Chapter 12.20
UNDERGROUND UTILITIES*
Sections:
12.20.020 Underground installation required.
12.20.030 Connections to existing overhead facilities.
12.20.040 Certain aboveground facilities permitted.
12.20.050 Ownership and maintenance of facilities.
12.20.070 Public hearing--Notice.
12.20.080 District designation by resolution.
12.20.100 Exceptions--Emergency or unusual circumstances.
12.20.110 Exceptions--Exempt facilities specified.
12.20.120 Notice of resolution to property owners and utility companies.
12.20.130 Responsibility of utility companies.
12.20.140 Compliance by owners required--Posting of notice.
12.20.150 Notice--Service specifications.
12.20.160 Notice--Authority to proceed with work--Protest hearing--Assessment.
12.20.170 Responsibility of city.
* For the statutory provisions on the conversion of overhead electrical and communication facilities to underground locations, see Str. & H. Code §5896.1 et seq.; for statutory provisions providing for the assessment of properties obtaining connections to underground facilities, see Gov. Code §38793.
12.20.010 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.
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 12.20.080.
E. “Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 4-69 §1, 1969).
12.20.020 Underground installation required.
Except as otherwise provided in this chapter, all new installations and extensions of public utilities facilities for power, street lighting and communications purposes shall be installed underground. (Ord. 4-69 §2, 1969).
12.20.030 Connections to existing overhead facilities.
A. In areas served by existing overhead facilities all new service drops shall be installed underground from the most convenient existing pole.
B. Underground facilities will not be required for a remodeled structure on a lot of record as of the effective date of this chapter unless the electrical service connection is altered. Alteration of the electrical service connection shall require conversion to underground service.
C. In locations served by existing overhead facilities located in rear yard easements, a new service drop may be served overhead if this is the last possible lot that will be served by the particular pole. If two or more possible services may be served from the pole, the new service shall be underground and an underground riser shall be installed adequate to serve all foreseeable needs for services from that location.
D. Extensions of existing overhead facilities are prohibited. Relocation of existing poles shall be permitted when it does not constitute an extension or reconstruction of existing facilities and individual pole relocations are required to accommodate the location of driveways, trees, curbs and gutters, hydrants, storm drains, sewers and other overhead or underground utilities in the public right-of-way. Nothing herein shall prevent improvements to existing overhead facilities which are designed to enlarge the capacity of such facilities, as distinguished from extending such existing facilities. (Ord. 4-69 §3, 1969).
12.20.040 Certain aboveground facilities permitted.
A. In residential areas, transformers, disconnect switches, junction boxes, fuses and pedestal mounted terminal boxes may be placed aboveground in enclosures as approved by the zoning administrator. Such facilities shall be so located as to harmonize with the area, or screened or landscaped. The city council may, by resolution, require that all or part of the transformers and service terminals be flush with or below the official sidewalk and/or curb grade.
B. In commercial areas, disconnect switches, transformers, fuses, junction boxes and pedestal mounted terminal boxes may be placed aboveground provided a suitable location is found that will be essentially hidden from the general public view. All such locations shall be approved by the zoning administrator. (Ord. 4-69 §4, 1969).
12.20.050 Ownership and maintenance of facilities.
All underground and aboveground facilities shall be owned and maintained by the utility in accordance with the Utility’s Rules on file with the California Public Utilities Commission. (Ord. 4-69 §5, 1969).
12.20.060 Exceptions.
Sections 12.20.010 through 12.20.050 of this chapter shall not apply to the following types of facilities:
A. Aboveground wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location of the building to another location on the same building or to an adjacent building located on the same property;
B. Antennae, their associated equipment and supporting structures used by a utility or persons for furnishing or receiving communication transmissions;
C. Poles without aboveground wires used exclusively for lighting purposes or traffic control;
D. This chapter does not prohibit the repair or maintenance of overhead power and communication systems existing on June 25, 1969;
E. Exceptions to the requirements of this chapter may be granted by the zoning administrator in cases of emergency for the temporary installation of aboveground facilities for periods not to exceed thirty days;
F. Extensions of overhead lines may be granted by the zoning administrator for the provision of service to isolated lots presently located beyond the existing service facilities. Services to the lots are to be placed underground from the last pole of the newly installed overhead extension of the service lines. (Ord. 4-69 §6, 1969).
12.20.070 Public hearing--Notice.
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. 4-69 §7, 1969).
12.20.080 District designation 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. 4-69 §8, 1969).
12.20.090 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 12.20.080, 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 said 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 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 12.20.140 through 12.20.160, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter. (Ord. 4-69 §9, 1969).
12.20.100 Exceptions--Emergency or unusual circumstances.
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 case 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. 4-69 §10, 1969).
12.20.110 Exceptions--Exempt facilities specified.
Sections 12.20.070 through 12.20.180 of this chapter and any resolution adopted pursuant to Section 12.20.080, 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 without aboveground wires used exclusively for street lighting or traffic control;
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 voltage 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. 4-69 §11, 1969).
12.20.120 Notice of resolution to property owners and companies.
Within ten days after the effective date of a resolution adopted pursuant to Section 12.20.080, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said 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.
Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.20.080, 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. 4-69 §12, 1969).
12.20.130 Responsibility of utility companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.20.080, 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. 4-69 §13, 1969).
12.20.140 Compliance by owners required--Posting of notice.
A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide those portions of the service connection on his property between the facilities referred to in Section 12.20.130 and the termination facility on or within said 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 said 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 12.20.080, the city manager 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 said property. (Ord. 4-69 §14(a), (b), 1969).
12.20.150 Notice--Service specifications.
A. As an alternative or additional procedure to that provided in Section 12.20.140 B, and for doing the work and placing a lien on the property to secure the payment for same, the city manager may, if the above work is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 12.20.080, 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.
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 Half Moon Bay. If notice is given by mail, such notice is 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 manager 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 posted in a conspicuous place on said premises. (Ord. 4-69 §14(c), (d), 1969).
12.20.160 Notice--Authority to proceed with work--Protest hearing--Assessment.
A. The notice given by the city manager to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty days after receipt of such notice, the city manager 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.
B. If upon the expiration of the thirty day period, the said required underground facilities have not been provided, the city manager shall forthwith proceed to do the work or cause it to be done; provided, however, if such premises are unoccupied and no electric or communication services are being furnished thereto, the city manager 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 said property. Upon completion of the work by the city manager, 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 said time shall not be less than ten days thereafter.
C. The city manager 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.
D. Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.
E. 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 manager, and the city manager is directed to turn over to the assessor and tax collector a notice of lien on each of said properties on which the assessment has not been paid, and said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said 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. 4-69 §14(e)--(i), 1969).
12.20.170 Responsibility of city.
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 12.20.080. (Ord. 4-69 §15, 1969).
12.20.180 Extension of time.
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.20.080 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. 4-69 §16, 1969).