It is the purpose of this chapter to: improve residential and
commercial property values; enhance the aesthetic appearance of the
city; reduce the cost of tree trimming and replacement of utility
poles; reduce outages caused by winds, birds, storms and accidents;
increase the efficiency of the electrical system by replacing aging
overhead equipment with new underground equipment; improve the safety
of the streets by removing potential obstacles in traffic accidents;
improve the reliability of electrical and communication services;
provide for the health, safety, and welfare of the public; and protect
and improve the quality of the public's urban environment. In furtherance
of these objectives, the city deems it necessary that all existing
and future overhead utilities including communications and CATV overhead
facilities shall be undergrounded in such underground districts formed
in accordance with this chapter.
(Ord. 4223 § 1, 2005)
shall mean, but is not limited to, pole mounted electric
power lines, telephone and communications cables, and cable television
cables.
means as agreed upon by all affected utilities with facilities
located in the underground utility district, generally including Roseville
Electric and the serving local telephone carrier(s) and cable television
franchisee(s) serving the city or as otherwise established by ordinance.
shall mean a geographical sub-part of the city, within which
overhead facilities are required to be removed and replaced with underground
facilities in accordance with this chapter.
(Ord. 4223 § 1, 2005)
Subject to Section 14.25.050, whenever the council, by ordinance, creates an underground district, it shall be unlawful for any utility or other person or entity to keep, maintain, continue, or replace overhead facilities in the district more than one year after the date such overhead facilities are ordered to be removed by such ordinance, except as to those overhead facilities minimally necessary to furnish service to an owner or occupant of property prior to and during the process of undergrounding said overhead facilities, and except as otherwise provided for in this chapter.
(Ord. 4223 § 1, 2005)
Any person, who shall erect, construct, place, keep, maintain, continue, employ or operate any pole or overhead line or associated overhead structure within any established underground utility district or who shall neglect to take down and remove any such pole, overhead wire, or associated structures following the time period designated under Section 14.25.050 for the said area or who shall otherwise fail to comply with the provisions of this chapter shall be guilty of a misdemeanor. Each consecutive 15-day period during which the failure to comply with the provisions hereof continues shall constitute a separate offense. Such violation is hereby declared a nuisance.
(Ord. 4223 § 1, 2005)
In addition to the civil remedies and criminal penalties set
forth above, any person that violates the provisions of this chapter
may be subject to administrative remedies, as set forth by city ordinance.
(Ord. 4223 § 1, 2005)
The council may, from time to time, conduct a public hearing to ascertain if the creation of an underground utility district(s) will further the public health, safety and welfare by promoting one or more of the purposes set forth in Section 14.25.010 of this chapter. The council may designate any part or parts of the city as a single underground utility district, or as multiple underground utility districts. All affected property owners within the proposed district or districts, as shown on the last equalized assessment roll, and all affected utility companies having overhead facilities present within the proposed district or districts shall be notified by mail of the time and place of any such public hearing at least ten days prior to the date thereof.
(Ord. 4223 § 1, 2005)
Prior to holding any public hearing pursuant to Section 14.25.030 of this chapter, the electric utility director or his designee shall consult with all affected utilities and shall prepare a report for submission at such public hearing containing, among other information, the extent of each utility's undergrounding responsibilities to bring it into compliance with the provisions of this chapter and the total estimated cost to the city and affected property owners regarding their undergrounding responsibilities. Such report shall also contain an estimate of the time required to complete the underground installation and removal of overhead facilities.
