Note: As to underground electric and communications service laterals, see § 13.01.040 of this Code. As to excavations on public property, see §§ 35.03.010 to 35.03.110. As to subdivisions and other divisions of land, see Ch. 36. As to underground utilities in new subdivisions, see §§ 36.13.040 to 36.15.030.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Commission.
The public utilities commission of the state.
Poles and overhead wires and associated overhead structures.
Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, communication circuits, appliances, attachments and appurtenances located above ground upon, along, across or over the streets, alleys and ways of city and used or useful in supplying electric, communication or similar or associated service.
Underground utility district or district.
An area in the city within which poles and overhead wires and associated overhead structures are prohibited by an ordinance adopted pursuant to the provisions of this chapter.
Utility.
All persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
(Ord. 411 § 1)
This chapter shall not apply to the following types of facilities:
(a) 
Poles used exclusively for police and fire alarm boxes or any similar city equipment installed under the supervision and to the satisfaction of the city engineer.
(b) 
Poles and overhead wires and associated overhead structures used exclusively for street lighting.
(c) 
An electric distribution system consisting of metal poles supporting high voltage wires, transformers and street lights with all other facilities for the supplying and distribution of electric energy and service placed underground.
(d) 
Wires, exclusive of supporting structures, crossing any portion of the district from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited.
(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) 
Radio antennae, their associated equipment and supporting structures, used by a utility for furnishing communication service.
(g) 
Equipment pertinent to underground facilities, such as service mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts.
(Ord. 411 § 1)
The city council may, from time to time, and the city council shall, upon application by twenty percent of the property owners determined by reference to the last equalized assessment roll, call a public hearing to ascertain whether the public necessity, health or safety requires the removal of poles and overhead wires and associated overhead structures from the public streets, alleys and ways 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 and utilities by mail of the time and place of such hearings at least thirty days prior to the date thereof. If, after any such public hearing, the city council finds that the public necessity, health or safety requires such removal and such underground installation within any such area, the city council shall, by ordinance declare such area an underground utility district.
Such ordinance shall include a description of the area comprising such district and shall fix the time within which such poles and such overhead wires and associated overhead structures shall be removed and within which affected property owners shall be ready to receive underground service. The city council shall allow a reasonable time for such removal, having due regard for the availability of necessary labor, materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby.
(Ord. 411 § 1)
Whenever the city council by ordinance declares an area of the city as an underground utility district, it shall be unlawful for any person or utility to maintain any pole, overhead wire or associated overhead structure on any public street, alley or way within the district after the date when the facilities are required to be removed.
No person or utility shall erect, construct, place, keep, maintain, continue, employ or operate any such pole or overhead wire or associated overhead structure on any public street, alley or way within the district, or shall neglect to take down and remove any such pole, overhead wire or associated overhead structure within the time designated in the ordinance or shall otherwise fail to comply with the provisions of this chapter. Each consecutive fifteen-day period during which the failure to comply with the provisions of this chapter shall continue shall constitute a separate offense.
(Ord. 411 § 1)
Within ten days after the passage of an ordinance pursuant to this chapter, the city clerk shall notify all affected utilities and all persons owning real property within the district described in such ordinance. The city clerk shall further notify the property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other 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 utility or utilities on file with the state public utilities commission and to the requirements of state laws, this Code or other ordinances.
Notification shall be made by mailing a copy of the ordinance, together with a copy of this chapter, to the affected utilities and to the affected property owners as such are shown on the last equalized tax roll of the city.
(Ord. 411 § 1)
The city council may, in any ordinance enacted pursuant to this chapter, grant special permission, on such terms as the city council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate, poles and overhead wires and associated overhead structures, notwithstanding any other provision of this chapter.
(Ord. 411 § 1)
If underground construction is necessary to provide utility service within the area affected by any ordinance enacted pursuant to this chapter, 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 state public utilities commission. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the state public utilities commission, and shall be completed within the time for removal of overhead facilities specified in the ordinances.
(Ord. 411 § 1)
All underground construction and conduits, conductors and associated equipment necessary to receive utility service between the service facilities referred to in Section 38.01.070 and the service facilities in the building or structure being served shall be provided by the person owning, operating, leasing or renting the property, subject to applicable rules, regulations and tariffs of the utility on file with the state public utilities commission and to the lawful requirements of state laws and city ordinances.
(Ord. 411 § 1)
The city shall remove its police and fire alarm circuits or any similar city equipment at its own expense 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 ordinance enacted pursuant to this chapter.
(Ord. 411 § 1)
(a) 
In the event the person owning, operating, leasing or renting property does not comply with the provisions of Section 38.01.090 within the time provided for in the ordinance enacted pursuant to this chapter, the city engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof, to provide the required underground facilities within ten days after receipt of such notice.
(b) 
Notice pursuant to this section may be given either by personal service or by mail. In case of service by mail, the notice shall 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. The notice shall be addressed to the owner thereof as such owner's name appears, and shall be addressed to such owner's last known address as the same appears on the last equalized assessment roll of the county, When no address appears, to general delivery, City of Davis. 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 the premises.
(c) 
The notice given pursuant to this section shall particularly specify what work is required to be done, and shall state that if the work is not completed within ten days after receipt of such notice, the city engineer shall 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.
(Ord. 411 § 1)
If upon the expiration of the ten-day period following the giving of notice to property owners, the required underground facilities have not been provided the city engineer shall forthwith proceed to do the work; provided, that if such premises are unoccupied and no electric or communication services are being furnished thereto, the city engineer may, in lieu of providing the required underground facilities, order the disconnection of all existing connections used for furnishing electric and communication services to such premises. Upon completion of the work by the city engineer, 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 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 be not less than ten days thereafter.
(Ord. 411 § 1)
The city engineer shall upon the time for hearing protests against the assessment of costs 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 provided for the giving of the notice to provide the required underground facilities, of the time and place that the city council will pass upon the report of the city engineer and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.
(Ord. 411 § 1)
Upon the date and hour set for the hearing of protests, as to assessment of costs, the city council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.
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 city engineer, and the city engineer is directed to turn over to the county 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. The assessment shall be due and payable at the same time as 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. 411 § 1)
In the event the person owning, operating, leasing or renting property does not comply with the provisions of Section 38.01.070 within the time provided for in the ordinance enacted pursuant to this chapter, 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 the property.
(Ord. 411 § 1)
Until such time as an order is issued pursuant to this chapter, the supplying utility shall not be in violation of this chapter or the ordinance enacted pursuant to this chapter in continuing to maintain overhead facilities necessary to serve such person during the period of such noncompliance and such reasonable time thereafter as may be necessary to remove the same.
(Ord. 411 § 1)
In the event that any act required by this chapter or by an ordinance enacted pursuant to this chapter cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances 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. 411 § 1)