For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
"Commission"
means the Public Utilities Commission of the state.
"Person"
means and includes individuals, firms, corporations, partnerships
and their agents and employees.
"Poles, overhead wires and associated overhead structures"
means 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.
"Utility"
means and includes all persons or entities supplying electric,
communication or similar associated service by means of electrical
materials or devices.
(County code § 5-9.01; Ord. 95-1 § 1 (part))
The city 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 utilities concerned by mail of the time and place of such
hearings at least fifteen 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
the opportunity to be heard. The decision of the city council shall
be final and conclusive.
(County code § 5-9.02)
If, after any such public hearing, the city council finds that
the public necessity, health, safety or welfare requires such removal
and such underground installation within a designated area, the city
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 shall 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.
(County code § 5-9.03)
Within ten days after the effective date of a resolution adopted pursuant to the provisions of Section
12.24.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by 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 desires to continue to receive electric, communication or similar or associated service, they or such occupant shall provide all necessary facility changes on his or her premises so as to receive such service from the lines of the supplying utility or utilities at a new location subject to the 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 the provisions of Section
12.24.030, together with a copy of the provisions of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
(County code § 5-9.07)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to the provisions of Section
12.24.030, 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.
(County code § 5-9.08)
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 or her property between the facilities set forth in Section
12.24.050 and the termination facility on or within the building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. If such construction is not accomplished by any person within the time provided for in the resolution enacted pursuant to the provisions of Section
12.24.030, the director shall give notice in writing to the person in possession of such premises and a notice in writing to the owner thereof as shown on the last equalized assessment roll to provide the required underground facilities within ten days after the receipt of such notice.
B. The
notice to provide the required underground facilities may be given
either by personal service or by mail. In the event of service by
mail on either of such persons, the notice shall 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 shall be addressed to the owner thereof as such owner's
name appears, and shall be addressed to such owner's last known address
as the same appears on the last equalized assessment roll. 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 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
hours after the mailing thereof, cause a copy thereof, printed on
a card not less than eight inches by ten inches in size, to be posted
in a conspicuous place on such premises.
C. The
notice given by the city manager to provide required underground facilities
shall particularly specify what work is required to be done and shall
state that if such work is not completed within thirty days after
receipt of such notice, the director will provide such required underground
facilities, in which case the cost and expense thereof shall be assessed
against the property benefitted and become a lien upon such property.
D. If,
upon the expiration of the thirty-day period, such required underground
facilities have not been provided, the city manager 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 manager 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 such property. Upon completion of the work by the
city manager, he or she 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 the 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 not be less than ten days thereafter.
E. The city manager shall, forthwith, upon the time for hearing such protests having been fixed, give notice in writing to the person in possession of such premises and a notice in writing thereof to the owner thereof, in the manner provided in subsection
B 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 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 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. If
any assessment is not paid within five 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 city
manager, and the city manager is here directed to turn over to the
city finance director a notice of lien on each of such properties
on which the assessment has not been paid, and the city finance director
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 six percent per year.
(County code § 5-9.09; Ord. 95-1 § 1 (part))
The city shall remove at its own expense all city-owned equipment from all poles required to be removed pursuant to the provisions of 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 the provisions of Section
12.24.030.
(County code § 5-9.10)
Whenever the city council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein, as provided in Section
12.24.030, 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 such overhead facilities are required to be removed by resolution, 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 of the underground work necessary for such owner or occupant to continue to receive utility service, as provided in Section
12.24.060, and for such reasonable time required to remove the facilities after such work has been performed, and except as otherwise provided in this chapter.
(County code § 5-9.04)
Notwithstanding any other provision of this chapter, overhead
facilities may be installed and maintained, for a period not to exceed
ten days, without the authority of the city council in order to provide
emergency service. The city council may grant special permission,
on such terms as the city 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.
(County code § 5-9.05)
The provisions of this chapter and any resolution adopted pursuant to the provisions of Section
12.24.030, unless otherwise provided in such resolution, do not apply to the following types of facilities:
A. City
facilities or equipment installed under the supervision and to the
satisfaction of the city manager;
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 thirty-four thousand
five hundred 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 or overhanging any public right-of-way;
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; and
H. Temporary
poles, overhead wires and associated overhead structures used or to
be used in conjunction with construction projects.
(County code § 5-9.06; Ord. 95-1 § 1 (part))
In the event any act required by the provisions of this chapter or by a resolution adopted pursuant to the provisions of Section
12.24.030 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, the time within which such act shall be accomplished shall be extended for a period equivalent to the time of such limitation.
(County code § 5-9.11)