It is the purpose and intent of this article to require the undergrounding of all future distribution utility installations and all present distribution installations within or adjacent to new subdivisions in the city, except where a tentative subdivision map has been previously accepted by the council, or in those circumstances where such undergrounding would not be feasible or practical as set forth herein.
(Prior code § 25A-1)
All privately owned public distribution utility systems and service facilities within or adjacent to any subdivision shall henceforth be placed underground. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed aboveground subject to approval of the city engineer as to type and location. The owner is responsible for complying with the requirements of this section, and shall make the necessary arrangements with each of the serving utilities for the installation of such facilities.
(Prior code § 25A-2; Ord. 2864 § 2, 1975)
The subdivider shall be responsible for the requirements of Sections 16.52.010 through 16.52.030 and shall make the necessary arrangements with each of the public utility companies for the installation of underground facilities and the relocation of existing facilities. The subdivider shall provide the city with letters indicating that such arrangements have been made with the public utility companies stipulating the undergrounding of such utility facilities concurrent with the filing of the final map of any subdivision as required by this chapter and the state Subdivision Map Act, and subject to the approval of the city. Such arrangements between the subdivider and the public utility companies as a condition of approval of the final map may be waived as provided herein:
A. 
The provisions of this section shall not require the undergrounding of power transmission lines of thirty-four thousand five hundred volts or long-distance and trunk communication facilities;
B. 
Ornamental street lighting will be required as recommended by the city engineer;
C. 
Television and radio reception should be provided by concealed antennae or by an underground or otherwise concealed cable and one central antennae as shown on the approved plot plan;
D. 
The city engineer shall have the authority to waive the undergrounding requirements of this section for any subdivision where the proposed undergrounding would not result in a reduction of the number of poles already in existence.
(Ord. 4718 § 4, 2003)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Commission"
means the public utilities commission of the state.
"Person"
means individuals, firms, corporations, partnerships and their agents and employees.
"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 or useful 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 area is described in a resolution adopted pursuant to the provisions of Section 16.50.060 of this chapter.
"Utility"
means all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
(Prior code § 25A-4)
The council may from time to time call public hearings to ascertain whether the public 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 of the time and place of such hearing by mail 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 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 § 25A-5)
If after any such public hearing the council finds that the public 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. Immediately following its adoption, the city clerk shall cause a certified copy of such resolution to be recorded in the office of the county recorder. Such resolution shall include a description of the area comprising such district. It shall also provide that the council shall by subsequent resolution fix the time within which property in the district must be ready to receive underground service, and poles, overhead wires and associated overhead structures shall be removed.
A reasonable time shall be allowed for 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 § 25A-6)
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 16.52.060 hereof, 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 resolution, except as such 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 16.52.120 hereof, and for such reasonable time required to remove such facilities after such work has been performed and except as otherwise provided in Sections 16.52.040 through 16.52.170.
(Prior code § 25A-7)
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 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 and 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 § 25A-8)
This chapter and any resolution adopted pursuant to Section 16.52.060 hereof, unless otherwise provided in such resolution, shall not apply to the following types of facilities:
A. 
Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;
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 sixty-nine thousand 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, 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.
(Prior code § 25A-9)
Within fifteen days after the effective date of a resolution adopted pursuant to Section 16.52.060 hereof, 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 applicable rules, regulations and tariffs of the respective utilities on file with the commission.
Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 16.52.060 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 § 25A-10)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 16.52.060 hereof, 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 § 25A-11)
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 property between the facilities referred to in Section 16.52.110 and the termination facility on or within such building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.
B. 
In the event any person owning, operating, leasing, occupying or renting such property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to Section 16.52.060, the city engineer shall proceed pursuant to either of the following alternatives:
1. 
Alternative One. The city engineer shall post written notice on the property being served and shall give notice in writing to the person in possession of such premises and to the owner thereof as shown on the last equalized assessment roll to provide the required underground facilities within ten days after receipt and posting of such notice. Thirty days after such posting and giving of notice as provided hereinabove, the city engineer 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.
2. 
Alternative Two.
a. 
The city engineer shall give notice in writing to the person in possession of such premises and 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.
b. 
The written 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 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 El Cajon, California. 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 city engineer 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 such premises.
c. 
The notice to provide the required underground utilities given and posted by the city engineer shall particularly specify that work is required to be done, and shall state that, if such work is not completed within thirty days after service of such notice, the city engineer 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 thirty-day period, the required underground facilities have not been provided, the city engineer 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 city engineer 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 such property. Upon completion of the work by the city engineer, he 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 time shall not be less than ten days thereafter.
e. 
The city engineer 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 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 city engineer, and the city engineer is directed to 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 such 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. Such 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 year from such time.
(Prior code § 25A-12)
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 enacted pursuant to Section 16.52.060.
(Prior code § 25A-13)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 16.52.060 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 § 25A-14)
A. 
Property improvements with a total valuation of sixty thousand dollars or more, for a single permit or the cumulative total for multiple permits during a one-year period, shall, within the exterior boundary lines of such property, have all electrical, communication, C.A.T.V., and similar distribution, service wires, and/or cables placed underground. The owner is responsible for complying with the requirements of this section, and shall make the necessary arrangements with each of the serving utilities for the installation of such facilities.
B. 
Exceptions.
1. 
Existing single-family dwellings undergoing remodel or expansion;
2. 
A waiver of the undergrounding requirement may be submitted for review by the city manager. The city manager's denial of the waiver, in full or in part, may be appealed pursuant to Chapter 1.36 of this code.
(Prior code § 25A-15; Ord. 3760 § 1, 1984; Ord. 3995 § 1, 1986; Ord. 4398, 1993; Ord. 4432, 1993; Ord. 4610 § 1, 1999)
The city council may waive the requirements of this chapter in a particular case where it is shown, and the city council so finds, that topography, soil or other conditions make such underground installation unreasonable or impractical. The provisions of this chapter shall not apply to the installation and maintenance of overhead electric transmission lines.
(Prior code § 25A-17)