Chapter 12.15
UNDERGROUND WIRING DISTRICT
Sections:
12.15.010 Establishment of underground wiring assessment district.
12.15.020 Overhead wires prohibited.
12.15.040 Joint use of conduits permitted.
12.15.050 Control of electrical currents.
12.15.060 Traffic signal installations.
12.15.070 Specifications – Permits – Approval.
12.15.080 Inspection and compliance with permits.
12.15.090 Notice and violation.
12.15.100 Property owner obligation.
12.15.110 Coordination and appeal.
12.15.010 Establishment of underground wiring assessment district.
An underground wiring district be, and it hereby is, established pursuant to pertinent statutes and Charter authority for the city of Fairview, the boundaries of which include and embody the area and properties set forth in Exhibit A* attached to the ordinance codified in this chapter and by this reference made a part hereof at this point. (Ord. 7-1996 § 2)
*Code reviser’s note: Exhibit A is on file in the city clerk’s office.
12.15.020 Overhead wires prohibited.
It shall be unlawful, except as otherwise provided herein, for any person, public utility or other entity to erect, construct or maintain on or over the surface of any of the areas within said underground wiring district any wires, poles, cables, appliances, or apparatus of any kind except as provided in FMC 12.15.030, by or through which any form of electric current is transmitted. (Ord. 7-1996 § 3)
12.15.030 Exemptions.
A. Wires, cables and appliances for electric signs, advertisements and decorative lighting, connected with wires or cables in approved conduits, subways or trenches; provided, that all wires for electric signs, advertisements, and decorative lighting shall be carried from or connected with a premises building and as otherwise permitted. If such wires are placed on the sides or front of any such building, they shall be placed in approved protective tubes or conduits so as not to be dangerous to life or property, and be connected underground from the foundations or basement of the building providing the energy source directly, with the nearest wires or cables placed in such conduits, subways or trenches. No wiring for electric signs, advertisements or decorative lighting shall cross any street or open area above ground.
B. Enclosed electric transformers and pedestals required and used in connection with underground wiring and mounted on the surface of the streets and public property.
C. Transmission Lines. Facilities used or intended to be used for the transmission of electric energy at nominal voltages in excess of 35,000 volts. (Ord. 7-1996 § 4)
12.15.040 Joint use of conduits permitted.
Nothing in this chapter shall be construed to prevent agreement among any parties affected by this chapter designed to provide for joint ownership, control, or use of conduits, subways or trenches if consistent with the requirements of applicable statute and regulation of the concerned utilities. (Ord. 7-1996 § 5)
12.15.050 Control of electrical currents.
It shall be the duty of all persons using or employing electrical currents to provide and put in use such means and appliances as will, as far as practicable, control and effectually contain such currents in their proper channels and on their own wires, cables and other structures so as to prevent damage to pipes and structures of the city of Fairview or other public entity or other persons; to repair and renew said means and appliances; and as required to change and improve the same as may be necessary to accomplish said purpose, all at his/her charge and expense, and at his/her own risk concerning the selection, adopting such means and appliances as shall prevent damage to pipes and other structures belonging to the city, other public entity, or to any other party. (Ord. 7-1996 § 6)
12.15.060 Traffic signal installations.
The provisions of this chapter relating to underground wiring shall not be applicable to traffic signal installations maintained by the city of Fairview or Multnomah County required to provide for the operating integrity thereof. (Ord. 7-1996 § 7)
12.15.070 Specifications – Permits – Approval.
All wiring applicable hereto must meet applicable state statutes, the city’s building and wiring codes and the requirements of the concerned utilities, and the city council is authorized to establish specific procedures to accomplish the same as needed by resolution. (Ord. 7-1996 § 8)
12.15.080 Inspection and compliance with permits.
The applicant must apply to the city for inspection of the work to determine compliance with the requirements of this chapter, prior to final acceptance of the work. Applicant shall not be relieved of any performance obligations or requirements until all work is completed in accordance with the terms of permits granted and accepted by the city. The city may require changes in the approved plans if unusual conditions arise during construction which warrant such changes in the public interest. (Ord. 7-1996 § 9)
12.15.090 Notice and violation.
The city shall provide written notice to all concerned parties including the property occupant, and known and legal owners of record, including contract purchasers of record, of date of the actual commencement of project construction advising that if undergrounding of private property utility lines necessary to complete the street widening and undergrounding wiring project on Halsey Street is not completed by the dates set for the actual commencement of construction thereof or other arrangement, approved by the concerned utilities and city, made, the city shall notify the occupants and legal owners of record, including contract purchasers of record, of the concerned real property within the UWD where undergrounding is required, by certified or registered mail, that they are in violation of this chapter, advising that if such underground wiring does not occur within 15 days of said notice that the city may do so and charge the cost thereof, plus an administrative fee, not to exceed 30 percent, to the property owner and that a city lien may be placed against the concerned property for the total amount. (Ord. 7-1996 § 10)
12.15.100 Property owner obligation.
The city will provide concerned parties with written notice of all pertinent actual construction dates and deadlines at the earliest times possible. However, construction of and payment for the underground wiring required herein within the time frame set shall be the sole responsibility and obligation of the concerned property owner. (Ord. 7-1996 § 11)
12.15.110 Coordination and appeal.
A coordination and appeal committee is established, consisting of the director of public works and a representative of the city manager, to provide concerned property owners with a reference and/or appeal source for prompt resolution of problems incurred by concerned property owners in meeting their respective obligations hereunder. Such committee shall receive and hear written referrals or appeals by property owners within 48 hours of receipt and provide response within 24 hours thereafter. This committee is authorized to recommend appropriate assistance technically and financially in the resolution of such concerns with final decision to be made by the city manager. (Ord. 8-2021 § 1; Ord. 7-1996 § 12)
12.15.120 Enforcement.
In the event the undergrounding as described above is not completed within the time set forth in the notice, or such extension of time as may be granted by the city therefor, the city, through its agents or employees, shall have the right to enter upon the premises concerned and complete the undergrounding project. In the event the city is required to take such action and complete the undergrounding, the cost plus administrative fee, as indicated in FMC 12.15.090, shall be recovered from the concerned property and shall, upon council resolution, become a lien upon and against the property. Such lien, if created, may be foreclosed in the manner provided by law or city ordinance for the collection of municipal or public liens upon properties within the corporate limits of the city of Fairview. The city shall also have available as means of enforcement and collection of the costs and charges incurred, any and all other methods provided by law including the institution of a civil suit against the parties concerned or responsible as herein defined. (Ord. 7-1996 § 13)