For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them in this section.
"Commission"
means the Public Utilities Commission of the State of California.
"Person"
means and includes individuals, firms, corporations, partnerships,
and their agents and employees.
"Poles, overhead wires and associated overhead structures"
mean poles, towers, supports, wire, conductors, guys, stubs,
platforms, crossarms, braces, transformers, insulators, cutouts, switches,
communication circuits, appliances, attachments and appurtenances
located above ground within a district and used or useful in supplying
electric, communication or similar or associated service.
"Utility"
includes all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Prior code Ch. 22, Art. III, Div. 4, § 1)
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 the utilities
concerned by mail of the time and place of such hearings at least
15 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.
(Prior code Ch. 22, Art. III, Div. 4, § 2; Ord. 3238 § 24, 1996)
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 compromising
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.
(Prior code Ch. 22, Art. III, Div. 4, § 3)
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
13-12.060, it shall be 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 utilities are required to be removed by such resolution, except as said overhead utilities may be required to furnish service to an owner or occupant of property prior to the performance of such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section
13-12.120, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.
(Prior code Ch. 22, Art. III, Div. 4, § 4)
Notwithstanding the provisions of this article, overhead facilities
may be installed and maintained for a period not to exceed 10 days
without authority of the Council in order to provide emergency service.
The City Engineer may grant special permission, on such terms as the
Council may deem appropriate, in cases 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.
(Prior code Ch. 22, Art. III, Div. 4, § 5)
In any resolution adopted pursuant to Section
13-12.060, the City may authorize any or all of the following exceptions:
(A) Any municipal facilities or equipment installed under the supervision
and to the satisfaction of the City Engineer;
(B) Poles or electroliers used exclusively for street lighting;
(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 voltages 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 extended from one location
on the building to another location on the same building or to an
adjacent building without crossing any public street;
(F) Antennae, 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 structures used or
to be used in conjunction with construction projects.
(Prior code Ch. 22, Art. III, Div. 4, § 6)
Within 10 days after the effective date of a resolution adopted pursuant to Section
13-12.060, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution and 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 occupants 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
13-12.060, 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.
(Prior code Ch. 22, Art. III, Div. 4, § 7)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section
13-12.060, 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.
(Prior code Ch. 22, Art. III, Div. 4, § 8)
(A) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section
13-12.110 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. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section
13-12.060, the City Engineer shall give notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required facilities within 10 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 cases 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 Santa Rosa.
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 48 hours after
the mailing thereof. If notice is given by mail to either the owner
or occupant of such premises, the City Engineer shall, within 48 hours
after the mailing thereof, cause a copy thereof, printed on a card
not less than eight inches by 10 inches in size, to be posted in a
conspicuous place on said premises.
(C) The notice given by the City Engineer 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 30
days after receipt of such notice, the City Engineer 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) If upon the expiration of the 30-day period, the said required underground
facilities have not been provided, the City Engineer shall forthwith
proceed to do the work; provided, however, if such premises are unoccupied
and no electric or communications services are being furnished thereto,
the City Engineer 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 Engineer, 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 the premises, which said
time shall not be less than 10 days thereafter.
(E) The City Engineer 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.
(F) 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.
(G) 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 Engineer,
and the City Engineer 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 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.
(Prior code Ch. 22, Art. II, Div. 4, § 9)
The City shall remove at its own expense all City-owned equipment from all poles required to be removed under this chapter 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
13-12.060.
(Prior code Ch. 22, Art. III, Div. 4, § 10)
In the event that any act required by this article by a resolution adopted pursuant to Section
13-12.060 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobediences 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.
(Prior code Ch. 22, Art. III, Div. 4, § 11)
It is unlawful for any person to violate any provision or fail
to comply with any of the requirements of this article. Any person
violating any provision of this article 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
$500.00, or by impris-onment not exceeding six 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 article is committed, continued
or permitted by such person, and shall be punishable therefor as provided
for in this article.
(Prior code Ch. 22, Art. III, Div. 4, § 12)