(Ord. 4223 § 1, 2005)
If the city council determines that the creation of an underground utility district will further the public health, safety and welfare by promoting one or more of the purposes set forth in Section 14.25.010 of this chapter, the city council may by ordinance designate the proposed area an underground utility district and order the removal and underground conversion of existing overhead facilities within that district, except as otherwise provided in this chapter. Such ordinance shall include a description of the area comprising such district and shall also fix the time within which removal of the overhead facilities and underground installation shall be accomplished and within which such property owners must be ready to receive underground service. A reasonable time, not less than one year, shall be allowed for such removal and underground conversion, having due regard for the rights of non-city-owned utilities, availability of labor, materials and equipment necessary for such removal and for installation of such underground facilities as may be occasioned thereby. Unless facilities are placed underground under a joint plan in which all affected utilities participate, telephone carriers and cable television franchisees shall have up to 60 days following completion of undergrounding action by the electric utility to complete their undergrounding activities.
(Ord. 4223 § 1, 2005)
Within 30 days after the effective date, or as soon thereafter
as is practicable, of an ordinance adopted by the city council, the
electric utility director shall provide a notification to property
owners within an underground utility district, which shall include
the following:
A.
A copy
of the approved ordinance;
B.
A copy
of this chapter;
C.
The
time period for compliance, as identified in the ordinance;
D.
The
following warning in capital letters and bold type "THE ELECTRIC
UTILITY DIRECTOR IS AUTHORIZED TO DISCONNECT UTILITY SERVICE IN THE
EVENT OF NON-COMPLIANCE WITH ROSEVILLE MUNICIPAL CODE, CHAPTER 14.25."
E.
That
in order to continue service or to begin service it will be necessary
for the owner or occupant to allow city staff and city hired contract
personnel, the serving local telephone carrier(s) and cable television
franchisee(s) serving the city to construct underground service facilities
and to remove existing overhead electric facilities, and to furnish
a right of entry to the City of Roseville.
(Ord. 4223 § 1, 2005)
A.
Notification
shall be made by mail to all affected property owners as such are
shown on the last equalized assessment roll and to the affected utilities,
and when no address appears, to general delivery, City of Roseville.
The electric utility director may additionally provide notification
either by personal service or U.S. mail to all of city's electric
customer accounts within the underground utility district. In the
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 or to customer
at such premises. Any notice, which is given by deposit in the U.S.
mail, shall be deemed to have been received by the person to whom
it had been sent.
(Ord. 4223 § 1, 2005)
A.
The
electric utility director is authorized to disconnect and terminate
utility service in the event of non-compliance by any customer or
property owner with this chapter.
B.
If
upon the expiration of the compliance period or end date described
in the ordinance, reasonable access to the property for city staff,
the serving local telephone carrier(s) and cable television franchisee(s)
serving the city, or contract personnel for the purpose of electric
overhead to underground conversion activities has not been provided
by the property owner, customer or other individual or entity, the
electric utility director 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, provided that a notice
of disconnection of service be mailed to the customer at least 15
days in advance of disconnection and that a termination notice has
been posted at the customer's premises at least 48 hours in advance.
C.
Following
disconnection of the electric service by the electric utility director,
if reasonable access to the property for city staff, the serving local
telephone carrier(s) and cable television franchisee(s) serving the
city, or contract personnel for the purpose of electric overhead to
underground conversion activities is subsequently granted by the property
owner, the city will install the underground electric facilities and
reestablish electrical power to the building as soon thereafter as
is practicable.
(Ord. 4223 § 1, 2005)
This chapter and any ordinance adopted pursuant to Section 14.25.050 of this chapter shall, unless otherwise provided in such ordinance, not apply to the following types of facilities:
A.
Poles
or electroliers used exclusively for street lighting;
B.
Overhead
wires attached to the exterior surfaces of a building by means of
a bracket or other fixture and extending on one location of the building
to another location on the same building or to an adjacent building
without crossing any public street;
C.
Antennae,
towers, associated equipment and supporting structures, used by a
utility for furnishing wireless communication services;
D.
Equipment
appurtenant to underground facilities, such as surface (pad) mounted
transformers, pedestal-mounted terminal boxes, switching equipment,
remote terminals, controlled environmental vaults that may be above
or partially above ground, meter cabinets and concealed ducts;
E.
