A. 
Proceedings for 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 shall be initiated by either a petition or a determination of the city council.
B. 
1. 
In order to initiate proceedings, a petition:
a. 
Shall describe the area comprising a proposed underground utility district, stating its exterior boundaries; or giving a description thereof according to any official or recorded map; or referring to a plat or map on file in the office of the city clerk or city engineer, which shall indicate by boundary line the extent of the territory included in the proposed district;
b. 
Generally describe the proposed conversion;
c. 
Request that proceedings for such conversion be taken pursuant to this chapter.
2. 
This petition shall be signed by not less than five owners of assessable land in the proposed assessment district, as shown by the last equalized assessment roll used by the city, owning lands constituting more than one-half of all assessable lands within the proposed assessment district.
3. 
The petition shall be filed with the city clerk, who shall thereupon check or cause the petition to be checked. If the petition is signed by the requisite number of qualified signers, the clerk shall execute a certificate of sufficiency and present such certificate to the city council.
C. 
In order to initiate proceedings, the city council shall determine that the city or a public utility has voluntarily agreed to pay over fifty percent of all costs of conversion, excluding costs of users' connections to underground electric or communication facilities.
(Prior code § 6-8.2; Ord. 1408 § 1, 1982; Ord. 1412 § 1, 1982; Ord. 1944, 12/12/2024)
A. 
Upon the presentation of a certificate of sufficiency, or upon its own initiative, the city 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.
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 hearing at least fifteen days prior to the date thereof.
C. 
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.
(Prior code 6-8.3; Ord. 1408 § 1, 1982; Ord. 1944, 12/12/2024)
A. 
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.
B. 
Such resolution shall include a description of the area comprising such district and fix the time within which such removal and underground installation shall be accomplished and with 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, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.
(Prior code 6-8.4; Ord. 1408 § 1, 1982; Ord. 1944, 12/12/2024)
A. 
Wherever the council has by resolution established an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein, 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 resolution.
B. 
Subsection A of this section shall not apply to such overhead facilities as may be required to furnish service to an owner or occupant of property prior to his or her performance of the underground work necessary to continue to receive utility service as provided in Section 8.28.100, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter.
(Prior code 6-8.5; Ord. 1408 § 1, 1982; Ord. 1944, 12/12/2024)
Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the city 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.
(Prior code 6-8.6; Ord. 1408 § 1, 1982; Ord. 1944, 12/12/2024)
This chapter and any resolution adopted pursuant to Section 8.28.040 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
A. 
Any municipal facilities or equipment installed under the supervision and to the satisfaction of the director of public works;
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 normal voltages in excess of thirty-four thousand five hundred 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 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.
(Prior code 6-8.7; Ord. 1408 § 1, 1982; Ord. 1944, 12/12/2024)
A. 
Within ten days after the effective date of a resolution adopted pursuant to Section 8.28.040, the city clerk shall notify all affected utilities and all persons owning real property within the district of the adoption thereof. The city clerk shall further notify such affected property owners that they or the occupant of the property must provide all necessary facility changes on their premises if they desire to continue to receive electric, communication, or similar or associated 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 resolution, 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 6-8.8; Ord. 1408 § 1, 1982; Ord. 1944, 12/12/2024)
If underground construction is necessary to provide utility service within a district, 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 6-8.9; Ord. 1408 § 1, 1982; Ord. 1944, 12/12/2024)
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 8.28.090 and the termination facility on or within such building or structure being served, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.
B. 
In the event any such person does not comply with the provisions of subsection A of this section within the time provided for in the resolution, the building inspector shall post written notice on the property being served, and thirty days thereafter he or she shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property.
(Prior code 6-8.10; Ord. 1408 § 1, 1982; Ord. 1944, 12/12/2024)
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 resolution.
(Prior code 6-8.11; Ord. 1408 § 1, 1982; Ord. 1944, 12/12/2024)
In the event that any act required by this chapter or by resolution 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 6-8.12; Ord. 1408 § 1, 1982; Ord. 1944, 12/12/2024)
If a person other than a utility does not install the facilities for which he or she is responsible as directed or within the time prescribed, the city of San Bruno may do the work and assess the cost against the property in the manner prescribed in this chapter.
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)
When the time for completing the conversion to underground expires, the San Bruno director of public works shall make an engineering study and prepare a list of each property owner who has not installed underground the facilities necessary to receive service from the utilities.
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)
The director of public works shall file the list and report prepared under Section 8.28.140 with the city council. The city council may adopt a resolution directing the institution of proceedings under this chapter.
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)
The director of public works shall have a notice prepared in substantially the following form:
NOTICE TO INSTALL FACILITIES UNDERGROUND
Notice is given to:
_______ _______
(name)   (address)
_______ _______
that on _______, 20____, the City Council of the City of San Bruno adopted a resolution creating an Underground Utility District and declaring that facilities shall be installed underground and directing that the work be completed no later than _______. Thereafter the City Council did adopt a resolution directing that proceedings be instituted under Section 8.28.130 et seq. of the San Bruno Municipal Code by which the city would do the work and assess the cost against the land, and that the cost would be a lien upon the property until paid. Reference is made to these resolutions for further particulars.
The city has made an estimate of the cost of doing the work based upon an average installation. The estimated cost is
$_______
However, this is an estimate only and no detailed study has been made of the cost for your particular property.
Each property owner having an objection to the proposed estimate of cost for installation of underground facilities is notified to attend the meeting of the San Bruno City Council to be held on _______, when their objections to this cost estimate will be heard and given due consideration.
(Date)
 
________________________
Director of Public Works
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)
The director of public works shall have a copy of the notice posted conspicuously in front of or on the property affected in any manner most likely to give actual notice to the property owner. The public works director shall also have the notice published once in a newspaper of general circulation printed and published in the county and mailed to the property owner at his/her last known address or as shown on the last equalized assessment roll.
The posting, publication and mailing shall be complete at least ten days before the day set for the hearing.
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)
At the time set for hearing the council shall hear all objections and may continue the hearing from time to time. Upon the conclusion of the hearing the council shall allow or overrule each or any of the objections, after which it may order the work performed.
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)
The city of San Bruno may do the work with its own forces or may let a contract for the work.
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)
The city of San Bruno and each authorized agent or employee of the city of San Bruno may enter upon the private property for the purpose of performing the work of installing underground facilities required by resolution of the council.
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)
The director of public works shall file an engineer's report showing the costs of doing the work on each separate parcel within thirty days after the work is completed.
Before submitting the report to the council, a copy of it shall be posted for at least three days at the San Bruno City Hall together with a notice that the report will be submitted to the council for confirmation.
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)
At the time fixed for considering the report, the council shall hear objections of each property owner liable for the cost of the work. The council may make such modifications as it considers necessary. Following the hearing, the council shall confirm or amend the report.
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)
The amount of the cost for removing the overhead facilities and installing the underground facilities upon each of the parcels of property listed in the report as confirmed is a special assessment against the respective parcel of property and is a lien on the property for the amount of the assessment.
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)
The San Bruno city manager shall send a copy of the report as confirmed to the county auditor before the next succeeding August 10th, together with the request that the auditor enter the amounts of the assessment against the parcel of property as it appears on the assessment roll.
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)
The county tax collector shall collect the assessments pursuant to a resolution of the city council.
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)
The laws which govern the levy, collection, enforcement, cancellation and refund of county taxes apply to the special assessment levied under this chapter.
(Ord. 1517 § 2, 1990; Ord. 1944, 12/12/2024)