[Ord. #98-03, § 1]
a. 
Public Hearing. The City Council may call public hearings to ascertain whether the public necessity, health, aesthetic safety or welfare requires the removal of poles and overhead wires and associated overhead structures from any public streets, alleys or ways 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 and utilities by mail of the time and place of such hearings at least ten (10) days prior to the date thereof. Each such hearing shall be open to the public and may be continued. At each such hearing, all persons interested shall be given an opportunity to be heard. The decision of the City Council shall be final and conclusive.
b. 
Order of Removal; Resolution. If after any such public hearing the City Council finds that the public necessity, health, aesthetic safety or welfare requires such removal and such underground installation, the City Council shall by resolution order such removal and underground installation. The resolution shall designate the public streets, alleys or ways, or portions thereof, from which such poles and overhead wires and associated overhead structures must be removed and such underground installation made, and shall fix the time within which such work must be done. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of necessary labor, and materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby.
c. 
Unlawful Acts. Whenever the City Council orders the removal of poles and overhead wires and associated overhead structures as provided in this subsection, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate any pole, overhead wire or associated overhead structure in any public street, alley or way in the designated area after the date when such overhead facilities are required to be removed, 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 or the Director of the underground work necessary for such owner or occupant to continue to receive utility service as provided in subsection 14-4.4 hereof, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this section.
d. 
Emergency or Unusual Circumstances. The City Council may grant special permission, on such terms as the City Council may deem appropriate, in cases of emergency or unusual circumstances without discrimination to any person or utility, to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this section. The grant of such special permission may include, but need not be limited to, the right to erect, construct, install, maintain, use or operate an electric distribution system consisting of metal poles supporting high voltage wires, switches, transformers and street lights, with all other facilities for the supplying and distribution of electric energy and service placed underground.
e. 
Extension of Time for Circumstances Beyond Control. In the event that any act required of any party herein referred to cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances 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 limitations.
f. 
Exceptions. This section shall not apply to the following types of facilities:
1. 
Poles used exclusively for fire alarm boxes or any other municipal equipment installed under the supervision and to the satisfaction of the Director, or poles and overhead wires and associated overhead structures used exclusively for street lighting furnished under contract with the City or by any other duly constituted public agency authorized to provide such street lighting within the City;
2. 
Overhead wires (exclusive of supporting structures) crossing any portion of a district from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited;
3. 
Overhead wires attached to the exterior surface of a building by means of a bracket or other fixtures and extending from one (1) location on the building to another location on the same building or to an adjacent building without crossing any public street;
4. 
Radio antennas, their associated equipment and supporting structures, used by a utility for furnishing communication services; or
5. 
Service terminals, in pedestals, above ground, used to distribute communication service in underground systems.
g. 
Notification by City. Within ten (10) days after passage of a resolution pursuant to paragraph b hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the area designated in such 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 other 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 such resolution, together with a copy of this section to the affected utilities and to affected property owners as such are shown on the last equalized assessment roll of the County.
[Ord. #98-03, § 1]
If underground construction is necessary to provide utility service within the area affected by any resolution adopted pursuant to subsection 14-4.1b hereof, 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. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the Commission.
[Ord. #98-03, § 1]
a. 
General. Unless otherwise decided in the sole discretion of the City Council to the contrary, all underground construction and conduits, conductors and associated equipment necessary to receive utility service between the service terminals of the supplying utility and the service facilities in the building or structure being served shall be provided by the person owning, operating, leasing or renting such property, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with Commission. If the above is not accomplished by any person within the time provided for in the resolution adopted pursuant to subsection 14-4.1b hereof, the Director shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof, to provide the required underground facilities within ten (10) days after receipt of such notice.
b. 
Notice to Property Owners. Notice pursuant to this subsection may be given either by personal service or by mail. In case of service by mail, 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 of the County, and when no address appears, to General Delivery, City of Albany. 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 (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the Director shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten (8" x 10") inches in size, to be posted in a conspicuous place on such premises.
c. 
Contents of Notice. The notice given pursuant to this subsection shall particularly specify what work is required to be done, and shall state that if such work is not completed within ten (10) days after receipt of such notice, the Director 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. 
Performance of Work by City. If upon the expiration of the ten (10) day period specified in paragraph c above, the required underground facilities have not been provided, the Director shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communication services are being furnished thereto, the Director may, in lieu of providing the required underground facilities, order the disconnection of all existing connections used for furnishing electric and communication services to such premises. Upon completion of the work, the Director 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 City 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 be not less than ten (10) days thereafter.
e. 
Notice of Assessment. The Director 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 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 City Council will pass upon such report of the Director and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.
f. 
Hearing and Confirmation of Assessment. Upon the date and hour set forth for the hearing of protests, the City Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.
g. 
Assessment as Lien. If any assessment is not paid within five (5) days after its confirmation by the City Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Director, and the Director is directed to turn over to the County Assessor and Tax Collector a notice of lien on each of such properties on which the assessment has not been paid, and the County Assessor and Tax Collector shall add the amount of such assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. Such assessment shall be due and payable at the same time as such property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of ten (10%) percent per annum.
[Ord. #98-03, § 1]
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 adopted pursuant to subsection 14-4.1b hereof.
[Ord. #98-03, § 1]
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. Any person violating any provision of this section 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 ($500.00) dollars or by imprisonment not exceeding six (6) 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 section is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this section.
[Ord. #98-03, § 1]
If required by the Director, an applicant for a building permit for a new building or project shall place underground all utility services to the new building and, if required, shall place underground all utility lines constructed or extended to serve the new building or project.