Temporary
poles, overhead wires and associated overhead structures used or to
be used in conjunction with construction projects, special events
of limited duration such as Christmas tree lots, or, with the approval
of the electric utility director, such other temporary or limited
activities;
F.
Repair, replacement, improvement, modernization or upgrading of existing overhead facilities not within an underground district created pursuant to Section 14.25.050 and only where such repair, replacement, improvement, modernization or upgrading does not change the location of such overhead facilities.
(Ord. 4223 § 1, 2005)
A.
Notwithstanding the provisions of this chapter, the electric utility director may grant special permission, on such terms as the electric utility director may deem appropriate, in case of emergency or unusual circumstances, to any utility or other person or entity, to erect overhead facilities for a period(s) not exceeding 20 consecutive calendar days. Upon appeal pursuant to subsection C of this section, the public utilities commission or city council may extend such period to encompass the duration of the emergency or circumstances including such time thereafter as minimally necessary to allow the removal of such overhead facilities. Any overhead facilities erected pursuant to permission granted under this subsection but not removed prior to the expiration of the maximum time authorized shall be deemed a violation of Section 14.25.020 of this chapter.
B.
Upon written application by any person to the electric utility director, the electric utility director may grant an exception to this chapter for specific overhead facilities at specific locations not otherwise exempted by this chapter or grant an extension of time for compliance, and may impose reasonable conditions to further the city undergrounding policy set forth in Section 14.25.010. Such exception and any extension thereof shall not exceed a total period of five years. Upon appeal pursuant to subsection C of this section, the public utilities commission or city council may extend such period, as it deems appropriate to the reasonable implementation of the city's underground policy set forth in Section 14.25.010. The electric utility director shall establish rules and procedures for the processing of the above applications for exceptions.
The electric utility director, public utilities commission,
or city council shall consider the following factors in determining
whether to grant, conditionally grant, or deny an exception:
1.
The
technical difficulty of undergrounding overhead facilities due to
special circumstances such as the undergrounding location, voltage,
lack of underground space, and other similar concerns;
2.
Whether
the undergrounding of overhead facilities cannot be performed within
the time provided due to shortage of materials, war, restraint by
public authorities, strikes, labor disturbances, civil disobedience
or any other circumstances beyond the control of the party required
to underground;
3.
The
potential cost impact of any grant, conditional grant or denial of
the application upon affected parties, and upon city residents; and
4.
The
public interest in grant, conditional grant or denial of the application.
In rendering a decision on an application for exception pursuant
to this subsection, the electric utility director shall state in writing
the grounds for denying, granting, or conditionally granting the application.
The electric utility director shall provide a written notice of the
electric utility director's decision to the applicant and to any other
interested party requesting notice. If the application is denied,
written notice of such denial shall be given to the applicant specifying
the grounds for such denial and advising the applicant of his right
to appeal.
In the event an exception is granted or conditionally granted
pursuant to this subsection, the electric utility director shall issue
a certificate of exception to the grantee. The application for exception
and a copy of the certificate shall be kept on file with the Electric
Utilities Department for a period of not less than five years after
the expiration of the exception. The certificate shall specify to
whom the exception was granted, the period of the exception, the type(s)
and location(s) of the overhead facilities excepted, and the criteria
upon which the exception was based.
C.
1.
Appeal
of Decision of the Electric Director. The applicant, or any other
person or entity aggrieved or affected by any determination of the
electric utility director with respect to the granting, denial or
conditional approval of an exception may appeal the decision to the
Roseville public utilities commission.
An appeal shall be in writing and shall be filed with the city
clerk within 10 days after the mailing of notice of decision by the
electric utility director. The appeal shall state the grounds therefor.
The decision of the electric utility director shall be stayed pending
a decision on the appeal by the public utilities commission.
