Except where the context otherwise requires, the following definitions shall govern the construction of this Chapter:
(a) 
"County"
shall mean the County of Tulare.
(b) 
"Board"
shall mean the Tulare County Board of Supervisors.
(c) 
"Clerk"
shall mean the Clerk of the Tulare County Board of Supervisors.
(d) 
"Underground Utility District" or "District"
shall mean that unincorporated area in the County 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 7-17-1015 of this Chapter.
(e) 
"Person"
shall mean and include individuals, firms, corporations, partnerships, and their agents and employees.
(f) 
"Poles, Overhead Wires and Associated Overhead Structures"
shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, 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.
(g) 
"Utility"
shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
The Board 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 unincorporated area of the County and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The Clerk shall mail a notice of the time and place of such hearings to all property owners in the proposed District, as shown on the last equalized assessment roll, and to the utilities concerned, at least ten (10) days prior to the date of the hearing. Such hearings shall be open to the public and may be continued by the Board from time to time. All persons interested shall be given an opportunity to be heard at such hearings. The decision of the Board shall be final and conclusive.
Prior to holding such public hearing, the Public Works Director shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of participation by said utilities and estimates of the total costs to the County 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.
If, after holding said public hearing, the Board finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Board shall, by resolution, declare such designated area an Underground Utility District and order such removal and under-ground 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.
Whenever the Board creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein as provided in section 7-17-1015 of this Chapter, it shall be 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 section 7-17-1045 of this Chapter, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Chapter.
(a) 
Notwithstanding the provisions of this Chapter, overhead facilities may be installed and maintained for a period not to exceed sixty (60) days, without authority of the Board, in order to provide emergency service.
(b) 
The Board may, without holding a public hearing, grant special permission on such terms as the Board may deem appropriate, in cases of unusual circumstances, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.
This Chapter and any resolution adopted pursuant to section 7-17-1015 of this Chapter shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
(a) 
County 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 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.
Within ten (10) days after the effective date of a resolution adopted pursuant to section 7-17-1015 of this Chapter, the Clerk shall notify all affected utilities and all persons owning real property within the District created by said resolution of the adoption of the resolution. The Clerk shall also 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 the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California. Notification by the Clerk shall be made by mailing a copy of the resolution adopted pursuant to section 7-17-1015, 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.
If underground construction is necessary to provide utility service within a District created by a resolution adopted pursuant to section 7-17-1015 of 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 Public Utilities Commission of the State of California.
(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 7-17-1040 of this Chapter and the termination facility on or within said building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California.
(b) 
In the event any person owning, operating, leasing, occupying or renting said 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 7-17-1015 of this Chapter, the Public Works Director shall post written notice on the property being served and thirty (30) days thereafter he may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.
The County shall remove at its own expense all equipment owned by the County from all poles required to be removed hereunder within a reasonable time to enable the owner or user of such poles to remove the same within the time specified in the resolution adopted pursuant to section 7-17-1015 of this Chapter.
In the event that any act required by this Chapter or by a resolution adopted pursuant to section 7-17-1015 of this Chapter 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 person required to perform the act, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.
Any person violating any of the provisions of section 7-17-1020 of this Chapter shall be guilty of an infraction and shall be punishable as provided in section 125 of this Ordinance Code.