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:
"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"
mean poles, towers, supports, wires, conductors, guys, stubs,
platforms, cross-arms, braces, transformers, insulators, cutouts,
switches, communication circuits, appliances, attachments and appurtenances
located above ground 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 or associated service by means of electrical
materials or devices.
(Ord. 3327 §1, 1968)
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, 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
10 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 an opportunity to be
heard. The decision of the Council shall be final and conclusive.
(Ord. 3327 §1, 1968)
Prior to holding such public hearing, the Public Works 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. Such report shall
also contain an estimate of the time required to complete such underground
installation and removal of overhead facilities.
(Ord. 3327 §1, 1968)
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.
(Ord. 3327 §1, 1968)
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
22.40.040, 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 the overhead facilities are required to be removed by such resolution, 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 of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section
22.40.100, 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. 3327 §1, 1968)
Notwithstanding the provisions of this chapter, overhead facilities
may be installed and maintained for a period, not to exceed 10 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 structures.
(Ord. 3327 §1, 1968)
In any resolution adopted pursuant to Section
22.40.040, the City may authorize any or all of the following exceptions:
A. Any
municipal facilities or equipment installed under the supervision
and to the satisfaction of the Public Works Director;
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.
(Ord. 3327 §1, 1968)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section
22.40.040, 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. 3327 §1, 1968)
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 referred to in Section
22.40.080 and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section
22.40.040 hereof, the Public Works 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 after receipt of such notice.
B. The
notice to provide the required underground facilities may be given
either by personal service or mail. In case of service by mail on
either of such persons, 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, and when
no address appears, to General Delivery, City of Santa Barbara. 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
mailing thereof. If notice is given by mail to either the owner or
occupant of such premises, the Public Works Director shall, within
48 hours after the mailing thereof, cause a copy thereof, printed
on a card not less than eight inches (8″) by 10 inches (10″)
in size, to be posted in a conspicuous place on said premises.
C. The
notice given by the Public Works 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 Public Works Director will
provide such required underground facilities, in which case the cost
and expense thereof will be assessed against the property benefited
and become a lien upon such property.
D. If
upon the expiration of the 30-day period, the said required underground
facilities have not been provided, the Public Works 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 Public Works Director 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 said property.
Upon completion of the work by the Public Works Director 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 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 said time shall not
be less than 10 days thereafter.
E. The
Public Works 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 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 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 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 Council, the amount of the assessment shall become a lien upon
the property against which the assessment is made by the Public Works
Director, and the Public Works Director is directed to turn over to
the Assessor and Tax Collector 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. Said 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
annum.
(Ord. 3327 §1, 1968; Ord. 3946, 1978)
The City shall remove at its own expense all City owned equipment from all poles required 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
22.40.040.
(Ord. 3327 §1, 1968)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section
22.40.040 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 may be extended for a period equivalent to the time of such limitation, upon a showing of satisfactory evidence.
(Ord. 3327 §1, 1968)
It is unlawful for any person to violate any provision or to
fail to comply with any of the requirements of this chapter. Any person
violating any provision of this chapter or failing to comply with
any of its requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding
$500.00 or by imprisonment not exceeding six months, or by both such
fine and imprisonment. Each such person shall be deemed guilty of
a separate offense for each day during any portion of which any violation
of any of the provisions of this chapter is committed, continued or
permitted by such person, and shall be punishable therefor as provided
for in this chapter.
(Ord. 3327 §1, 1968)