Whenever the City Council establishes an underground utility district and orders the removal of overhead facilities as provided in Section 9.08.220, 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 the facilities are required to be removed, unless the facilities are required to furnish service to property prior to the performance of the work necessary to continue providing utility service as provided in Section 9.08.330 and for such reasonable time required to remove said facilities after such work has been performed, and except as otherwise provided in this chapter.
(Ord. 562 § 3, 2019)
A.
Emergencies.
Notwithstanding the provisions of this chapter, overhead facilities
may be installed and maintained in an underground utility district
for no more than 10 days, without approval of the City Engineer, in
order to provide emergency service.
B.
Unusual
Circumstances. Notwithstanding the provisions of this chapter, the
City Engineer may grant special permission to erect, construct, install,
maintain, use or operate overhead facilities, on such terms as the
Engineer deems appropriate, in unusual circumstances, without discrimination
as to any person or utility.
(Ord. 562 § 3, 2019)
If underground construction is necessary to provide utility service within a district created by an ordinance adopted pursuant to Section 9.08.220, the supplying utility must furnish conduits, conductors, and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.
(Ord. 562 § 3, 2019)
Every person owning a building or structure within a district must construct and provide that portion of the service connection on such person's property between the facilities referred to in Section 9.08.320 and the termination facility on or within the building or structure being served. All work required by this section must be done in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.
(Ord. 562 § 3, 2019)
At its own expense, the City must remove all City-owned equipment
from all poles required to be removed by this chapter in time to enable
the owner or user of such poles to remove the pole within the time
specified in the ordinance establishing the district.
(Ord. 562 § 3, 2019)
If a property owner does not timely comply with the requirements of Section 9.08.330, the City Engineer may take any action authorized in Sections 9.08.360 through 9.08.380.
(Ord. 562 § 3, 2019)
If a property owner does not timely comply with the requirements of Section 9.08.330, the City Engineer may post on the property a written notice to comply with the requirements of Section 9.08.330. The notice to comply must state that if the service connection required by Section 9.08.330 is not completed within 30 days after the posting of such notice, the overhead service wires and associated service facilities supplying utility service to the property will be disconnected and removed. The City Engineer is further authorized to disconnect and remove or cause the disconnection and removal of such facilities if the property owner does not comply with the requirements of the notice issued pursuant to this section.
(Ord. 562 § 3, 2019)
If a property owner does not timely comply with the requirements of Section 9.08.330, the City Engineer may perform or cause the performance of the work in accordance with the following:
A.
Notice to Construct. Written notice to comply with the requirements of Section 9.08.330 must be given to the person in possession of the premises and to the owner as shown on the last equalized assessment roll. The written notice must specify what work is required to be done, provide 30 days to complete the work, and provide that if such work is not completed within the prescribed time, the City Engineer will cause such work to be done, and to assess the cost and expense thereof as a lien upon the property. Except as set forth in this section, written notice must be given in accordance with Section 1.08.030.
B.
Service
by Mail. When no address appears on the last equalized assessment
roll, mailed notice must be addressed to the owner at the affected
property. If notice is given by mail, such notice is deemed to have
been received by the person to whom it was addressed 48 hours after
the mailing.
C.
Posting.
If notice is given by mail to either the owner or person in possession
of the premises, the City Engineer must also cause a copy of the notice
to be conspicuously posted on the premises within 48 hours after the
mailing.
D.
Engineer
Performs Work. If upon the expiration of the 30-day period, the work
required by this section has not been completed within 30 days after
notice, the City Engineer may proceed to do the work; provided, however,
that if the property is unoccupied and no electric or communications
services are being furnished to the property, the City Engineer may
order the disconnection and removal of any and all overhead facilities
in accordance with this chapter.
E.
Report and Assessment. The City Engineer must keep an account of the costs of complying with this chapter, prepare a report of the costs in accordance with Section 1.10.150, and serve a copy of the report on the property in accordance with the provision of Section 1.10.080, together with a notice of the time when the report will be heard by the City Council, for confirmation.
(Ord. 562 § 3, 2019)
In the event that any act required by this chapter or by any
ordinance or resolution adopted pursuant to this chapter cannot be
performed within the time provided because 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 to act may, on written request by the
person required to perform the act, be extended by the City Council
or City Engineer for a period equivalent to the time of such limitation.
(Ord. 562 § 3, 2019)
