As used in this chapter:
shall mean the Public Utilities Commission of the State of
California.
shall mean and include individuals, firms, corporations,
partnerships and their agents and employees.
shall mean poles, towers, supports, wires, conductors, guys,
stubs, platforms, crossarms, braces, transformers, insulators, cutouts,
switches, communication circuits, appliances, attachments and appurtenances
located aboveground within a district and used or useful in supplying
electric, communication or similar or associated service.
shall mean that area in the City within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 13.32.020 of this chapter.
shall include all persons or entities supplying electric,
communication or similar or associated service by means of electrical
materials or devices.
(Prior code § 15-2.1)
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 comprising
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 § 15-2.3)
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 13.32.020 hereof, it is 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 facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 13.32.070 hereof, 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 § 15-2.4)
Notwithstanding the provisions of this chapter, overhead facilities
may be installed and maintained for a period, not to exceed 30 days,
without authority of the Council in order to provide emergency service.
The Council 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 wires
and associated overhead structures.
(Prior code § 15-2.5)
Any resolution adopted pursuant to Section 13.32.020 hereof shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
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 extending 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 overhead structures used or to
be used in conjunction with construction projects.
(Prior code § 15-2.6)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.32.020 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.
(Prior code § 15-2.8)
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/her property between the facilities referred to in Section 13.32.060 and the termination facility on or within said building or structure being served.
B.
In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of Subsection (A) of this section within the time provided for in the resolution enacted pursuant to Section 13.32.020, the City Engineer shall post written notice on the property being served and 30 days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.
(Prior code § 15-2.9)
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 enacted pursuant to Section 13.32.020 hereof.
(Prior code § 15-2.10)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.32.020 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience 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 § 15-2.11)
