Division IV. Underground Utilities
Chapter 13.68
PROCEDURES AND REGULATIONS*
Sections:
13.68.030 Designation of districts.
13.68.040 Overhead utilities prohibited in districts – Exceptions generally.
13.68.050 Overhead utilities permitted – Emergency or unusual circumstances.
13.68.060 Exempted facilities.
13.68.070 Notice to utilities and property owners.
13.68.080 Responsibility of utilities.
13.68.090 Responsibility of property owners.
13.68.095 Alternative procedures.
13.68.100 Responsibility of city.
* For statutory provisions on conversion of overhead utility facilities, see Streets and Highways Code § 5896.1 et seq.; for provisions on implementation of orders of a municipal underground utility district, see Government Code § 38793.
13.68.010 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. “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 aboveground within a district and used or useful in supplying electric, communication, or similar or associated service.
C. “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 FMC 13.68.030.
D. “Utility” includes all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices. (Ord. 313 § 1, 1969).
13.68.020 Public hearing.
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 the utilities concerned by mail of the time and place of such hearings at least 15 days prior to the date thereof.
C. Each such hearing shall be open to the public and may be continued from time to time. At such hearings all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive. (Ord. 78-403 § 1; Ord. 313 § 2, 1969).
13.68.030 Designation of districts.
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. 313 § 3, 1969).
13.68.040 Overhead utilities prohibited in districts – Exceptions generally.
Whenever the council creates an underground utility district and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in FMC 13.68.030, 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 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 of the underground work necessary for such owner or occupant to continue to receive utility services as provided in FMC 13.68.090, 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. 2013-703 § 2; Ord. 313 § 4, 1969).
13.68.050 Overhead utilities permitted – 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. 313 § 5, 1969).
13.68.060 Exempted facilities.
This chapter and any resolution adopted pursuant to FMC 13.68.030 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 superintendent of public works;
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. 313 § 6, 1969).
13.68.070 Notice to utilities and property owners.
A. Within 10 days after the effective date of a resolution adopted pursuant to FMC 13.68.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution or 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 or the affected utility shall provide all necessary facility changes on the affected premises so as to receive such service from lines of the supplying utility or utilities as 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 FMC 13.68.030 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. (Ord. 2013-703 § 2; Ord. 313 § 7, 1969).
13.68.080 Responsibility of utilities.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to FMC 13.68.030, 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. 313 § 8, 1969).
13.68.090 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 FMC 13.68.080 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. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to FMC 13.68.030, the superintendent 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 as shown on the last equalized assessment roll, to provide the required underground facilities within 10 days after the receipt of such notice.
B. 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 Delivery, City of Fortuna. 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 superintendent to 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 the premises.
C. The notice given by the superintendent of public works 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 superintendent of public works 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.
D. If upon the expiration of the 30-day period, the required underground facilities have not been provided, the superintendent of public works shall forthwith proceed to do the work; provided, however, if the premises are unoccupied and no electric or communications services are being furnished thereto, the superintendent of public works 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 superintendent 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 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 superintendent 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 thereof to the owner thereof, in the manner provided in subsection (B) of this section 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 superintendent of public works, and the superintendent of public works is directed to turn over to the assessor and tax collector a notice of lien on each of the 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. 313 § 9, 1969).
13.68.095 Alternative procedures.
A. As an alternative procedure to that described in FMC 13.68.090, the city may direct the supplying utilities to engineer, construct, and provide that portion of the service connection on the private property between the facilities referred to in FMC 13.68.080 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. Any portion of the work that will not be completed by the supplying utility shall be completed by the affected person owning, operating, leasing, occupying, or renting a building or structure within the district.
C. When using this alternative procedure, if any work remains to be done by the private property owner, the procedures described in FMC 13.68.090 shall control. (Ord. 2013-703 § 2).
13.68.100 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 FMC 13.68.030. (Ord. 313 § 10, 1969).
13.68.110 Extensions of time.
In the event that any act required by this chapter or by a resolution adopted pursuant to FMC 13.68.030 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. 313 § 11, 1969).