Big Bear Lake Municipal Code Ch. 13.12 Underground Utility Districts

Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:

A. "Commission" means the public utilities commission of the state of California.

B. "Director" means the public works director of the city of Big Bear Lake or his designated representative.

C. "Person" means and includes individuals, firms, corporations, partnerships and their agents and employees.

D. "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 service.

E. "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 13.12.060.

F. "Utility" means and includes all persons or entities supplying electric communication or similar or associated service by means of electrical materials or devices.

(Ord. 82-66 § 1(1-1—1-7), 1982)

The city council may from time to time call public hearings to ascertain whether the public interest, 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 of similar or associated service.

(Ord. 82-66 § 1(2-1), 1982)

The city clerk shall notify all affected property owners shown on the last equalized assessment roll, and all utilities concerned, by mail of the time and place of such hearings at least ten days prior to the hearing. Included in the notice shall be a copy of Ordinance No. _____ together with a copy of the resolution of the city council calling for a public hearing to determine whether public interest, necessity, health, safety or welfare requires the formation of an underground utility district.

(Ord. 82-66 § 1(2-2), 1982)

Each such hearing shall be open to the public and may be continued from time to time. At the hearing, all persons interested shall be given an opportunity to be heard. The decision of the city council shall be final and conclusive.

(Ord. 82-66 § 1(2-3), 1982)

Prior to public hearing, the director of public works shall consult all affected utilities and prepare a report to present at the hearing containing the extent of such utilities participation and estimates of the total costs to the city and affected property owners. The report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.

(Ord. 82-66 § 1 (2-4), 1982)

If, after the public hearing the city council finds that the public interest, necessity, health, safety or welfare is benefited by such removal and underground installation within a designated area, the city council shall, by resolution, declare the designated area an underground utility district and order removal and underground installation. The 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 such affected property owners must be ready to receive underground service. A reasonable time shall be allowed for removal and underground installation. The city council, following public hearings upon the issue, may by resolution alter and amend the boundaries of any district by addition, subtraction or deletion of any area within a previously established district.

(Ord. 89-168 § 1, 1989: Ord. 82-66 § 1(2-5), 1982)

Whenever the city council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures per Section 13.12.060, 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 overhead facilities are removed.

(Ord. 82-66 § 1 (2-6), 1982)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed thirty days, without authority of the director of the public works in order to provide emergency service.

(Ord. 82-66 § 1(2-7), 1982)

The director of public works may grant special permission 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.

(Ord. 82-66 § 1(2-8), 1982)

This chapter and any resolution adopted pursuant to Section 13.12.060 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

A. Poles or electrolier used exclusively for street lighting being served by an underground electric system, except that lines and wires shall be underground;

B. 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 or to the supplying utility located outside of the district boundary without crossing any public street;

C. Antennae associated equipment and supporting structures, used by a utility for furnishing communication services;

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

E. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

(Ord. 82-66 § 1 (2-9), 1982)

Within ten days after the effective date of the resolution adopted pursuant to Section 13.12.060, the city clerk shall mail a copy of the resolution to all affected utilities.

(Ord. 82-66 § 1(2-11), 1982)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.12.060, the supplying utility shall furnish that portion of the conduits, conductors, and associated equipment required under its applicable rules, regulations and tariffs on file with the commission.

(Ord. 82-66 § 1(2-12), 1982)

Within thirty days after the effective date of a resolution adopted pursuant to Section 13.12.060, the city clerk shall mail a notice of the city council's action to all property owners within the district.

(Ord. 82-66 § 1(2-13), 1982)

A. Every person owning, operating, leasing, occupying, or renting a building within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 13.12.120 and the termination facility on or within the building being served. The director of public works shall give notice to each property owner to provide the required underground facilities. Such notice shall specify what work is required to be done, and shall state that if the work is not completed within sixty days after receipt of notice, the director will authorize such required underground facilities to be provided in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

B. The 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 addressed to the person in possession of such premises and also to the owner thereof. 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 to be posted in a conspicuous place on the premises.

C. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 13.12.060, the director of public works shall give notice in writing to the owner on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice.

D. If upon the expiration of the additional ten-day period the required underground facilities have not been provided, the director shall proceed to have the work completed; provided, however, if the premises are unoccupied and no electric or communications services are being furnished, the director may in lieu of providing the required underground facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service. Upon completion, the director 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 said time shall not be less than ten days thereafter.

E. The director shall, upon the time for hearing of protest, give a notice in writing to the owner in the manner hereinabove provided for of the time and place that the city council will pass upon such report and will hear protests against the assessment. The notice shall also set forth the amount of the proposed assessment.

F. Upon the date and hour set for the hearing of protests, 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.

G. 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 and the director is directed to turn over to the auditor-controller a list of properties on which the assessment has not been paid, and the auditor-controller shall add the amount of assessment to the next regular bill for taxes levied against the premises and upon which assessment was not paid. The assessment shall be due and payable. If not paid when due and payable, the assessment shall bear interest at the current rate charged by the county treasurer's office for delinquent tax levies.

(Ord. 88-168 § 2, 1989: Ord. 82-66 § 1(2-14), 1982)

The city shall remove at its own expense, all city owned equipment 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 resolution enacted pursuant to Section 13.12.060.

(Ord. 82-66 § 1(2-15), 1982)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.12.060 cannot be performed with 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. 82-66 § 1(2-16), 1982)

After the effective date of a resolution adopted pursuant to Section 13.12.060, the city clerk shall send a certified copy of such resolution and all appended documents, charts or maps, to the director of public works. All such resolutions and documents so received shall be filed by the department of public works and kept for public reference, and shall constitute the official city records of all underground utility districts.

(Ord. 82-66 § 1(2-17), 1982)