.
13.60.140 Hearing of protests against cost assessment.
13.60.150 Cost assessment deemed lien on property when.
13.60.160 Extensions of time authorized when.
13.60.170 Violation – Penalty.
13.60.010 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. “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, 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 described in a resolution adopted pursuant to the provisions of Section 13.60.040 of this chapter.
E. “Utility” means and includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 276 § 1, 1979).
13.60.020 Effective date.
The ordinance codified in this chapter became effective immediately upon its adoption on April 10, 1979, as it relates to street improvement proceedings as per Government Code Section 36937. (Ord. 276 § 14, 1979).
13.60.030 Determination of undergrounding – City council authority.
A. 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.
B. 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. 276 § 2, 1979).
13.60.040 Districts designated by council 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 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. 276 § 3, 1979).
13.60.050 Overhead facilities – Permitted when.2
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten 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. 276 § 5, 1979).
13.60.060 Overhead facilities – Prohibited when.
Whenever the council created an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein, as provided in Section 13.60.040, 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 such overhead facilities are required to be removed by such resolution, 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 of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Sections 13.60.110 through 13.60.150 of this chapter, and for such reasonable time required to remove such facilities after the work has been performed, and except as otherwise provided in this chapter. (Ord. 276 § 4, 1979).
13.60.070 Exceptions to undergrounding requirements.
This chapter and any resolution adopted pursuant to Section 13.60.040 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 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 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. 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. 276 § 6, 1979).
13.60.080 Notification of undergrounding to property owners and utilities.
A. Within ten days after the effective date of a resolution adopted pursuant to Section 13.60.040 of this chapter, 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.
B. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 13.60.040, 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. (Ord. 276 § 7, 1979).
13.60.090 Utility company responsibilities.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.60.040, 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. (Ord. 276 § 8, 1979).
13.60.100 City responsibilities.
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 owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 13.60.040 of this chapter. (Ord. 276 § 10, 1979).
13.60.110 Property owners – Work to be done.
Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 13.60.090 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. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 13.60.040, the city engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice. (Ord. 276 § 9(a), 1979).
13.60.120 Property owners – Notification requirements.
A. The notice to provide the required underground facilities may be given either 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 thereof as such owner’s name appears, and must be addressed to such owner’s last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Deliver, City of Cotati. 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 engineer 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 posed in a conspicuous place on said premises.
B. The notice given by the city engineer 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 engineer 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. (Ord. 276 § 4(b) and (c), 1979).
13.60.130 Failure to provide facilities – City to complete work – Costs.
If, upon the expiration of the thirty-day period designated in Section 13.60.120, the required underground facilities have not been provided, the city engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the city engineer 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 by the city engineer, 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 ten days thereafter. (Ord. 276 § 4(d), 1979).
13.60.140 Hearing of protests against cost assessment.
A. The city engineer 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 thereof 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 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.
B. 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. (Ord. 276 § 4(e) and (f), 1979).
13.60.150 Cost assessment deemed lien on property when.
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 engineer, and the city engineer is directed to turn over to the assessor and tax collector a notice of lien on each of such 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 the 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. 276 § 4(g), 1979).
13.60.160 Extensions of time authorized when.
In the event that any act required by this chapter, or by a resolution adopted pursuant to Section 13.60.040 of this chapter, 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. 276 § 11, 1979).
13.60.170 Violation – Penalty.
It is unlawful for any person to violate any provision or fail to comply with 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 five hundred dollars ($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. 276 § 12, 1979).
Prior ordinance history: Ord. 95
For statutory provisions regarding conversion of existing overhead electrical and communication facilities to underground locations, see Str. & Hwy. Code § 5896.1 et seq.; for provisions regarding municipal underground utility districts, see Gov. Code § 38793.
If the city prefers, this could be the director of public works, or some other appropriate city official.