This chapter shall be cited and referred to as the Sunnyvale electrical undergrounding code.
(Prior code § 11-5.01; Ord. 1510-69 § 1, 1969)
This chapter may be used alternatively or in conjunction with a proceeding had pursuant to the Sunnyvale improvement procedure code, Title 14.
(Prior code § 11-5.02; Ord. 1510-69 § 1, 1969)
The provisions of this chapter shall be controlling over the provisions of any general law in conflict with any of its provisions.
(Prior code § 11-5.03; Ord. 1510-69 § 1, 1969)
One or more types of utility facilities, whether in one area or in more than one contiguous or noncontiguous area, may be included in a single proceeding had pursuant to this chapter, in which event each area shall be treated as an independent unit. Proceedings may also be had under this chapter in conjunction with proceedings under Title 14 of the Sunnyvale Municipal Code.
(Prior code § 11-5.04; Ord. 1510-69 § 1, 1969)
The continuous existence of any fact, condition or occurrence contrary to the provisions of this chapter, or the failure of any person to comply with any final order of the council, pursuant to this chapter, for each successive period of fifteen days, shall deemed a misdemeanor and shall constitute a separate and distinct violation and be punishable as provided in Chapter 1.04 of this code.
(Prior code § 11-5.05; Ord. 1510-69 § 1, 1969; Ord. 2422-92 § 14)
means the city of Sunnyvale.
means the city clerk of the city.
means the California Public Utilities Commission.
means the transmission of intelligence by electrical means, including but not limited to telephone, telegraph, messenger-call, clock, police, fire alarm traffic control circuits, circuits for the transmission of standard television or radio signals, and community antennae television systems.
means the removal of all or any part of any existing overhead electric or communication facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations.
means the city council of the city.
means the director of public works of the city.
mean any works or improvements used or useful in providing electric or communication service, including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances, other than those owned or used by, or provided for, any railroad or pipeline, and located upon or above the right-of-way of such railroad or pipeline.
means the distribution of electricity for heat, light or power.
means addressed to owners at their addresses as appear on the last equalized county tax roll, or, in case of transfer, as appears from the records of the county assessor, or as known to the clerk, and deposited in the United States mails, postage prepaid, at least ten days before a stated time or event.
means addressed to a public utility at its office in the city, and deposited in the United States mails, postage prepaid, at least ten days before a stated time or event.
means the person occupying a premises, whether as tenant, operator or otherwise.
mean electric or communication facilities located, in whole or in part, above the surface of the ground.
mean owners of real property within a designated area as their names appear on the last equalized county tax roll, or, in the event of transfer, as appears from the records of the county assessor of Santa Clara County.
means and includes individuals, firms, corporations, partnerships, and associations, and their respective agents, employees and officers.
means posting on each side of the street in each block or portion of block within the area affected, at least ten days before a stated time or event.
means any city, county, special district or public corporation (other than the one conducting the proceedings) that provides electric or communication service to the public by means of electric or communication facilities.
means any person regulated by the commission that provides electric or communication service to the public by means of electric or communication facilities.
means publication twice in a newspaper of general circulation in the city, the first of which shall be at least ten days before a stated time or event.
means leaving a resolution or notice with the occupant of a premises, if there is one there, and, if not, by leaving it at the premises, or mailed to him or her at his or her address if known to the clerk, at least ten days before a stated time or event.
mean electric or communication facilities located, in whole or in part, beneath the surface of the ground.
(Prior code §§ 11-5.06 — 11-5.27; Ord. 1510-69 § 1, 1969)
The council may, by resolution, preliminarily determine that the public necessity, convenience, health, safety and welfare requires the removal of overhead facilities and the installation of underground facilities within a certain area of the city.
(Prior code § 11-5.28; Ord. 1510-69 § 1, 1969)
The resolution shall also contain:
(a)
A general description of the boundaries of the area;
(b)
A statement that it relates to all overhead utilities located within the area, and if not, a statement as to the specific type of utilities to which it applies;
(c)
Fix a time when a hearing will be held in the council chambers, at which it will consider the question stated therein, hear all persons interested, and make a final determination thereon.
(Prior code § 11-5.29; Ord. 1510-69 § 1, 1969)
Copies of the preliminary resolution shall be caused by the clerk to be posted, published and mailed as notice to the owners and to the public utility or utilities affected thereby, and served on the occupants.
(Prior code § 11-5.30; Ord. 1510-69 § 1, 1969)
At the hearing, the council shall receive proofs and hear all owners, occupants and public utilities interested, and may adjourn the hearing from time to time.
(Prior code § 11-5.31; Ord. 1510-69 § 1, 1969)
Upon the conclusion of the hearing, the council shall have the power to dismiss the proceedings and modify its preliminary determination as to any particular utility facility. It shall also take evidence and determine whether the boundary stated in the preliminary resolution correctly describes the affected area upon which it proposes to finally act.
(Prior code § 11-5.32; Ord. 1510-69 § 1, 1969)
After the council has made the determinations provided in Section 15.04.110, and if such determination includes the removal of any overhead facilities, it shall, by resolution adopted by the affirmative vote of four-fifths of its members, finally:
(a)
Determine that the public necessity, convenience, health, safety and welfare requires that certain overhead utilities be removed and replaced by underground facilities;
(b)
If it is intended that all overhead utilities within the area be removed, it shall be so stated;
(c)
If it is intended that only certain overhead utilities or types thereof be removed, they shall be described;
(d)
State that if the affected owners or occupant of any affected property desires to continue to receive service from any utility facility, he shall provide all necessary facilities changes on such premises so as to receive such service from the lines of the supplying public utility at a new location, subject to the applicable rules, regulations and tariffs on file with the commission, and to the requirements of state laws and city ordinances;
(e)
Describe the boundaries of the affected area;
(f)
Fix a reasonable time, not earlier than thirty days, having due regard for the availability of the necessary labor, materials and equipment therefor, within which the overhead facilities shall be removed and underground facilities shall be installed in their place, and the owners and occupants of each building or structure within the area affected shall perform the work required in Section 15.04.210.
