Whenever in this chapter the words or phrases 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 of California.
"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, 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"
includes all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Prior code § 33-101)
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 ten 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. The decision of the council shall be final and conclusive.
(Prior code § 33-102)
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.
(Prior code § 33-103)
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
12.28.060, 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 said overhead facilities are required to be removed by such resolution, except as said 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 Sections
12.28.120 through
12.28.180, and for such reasonable time required to remove said facilities after work has been performed, and except as otherwise provided in this chapter.
(Prior code § 33-104)
Excepted from the provisions of this chapter are the following:
A. Overhead
facilities installed and maintained for a period not to exceed ten
days in order to provide emergency service. The director of public
works may grant special permission, on such terms as the council may
determine 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.
B. Poles
or electroliers used exclusively for street lighting.
C. Equipment
appurtenant to underground facilities, such as surface-mounted transformers,
pedestal terminal boxes and meter cabinets, and concealed ducts.
(Prior code § 33-105)
In any resolution adopted pursuant to Section
12.28.060, 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 director of public works:
B. 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;
C. Poles
supporting only high voltage wires, switches and transformers;
D. 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;
E. Antennae,
associated equipment and supporting structures, used by utility for
furnishing communication services;
F. Temporary
poles, overhead wires and associated overhead structures used or to
be used in conjunction with construction projects.
(Prior code § 33-106)
A. Within ten days after the effective date of a resolution adopted pursuant to Section
12.28.060, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said 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 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.
B. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section
12.28.060 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.
(Prior code § 33-107)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section
12.28.060, 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.
(Prior code § 33-108)
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 property between the facilities referred to in Section
12.28.110 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
12.28.060, the director of public works 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 receipt of such notice.
(Prior code § 33-109(a))
The notice to provide the required underground facilities may
be given either by personal service or by 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, and the notice
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 Crescent City. 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 of public works 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 said premises.
(Prior code § 33-109(b))
The notice given by the director of public works to provide
the required underground facilities shall particularly specify what
work is required to be done, and shall state that if said work is
not completed within thirty days after receipt of such notice, the
director of public works 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.
(Prior code § 33-109(c))
If upon the expiration of the thirty day period, the required
underground facilities have not been provided, the director of public
works 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 of public works 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 director of public works,
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 ten days thereafter.
(Prior code § 33-109(d))
The director of public works 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 matter 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.
(Prior code § 33-109(e))
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.
(Prior code § 33-109(f))
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 director
of public works, and the director of public works is directed to turn
over to the assessor and tax collector a notice of lien on each of
said properties on which the assessment has not been paid, and said
assessor and tax collector shall add the amount of said assessment
to the next regular bill for taxes levied against the premises upon
which said assessment was not paid. Said assessment shall be due and
payable at the same time as said property taxes are due and payable,
and if not paid when due and payable, shall bear interest at the rate
of one percent per month.
(Prior code § 33-109(g))
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
12.28.060.
(Prior code § 33-110)
In the event that any act required by this chapter by a resolution adopted pursuant to Section
12.28.060 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.
(Prior code § 33-111)