American Canyon Municipal Code Ch. 12.08 Underground Utility District

For the purpose of this chapter certain words and phrases are defined as provided in

the following subsections: "Commission" means the Public Utilities Commission of the state of California. "District" or "underground utility district" means that area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in Section 12.08.020 of this chapter. "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" means and includes all persons, agencies, and entities, public or private, supplying by means of electrical materials or devices, any electric, communication or similar or associated service, including any such service supplied only to departments or divisions of the supplier.

Ord. 2000-12 § 1, 2000

(A) Council Hearing. The council may from time to time call a public hearing 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) Notice. 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 ten days prior to the date thereof.

(C) Conducting of Hearing. 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.

(D) Report. 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 such utilities' participation and estimates of the total cost to the city and affected property owners. Such reports shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.

(E) Council Designation of District. 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 installations. Such resolution shall include a description of the area comprising such district and shall fix the time 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.

(F) Notice of Establishment. Within ten days after the effective date of a resolution adopted pursuant to this section, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. Said 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 prior to the date specified in said resolution, 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 Commission.

(G) Notice of Establishment Method. Such notice by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to this section, 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.

Ord. 2013-03 § 2, 2013

(A) Unlawful Acts. 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 12.08.020 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 the overhead facilities are required to be removed by such resolution, except as the 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 12.08.040(B) and for such reasonable time required to remove the facilities after the work has been performed and except as otherwise provided in this chapter.

(B) Exceptions. Notwithstanding the provisions of this chapter, in order to provide emergency service temporary overhead facilities may be installed and maintained for a period not to exceed ninety days. Any person installing such temporary overhead facilities shall, as soon as practicable, notify the director of public works of any such temporary overhead facility to be relocated and so maintained as he may deem necessary to prevent unnecessary interference with vehicular traffic or undue hazard to the public safety.

(C) Other Exceptions. This chapter shall not apply to the following types of facilities:

(1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the director of public works;

(2) Poles, or electroliers used exclusively for street lighting;

(3) 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;

(4) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred volts;

(5) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location of the building to another location on the same building or to an adjacent building without crossing any public street;

(6) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;

(7) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts;

(8) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction project.

Ord. 2000-12 § 1, 2000

(A) Utility Companies. If underground construction is necessary to provide utility service within a district created by Section 12.08.020, the supply utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulation and tariffs on file with the Commission.

(B) Property Owners. 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 subsection A and the termination facility on or within the building or structure being served. If the above is not accomplished by any person within a reasonable time pursuant to the above, 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 thirty days after receipt of such notice, all in accordance with the application rules, regulation and tariffs of the respective utilities on file with the Commission.

(C) City. 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 a reasonable time.

Ord. 2000-12 § 1, 2000

(A) Notice. The notice to provide the required underground facilities may be given either by personal service or by mail. In the 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 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 American Canyon. 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 the premises.

(B) Notice—Content. 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 the 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.

(C) Performance by City. 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 the property.

(D) Cost Report. Upon completion of the work by the director of public works, 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 including administrative overhead, 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.

(E) Notice of Hearing. The director of public works shall, 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 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) Hearing on Report. Upon the date and hour set for the hearing of protests the council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify or reject the assessment.

(G) Collection of Cost. 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 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 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.

(H) Time Extension. In the event that any act required by 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 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. 2000-12 § 1, 2000