Burlingame Municipal Code Ch. 12.16 Underground Utility Districts

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

"Cable television company," sometimes referred to as "cable communications company,"

means a holder of a cable television franchise issued by the city.

"Cable television underground facilities"

means electronic cable and any appurtenances thereto which distribute CATV related signals, e.g., audio-visual, digital and voice.

"City"

means the city of Burlingame, a municipal corporation of the state of California.

"Commission"

means the Public Utilities Commission of the state of California.

"Council"

means the city council of the city of Burlingame.

"Person"

means and includes 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, cable antenna television 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 12.16.025 of this chapter.

"Utility"

includes all persons or entities supplying electric communication, except for cable television (CATV) carried communications, or similar or associated service by means of electrical material or devices.

(Ord. 880 § 1, (1968); Ord. 1180 § 1, (1980))

The council 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 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 by mail of the time and place of such hearings at least 10 days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.

(Ord. 880 § 1, (1968))

If, after any such public hearing the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation with a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground 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.

(Ord. 880 § 1, (1968))

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 12.16.025 hereof, 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 12.16.060 hereof, and for such reasonable time required to remove facilities after the work has been performed, and except as otherwise provided in this chapter.

(Ord. 880 § 1, (1968))

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the council, in order to provide emergency service. The city engineer may grant special permission, on such terms as the council may deem appropriate, in cases of unusual circumstances, without discrimination to any person or utility, to erect, construct, install, maintain and use or operate poles, overhead wires and associated overhead structures.

(Ord. 880 § 1, (1968))

This chapter and any resolution adopted pursuant to Section 12.16.025 hereof shall not, unless otherwise provided in such resolution, apply to the following types of facilities:

(1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;

(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 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 34,500 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 construction with construction projects.

(Ord. 880 § 1, (1968))

Within 10 days after the effective date of a resolution adopted pursuant to Section 12.16.025 hereof, the city clerk shall notify all affected utility and CATV companies and all persons owning real property within the district created by the resolution of the adoption thereof. The city clerk shall further notify the affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, CATV or similar or associated services, they or such occupant shall provide all necessary facility changes on their premises so as to receive such services from the lines of the supplying utility, utilities or CATV companies at a new location, subject to applicable rules, regulations and tariffs of the respective utility, utilities or CATV companies on file with the commission or city.

Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.16.025, 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 or CATV companies.

(Ord. 880 § 1, (1968); Ord. 1180 § 2, (1980))

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.16.025, 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.

(Ord. 880 § 1, (1968))

(a) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his or her property between the facilities referred to in Section 12.16.055 and the termination facility on or within the 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. If the above is not accomplished within the time provided for in the resolution enacted pursuant to Section 12.16.025, 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 10 days after receipt of such notice.

(b) The notice to provide the required underground facility may be given either by personal service or by mail. 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 48 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 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by 10 inches in size, to be posted in a conspicuous place on the premises.

(c) The notice given by the city engineer 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 30 days after receipt 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 benefitted and become a lien upon such property.

(d) If upon the expiration of the 30-day period the required underground facilities have not been provided, the director of public works will forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communication services are being furnished thereto, the director of public works may, in lieu of providing the required underground facilities, order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility and/or CATV service to the property. Upon completion of the work, the director of public works 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 10 working days thereafter.

(e) The city engineer shall give notice in writing to the person in possession of such premises and 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 are any, and then proceed to affirm, modify or reject the assessment.

(g) If any assessment is not paid within five days after it is confirmed 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 file with the county controller a notice of lien on each of the properties on which the assessment has not been paid. The amount of the assessment shall be added to the next regular bill for taxes levied against the premises. 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 6% per year.

(Ord. 880 § 1, (1968); Ord. 1110 § 1, (1977); Ord. 1180 §§ 3, 4, (1980))

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 12.16.025.

(Ord. 880 § 1, (1968))

(a) For new developments and subdivisions the builder, developer or subdivider is responsible for complying with the requirements of this chapter, and he or she shall make the necessary arrangements with each of the serving utilities, and the franchised CATV operators, for the underground installation and for relocation of any existing overhead facilities. The builder, developer or subdivider will be responsible for performing all trenching and backfilling, including furnishing of any imported backfill material required, for underground installation of distribution and service lateral conduit and substructures to receive utility and CATV services, and necessary installation of CATV vaults, pedestals and other appropriate appurtenances.

(b) The affected utility and CATV companies shall provide plans and specifications to the builder, developer or subdivider and shall inspect the facilities required hereunder, and certify to the city prior to final approval of the development or subdivision that the facilities required herein are properly installed. The city shall have the right to review and require its approval of the maps and specifications provided by the utility and CATV companies.

(c) The builder, developer or subdivider is expected to subcontract with the utility and CATV companies or other competent sources for prewiring of development or subdivision structures.

(Ord. 1180 § 5, (1980))

In those areas and portions of the city heretofore designated by council as underground utility districts and where certain utility service transmission and/or distribution facilities are presently underground, other utility and CATV distribution and/or transmission facilities hereafter located in those areas and portions of the city will be installed underground. The utility or CATV company providing the required underground facilities shall be responsible for the performance of all necessary trenching and backfilling of main line and service trenches, including furnishing of any imported backfill material required.

(Ord. 1180 § 6, (1980))

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.16.025 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. 880 § 1, (1968))

The area particularly described as follows: California Drive from Burlingame Avenue to Peninsula Avenue, and Howard Avenue between California Drive and Lorton Avenue; previously designated an "Underground Utility District" by Ordinance 803, adopted April 20, 1964, is declared an "Underground Utility District" in conformity with the provisions of this chapter.

(Ord. 880 § 1, (1968))

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter.

(Ord. 880 § 1, (1968))