(Prior code § 11-5.33; Ord. 1510-69 § 1, 1969)
The action of the council shall be final and conclusive.
(Prior code § 11-5.34; Ord. 1510-69 § 1, 1969)
Copies of the resolution shall be caused by the clerk to be posted, published and mailed as notice to owners and public utilities affected, and served on the occupants, within ten days after its adoption.
(Prior code § 11-5.35; Ord. 1510-69 § 1, 1969)
Following the adoption of the resolution provided in Section 15.04.120, it is unlawful for any person or public utility to erect, construct, place, keep, maintain, continue, employ or operate any overhead facilities within 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 public works of the underground work necessary for such owner to continue to receive utility service for the period of time specified in the resolution to remove the facilities after such work has been performed, and except as otherwise provided in this chapter.
(Prior code § 11-5.36; Ord. 1510-69 § 1, 1969)
The council may grant special permission, on such terms and it may deem appropriate, in cases of emergency or unusual circumstances, and without discrimination, to any person or public utility, to erect, construct, install, maintain, use or operate any overhead facilities, notwithstanding any other provisions of this chapter. 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.
(Prior code § 11-5.37; Ord. 1510-69 § 1, 1969)
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.
(Prior code § 11-5.38; Ord. 1510-69 § 1, 1969)
The provisions of this chapter shall not apply to poles used exclusively for fire alarm boxes or any other municipal equipment installed under the supervision and to the satisfaction of the director, or to any electrolier with continuous underground circuit used exclusively for street lighting.
(Prior code § 11-5.39; Ord. 1510-69 § 1, 1969)
This chapter shall not apply to the following types of facilities:
(a)
Overhead wires (exclusive of supporting structures) crossing any portion of an area within which overhead wires have been prohibited, or connecting to buildings on the perimeter of an area within which overhead wires have been prohibited, when such wires originate in an area from which poles and overhead facilities are not prohibited;
(b)
Overhead wires attached to the exterior surface of a building by means of a bracket or other fixtures 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;
(c)
Radio antennae, their associated equipment and supporting structures, used by a public utility for furnishing communication services;
(d)
Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts;
(e)
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; or
(f)
Any overhead facilities used or to be used in conjunction with construction projects.
(Prior code § 11-5.40; Ord. 1510-69 § 1, 1969)
If underground facilities are necessary to provide utility service within the area affected, the public utility supplying such service shall furnish and install, at its cost, 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 public utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the commission.
(Prior code § 11-5.41; Ord. 1510-69 § 1, 1969)
Every owner or occupant of a building or structure within the area affected shall perform construction and provide that portion of the service connection on his property between the facilities of the public utility 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 public utility or utilities on file with the commission.
(Prior code § 11-5.42; Ord. 1510-69 § 1, 1969)
The city, at its own expense shall remove 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 any resolution enacted pursuant to Section 15.04.120.
(Prior code § 11-5.43; Ord. 1510-69 § 1, 1969)
In the event that any act hereby required of any party herein referred to cannot be performed within the time herein provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or 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.
(Prior code § 11-5.44; Ord. 1510-69 § 1, 1969)
If, upon the expiration of the period of time specified in the final resolution adopted pursuant to Section 15.04.120 or upon the expiration of any extension of that period granted by the council, the required underground facilities have not been provided, the council may order the director to 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 communications services to such premises.
(Prior code § 11-5.45; Ord. 1510-69 § 1, 1969)
Upon completion of the work by the director, he shall file a written report with the council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of each property against which such cost is to be assessed.
(Prior code § 11-5.46; Ord. 1510-69 § 1, 1969)
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 be not less than ten days thereafter.
(Prior code § 11-5.47; Ord. 1510-69 § 1, 1969)
The clerk shall give a notice by mail to the owner, and by service to the occupant, stating the fact and cost of the work and the time and place of hearing, and that upon its approval the cost of the work must be paid to the city director of finance within ten days.
(Prior code § 11-5.48; Ord. 1510-69 § 1, 1969)
At the time set for hearing, the council shall hear and consider the report and all persons interested, and may affirm, modify or reject the assessment.
(Prior code § 11-5.49; Ord. 1510-69 § 1, 1969)
Upon confirmation by the council, the several assessments shall constitute liens upon the properties assessed, of the priority provided by general law for special assessments.
(Prior code § 11-5.50; Ord. 1510-69 § 1, 1969)
Immediately upon confirmation by the council, a copy of the report certified by the clerk as having been approved and adopted by the council shall be filed by the clerk with the city director of finance, who shall receive and credit thereon all payments proffered to him.
(Prior code § 11-5.51; Ord. 1510-69 § 1, 1969)
Prior to the time fixed by law for the posting of taxes to the next succeeding general county tax roll the finance director shall deliver to the county auditor a copy of said roll showing the assessments that are unpaid thereon, or a list of the unpaid assessments, together with a written request that said amounts, together with interest from the tenth day following confirmation of the assessment to July 1st following the fiscal year for which the tax roll is being made, be collected together with and not separately from general city taxes.
(Prior code § 11-5.52; Ord. 1510-69 § 1, 1969)