Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
“City”
means the city of South San Francisco, a municipal corporation of the state of California.
“Commission”
means the Public Utilities Commission of the state.
“Council”
means the city council of the city.
“Person”
includes individuals, firms, corporations, partnerships, and their agents and employees.
“Poles and 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 upon, along, across or over the public streets, alleys and ways of the city 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.
(Ord. 566 § 1, 1967)
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 and overhead wires and associated overhead structures from any public streets, alleys or ways 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 and utilities by mail of the time and place of such hearings at least thirty 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 hearing all persons interested shall be given an opportunity to be heard.
(Ord. 566 §2, 1967)
If, after any such public hearing, the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation, the council shall by ordinance order such removal and underground installation. The ordinance shall designate the public streets, alleys or ways, or portions thereof, from which such poles and overhead wires and associated overhead structures must be removed and such underground installation made, and shall fix the time within which such work must be done. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of necessary labor, materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby.
(Ord. 566 § 3, 1967)
Whenever the council orders the removal of poles and overhead wires and associated overhead structures as provided in Section 13.16.030, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate any pole, overhead wire or associated overhead structure in any public street, alley or way in the designated area after the date when the overhead facilities are required to be removed, except as the 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 city engineer of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Sections 13.16.090 and 13.16.120, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.
(Ord. 566 § 4, 1967)
The council may grant special permission, on such terms as the council may deem appropriate, in cases of emergency or unusual circumstances without discrimination to any person or utility, to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this chapter.
(Ord. 566 § 5, 1967)
This chapter shall not apply to the following types of facilities:
A. 
Poles used exclusively for police and fire alarm boxes or any similar municipal equipment installed under the supervision and to the satisfaction of the city engineer;
B. 
Poles and overhead wires and associated overhead structures used exclusively for street lighting;
C. 
Overhead wires (exclusive of supporting structures) crossing any portion of an area from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited;
D. 
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;
E. 
Radio antennas, their associated equipment and supporting structures, used by a utility for furnishing communication services; or
F. 
Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts.
(Ord. 566 § 6, 1967)
A. 
Within ten days after passage of an ordinance pursuant to Section 13.16.030, the city clerk shall notify all affected utilities and all persons owning real property within the area designated in the ordinance 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 desire to continue to receive electric, communication or other similar or associated service, they shall execute right of entry agreements with the city to allow the city and its contractors, and the utility companies and their contractors, permission to work on the property for the purposes of inspection of the electric service panel, construction of the underground service laterals, conversion of the electric panel, and reconnection of all utility services as necessary so as to allow the property 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.
B. 
Notification by the city clerk shall be made by mailing a copy of the ordinance adopted pursuant to Section 13.16.030, together with a copy of the ordinance codified in this chapter, to the affected utilities and to affected property owners as such are shown on the last equalized assessment roll of the county of San Mateo.
(Ord. 566 § 7, 1967; Ord. 1509 § 2, 2016)
If underground construction is necessary to provide utility service within the area designated by any ordinance adopted pursuant to Section 13.16.030, 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. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the Commission.
(Ord. 566 § 8, 1967)
Upon receipt of a request for right of entry on a form provided by the city, the property owner shall execute and return the right of entry to the city within ten days, thereby granting permission to the city and its contractors and the utilities and their contractors to enter the property to complete all inspection and construction necessary to receive underground utility services, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.
The property owner shall own the newly installed underground service laterals and converted service panels.
(Ord. 566 § 9, 1967; Ord. 1509 § 2, 2016)
Notice pursuant to Section 13.16.090 may be given either by personal service or by mail. In 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, 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 of the county, and when no address appears, to general delivery, city of South San Francisco. 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 city engineer 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 the premises.
(Ord. 566 § 9.1, 1967)
The notice given pursuant to Section 13.16.095 shall particularly specify what deficiencies are required to be done by the property owner, and shall state that if the property owner does not complete the work to correct the deficiencies within forty-five days after receipt of such notice, the city will correct the electric panel deficiencies, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.
(Ord. 566 § 9.2, 1967; Ord. 1509 § 2, 2016)
If upon the expiration of the forty-five-day period specified in Section 13.16.110, the property owner has not completed the required corrections, the city shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communication services are being furnished thereto, the city engineer may, in lieu of providing the required underground facilities, order the disconnection of all existing connections used for furnishing electric and communication services to such premises. Upon completion of the work by the city engineer, 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 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 such premises, which time shall be not less than ten days thereafter.
(Ord. 566 § 9.3, 1967; Ord. 1509 § 2, 2016)
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 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 the report of the city engineer and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.
(Ord. 566 § 9.4, 1967)
Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify or reject the assessment.
(Ord. 566 § 9.5, 1967)
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 for the city a notice of lien on each of the properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time as the 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.
(Ord. 566 § 9.6, 1967)
The 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 ordinance adopted pursuant to Section 13.16.030.
(Ord. 566 § 10, 1967)
In the event that any act 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 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 limitations.
(Ord. 566 § 11, 1967)
Any person violating any of the provisions of this chapter is guilty of an infraction, and upon conviction such person shall be punished as provided in Section 36900 of the Government Code.
(Ord. 566 § 12, 1967; Ord. 685 § 2, 1975; Ord. 840 § 2, 1980)