The public utilities commission shall consider the appeal at
a public meeting held within 45 days or as soon thereafter as is practicable
following the filing of the appeal, unless the electric director or,
on the date set for such consideration, the public utilities commission
continues the matter. The public utilities commission may reverse,
or wholly or partly affirm, or may modify the decision of the electric
utility director, and may make such decisions or may impose such conditions
as the circumstances or merits warrant with respect to the appeal.
Notice of the public utilities commission's decision shall be
mailed to the applicant and to any other person who has filed a written
request therefor with the city clerk.
2.
Appeal
of the Decision of the Public Utilities Commission: An appeal shall
be in writing and shall be filed with the city clerk within 10 days
after the mailing of notice of decision of the public utilities commission
decision. The appeal shall state the grounds therefore. The decision
of the public utilities commission shall be stayed pending a decision
on the appeal by the city council.
The city council shall consider the appeal at a public meeting
held within 45 days or as soon thereafter as is practicable following
the filing of the appeal, unless the electric director or, on the
date set for such consideration, the city council continues the matter.
The city council may reverse, or wholly or partly affirm, or may modify
the decision of the public utilities commission or electric director,
and may make such decision or impose such conditions as the circumstances
or merits warrant with respect to the appeal. The decision of the
city council shall be final.
Notice of the city council's decision shall be mailed to the
appellant and to any other person who has filed a written request
therefor with the city clerk.
D.
No
person may file a lawsuit unless such person has, pursuant to the
section, exhausted all administrative remedies. Any lawsuit brought
forth must be filed within six months of the city council's decision
on the administrative appeal.
(Ord. 4223 § 1, 2005)
A.
Consistent
with applicable law, any utility or person supplying, delivering,
transmitting, distributing, transporting, conducting or otherwise
conveying electricity, communications or similar or associated emissions
or services in or through the city by means of wires, cables, lines,
fiber optics, and associated or similar overhead facilities whether
originating in, terminating in, or transiting through the city shall
at its own expense perform any demolition, alteration, or construction
necessary and supply any materials and equipment needed to comply
with the provisions of this chapter, including all telephone facilities
that the phone company's CPUC Rule 22 require third party installation
or funding. Notwithstanding the foregoing, with respect to overhead
facilities located on private property (within an underground utility
district) for which the city has adopted an ordinance that is conditioned,
among other things, upon removal of such overhead facilities, the
utility shall be responsible for the demolition, alteration, or construction
(including the supply of materials and equipment) necessary to comply
with the provisions of this chapter.
B.
Underground
construction of electric facilities by any utility or any other person
or entity shall be accomplished in accordance with the latest version
of Roseville Electric's specifications for residential construction
and specifications for commercial construction as well as established
construction standards, including those covered under the California
Public Utility Commission, General Order 128, and shall be completed
within the time for removal of overhead facilities specified in or
established pursuant to this chapter.
(Ord. 4223 § 1, 2005)
A.
Every person owning, leasing, occupying or renting a building or structure within a district created pursuant to Section 14.25.050 shall provide access to the premises for city staff, the serving local telephone carrier(s) and cable television franchisee(s) serving the city, and contract personnel for the purpose of converting the overhead facilities to underground service, which includes installing the underground service and padmounted equipment, and to provide easements as needed for said electric facilities.
B.
In order for the city (or its contractor), the serving local telephone carrier(s) and cable television franchisee(s) serving the city to carry out work on private property, every person owning or occupying a building, structure, or land within a district created pursuant to Section 14.25.050 shall consent to a "right of entry" for the aforementioned parties.
(Ord. 4223 § 1, 2005)
The city shall, at its own expense, remove all city-owned equipment
from all poles required to be removed hereunder in ample time to enable
the joint owner or user of such poles to remove them within the time
specified in or required pursuant to this chapter.
(Ord. 4223 § 1, 2005)
The electric utility director may adopt rules and regulations
necessary to carry out, and consistent with, the provisions of this
chapter.
(Ord. 4223 § 1, 2005)
