Chapter 13.08
UNDERGROUND UTILITIES
Sections:
13.08.010 Findings.
13.08.020 Definitions.
13.08.030 Requirement.
13.08.040 Necessity hearing.
13.08.050 Districts—Designation.
13.08.060 Unlawful acts.
13.08.070 Exception—For emergency service.
13.08.080 Other exceptions.
13.08.090 Notice to property owners and utility companies.
13.08.100 Responsibility of utility companies.
13.08.110 Responsibility of property owners.
13.08.120 Responsibility of city.
13.08.130 Extension of time.
13.08.140 Hardship.
13.08.150 Existing facilities.
13.08.160 Violation—Penalty.
13.08.010 Findings.
The city council finds and determines that the public interest requires that facilities and wires for the extension of existing facilities for the supply and distribution of electrical energy and service, including communication service, be placed underground in order to promote and preserve the health, safety and general welfare of the public, and to assure the orderly development of the city. (Ord. 37 § 1 (part), 1971: prior code § 3-501)
13.08.020 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 above ground within a district and used or useful in supplying electric, communication or similar or associated service.
D. “Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
E. “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 13.08.050. (Ord. 70 § 1, 1972)
13.08.030 Requirement.
It is ordered by the city council that:
A. All new extensions of existing utility distribution facilities, including but not limited to electric, communication and cable television lines, hereafter constructed or installed in the city, shall be placed underground.
B. Electric and communication service wires or cables to any new building or structure shall be placed underground unless special permission to construct the facilities above ground is granted, as hereinafter provided.
C. It will be the responsibility of the applicant for electric, communication or similar or associated service to make the necessary arrangements with the utility companies involved for the underground installation of wires and facilities required for such new extensions or service, or both, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the California Public Utilities Commission. (Ord. 37 § 1 (part), 1971: prior code § 3-502)
13.08.040 Necessity hearing.
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. 70 § 2, 1972)
13.08.050 Districts—Designation.
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. 70 § 3, 1972)
13.08.060 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 13.08.050, 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 13.08.110, 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. 70 § 4, 1972)
13.08.070 Exception—For emergency service.
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. 70 § 5, 1972)
13.08.080 Other exceptions.
This chapter and any resolution adopted pursuant to Section 13.08.050 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. 70 § 6, 1972)
13.08.090 Notice to property owners and utility companies.
Within ten days after the effective date of a resolution adopted pursuant to Section 13.08.050, 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 desires 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.
Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 13.08.050, together with a copy of the ordinance codified herein, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 70 § 7, 1972)
13.08.100 Responsibility of utility companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.08.050, 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. 70 § 8, 1972)
13.08.110 Responsibility of property owners.
A. 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 13.08.100 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.
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 13.08.050, the city engineer shall post written notice 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. 70 § 9, 1972)
13.08.120 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 13.08.050. (Ord. 70 § 10, 1972)
13.08.130 Extension of time.
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.08.050 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. 70 § 11, 1972)
13.08.140 Hardship.
Where the enforcement of the provisions of Section 13.08.030 would result in undue hardship, application for exception from the provisions thereof may be made in the following manner.
A. Written application shall be filed with the planning director, with a copy to the director of public works.
B. Such application shall include all information necessary to properly apprise the planning director and the director of public works of the circumstances existing which require such exception.
C. The planning director shall consider the application and shall, within twenty days after the filing of such application, grant or deny the exception. Any action taken by the planning director may be appealed to the planning commission. For subdivisions and developments, any exception must also be approved by the California Public Utilities Commission. (Ord. 37 § 1 (part), 1971: prior code § 3-504)
13.08.150 Existing facilities.
The provisions of Section 13.08.030 shall not prohibit the maintenance and operation of existing overhead facilities, nor prohibit the installation of overhead service lines to facilities already served by at least one overhead utility service, nor prohibit the connection of underground service lines to existing overhead utility distribution equipment. A utility may interset additional poles or other supporting structures or increase the height of existing poles or other supporting structures if such work takes place within the existing easements and locational confines of existing overhead utility facilities, and may continue to maintain, repair, replace and reinforce any facility or structure in order to maintain the integrity of any facility or structure existing on or before the effective date of the ordinance codified herein. (Ord. 37 § 1 (part), 1971: prior code § 3-505)
13.08.160 Violation—Penalty.
It is 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 is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 1.08.020 of this code. Each such person is 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 is punishable therefor as provided for in this section. (Ord. 70 § 12, 1972)