Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:
"Commission"
means the Public Utilities Commission of the state.
"Director"
means the director of public works for the city.
"Person"
includes individuals, association, firms, corporations, joint venture, partnership or any other entity.
"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 in supplying electric, communication or similar or associated service.
"Underground utility district" or "district"
means that area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such are described in a resolution adopted pursuant to the provisions of Section 12.20.040.
"Utility"
includes all persons supplying electric, communication or similar or associated service.
(Ord. 187 § 1, 1994)
A. 
The city council may from time to time call a public hearing for the purpose of determining whether or not to proceed with 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.
B. 
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 10 days prior to the date thereof.
C. 
Each such hearing shall be open to the public and may be continued from time to time.
D. 
At each such hearing all persons interested shall be given an opportunity to be heard.
E. 
The decision of the city council shall be final and conclusive.
(Ord. 187 § 1, 1994)
A. 
Prior to holding such hearing, the director shall consult with all affected utilities and shall prepare a report for submission at such hearing containing, among other information the extent of such utilities' participation and estimates of the total costs to the city and affected property owners.
B. 
Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.
(Ord. 187 § 1, 1994)
A. 
If, after any such public hearing the city council finds that it is necessary and appropriate to proceed with 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.
B. 
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.
C. 
A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, material and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.
D. 
Such resolution shall state certain findings to justify such declaration and designation, the findings to include at least one of the following:
1. 
Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electrical facilities;
2. 
The street or road right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic;
3. 
The street or road or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public.
E. 
Such resolution shall state whether or not the owners of real property within the district are responsible for the cost of constructing underground utility service connections pursuant to Section 12.40.100. Such requirement shall not be included in the resolution without the city council first finding that the property owner is directly benefitted by undergrounding work being undertaken.
(Ord. 187 § 1, 1994)
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 12.20.040, 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 such resolutions except as such overhead facilities may be required to furnish service to any property prior to the performance by the city and/or the owner of the property the underground work necessary for such property to continue to receive utility service as provided in Section 12.20.100, and for such reasonable time required to remove such facilities after the work has been performed, and except as otherwise provided in this chapter.
(Ord. 187 § 1, 1994)
This chapter and any resolutions adopted pursuant to Section 12.20.040 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
A. 
Any municipal facility or equipment installed under the supervision and to the satisfaction of the director;
B. 
Poles or electroliers used exclusively for street lighting;
C. 
Overhead wires, exclusive of supporting structures, crossing any point 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 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 to another location on the same building or to an adjacent building without crossing the 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, pedestalmounted 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.
(Ord. 187 § 1, 1994)
A. 
Within 10 days after the effective date of a resolution adopted pursuant to Section 12.20.040, 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 desire to continue to receive electric, communication, or similar or associated service, they or such occupant 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 the 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 resolution adopted pursuant to Section 12.20.040, 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.
(Ord. 187 § 1, 1994)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.20.040, 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.
(Ord. 187 § 1, 1994)
A. 
If a resolution adopted pursuant to Section 12.20.040 states that the owners of real property within the district are responsible for the cost of constructing underground utility service connections, every person who owns real property within a district shall construct and provide that portion of the service connection on his property between facilities referred to in Section 12.20.090 and the termination facility on or within such building or structure being served.
B. 
If the requirement set forth in subsection A of this section is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 12.20.040, 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 10 days of receipt of such notice.
(Ord. 187 § 1, 1994)
A. 
The notice to provide the required facilities may be given whether by personal service or by mail.
B. 
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 owner of the property 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 Moorpark."
C. 
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.
D. 
If notice is given by mail to the owner of the property, the director 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 such property.
(Ord. 187 § 1, 1994)
The notice given by the director to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if the work is not completed within 30 days after receipt of such notice, the director will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon such property.
(Ord. 187 § 1, 1994)
A. 
If upon the expiration of the 30 day period, the required underground facilities have not been provided, the director 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 director may in lieu of providing the required underground facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property.
B. 
Upon completion of the work by the director, he shall file a written report with 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.
C. 
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 10 days thereafter.
(Ord. 187 § 1, 1994)
The director 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 provided in Section 12.20.110 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.
(Ord. 187 § 1, 1994)
A. 
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 director, and the director shall turn over to the assessor and tax collector a notice of lien on each of such properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of such assessment to the next regular bill for taxes levied against the premises upon which such assessment was not paid.
B. 
The assessment may be collected at the same time and in the same manner as ordinary municipal ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such assessment.
(Ord. 187 § 1, 1994)
A. 
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 12.20.040.
B. 
In the event the resolution adopted pursuant to Section 12.20.040 does not set forth the findings required by subsection D of that section and does not state that the owners of private property within the district are responsible for the cost of constructing underground utility service connections, it shall be the responsibility of the city to convert all overhead utility service connections to underground services. Prior to proceeding with such work, the city shall first obtain the written consent of the owner of each property affected. In the event the city is unable to obtain such consent, the city may proceed with the work upon obtaining a court order authorizing the work to be constructed.
(Ord. 187 § 1, 1994)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.20.040 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.
(Ord. 187 § 1, 1994)
A. 
All electrical distribution line of 16,000 volts or less, telephone, C.A.T.V. and similar service wires or cable which provide direct service to the property being developed shall be installed underground. Risers on poles and buildings are permitted and shall be provided by the developer or owner onto the pole which provides service to such property. The developer or owner is responsible for complying with the requirements of this section and he shall make the necessary arrangements with the utility companies for installation of such facilities.
B. 
The following exceptions shall apply:
1. 
A utility pole may be placed on the rear of such property for the sole purpose of terminating underground facilities, provided it is not practical or economically feasible to carry such underground lines to an existing utility pole.
2. 
Temporary utilities along with the necessary service poles, wires and cables may be permitted for the period during which authorized construction is continuing for which valid building permits have been issued or for temporary uses which comply with requirements of the zoning ordinance, building code and other applicable regulations.
3. 
Appurtenances and associated equipment including, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts in an underground system may be placed aboveground.
(Ord. 187 § 1, 1994)