Chico Municipal Code Ch. 14.44 Underground Wiring Districts

A. “Commission” as used in this chapter, shall mean the Public Utilities Commission of the state of California.

B. “Person” as used in this chapter shall be deemed, and is hereby declared, to include individuals, firms, corporations, partnerships, and their agents and employees.

C. “Underground district” as used in this chapter shall be deemed to, and is hereby declared to, designate areas determined and described in the manner herein provided.

D. “Utility” shall be deemed, and is hereby declared, to include all persons supplying electric, telephone, telegraph, cable television, or other similar or associated service by means of electrical materials or devices, including, but not limited to, wires, cables, or conduits.

E. “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 aboveground within a district and used or useful in supplying electric, communication or similar or associated service.

(Prior code § 23.110 (Ord. 1076 §4, Ord. 1133 §9, Ord. 1277 §l, Ord. 1724))

The council is hereby authorized to, from time to time in the manner hereinafter provided, by resolution after a public hearing, notice of which hearing shall be given at least fifteen days before the date of hearing by publication in newspaper of general circulation printed and published in the city once each week prior to said hearing, declare and determine certain areas within the city, underground districts for conduits, wires and cables and associated appurtenances, for the purpose of supplying electric, telephone, telegraph and other similar associated service by means of electrical materials or devices.

(Prior code § 23.111 (Ord. 1076 §4, Ord. 1133 §9))

The council may 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 any street, alley, or public way in the city. The city clerk shall notify all affected property owners and utilities by mail of the time and place of such hearing, at least ten days prior to the date thereof. If after such public hearing the city council finds that the public necessity, health or safety requires such removal, the council shall, by resolution, order such removal. Such resolution shall particularly describe the area, and which said area shall be given by said resolution a general description by letter or number, as “Underground District No. ......” Said area shall include not less than an entire street, alley or public way between intersecting streets or six hundred feet, whichever is the lesser.

(Prior code § 23.112 (Ord. 1076 §4, Ord. 1133 §9, Ord. 1277 §2))

Within ten days after the passage of the resolution ordering removal of poles and overhead wires and associated overhead structures, provided for in said Section 14.44.030, the city clerk shall notify all affected utilities and all persons owning real property within the affected area, of the passage of such resolution, and shall further notify such affected property owners of the necessity that if they desire to continue to receive electric, telephone, telegraph or other similar-associated service, they shall provide all necessary conduit and/or wiring and changes on their premises so as to receive service from the lines of the supplying utility at a new location subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

Notification shall be made by mailing a copy of the resolution, together with a copy of this ordinance, to the affected utilities and to the affected property owners as such are shown on the last equalized assessment roll of the county of Butte.

(Prior code § 23.113 (Ord. 1076 §4, Ord. 1133 §9))

Except as otherwise provided in this chapter, the council shall in such resolution fix the time within which such poles and overhead wires and other associated overhead structures must be removed. 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.

(Prior code § 23.114 (Ord. 1076 §4, Ord. 1133 §9))

Whenever the city council orders the removal of poles and overhead wires, or associated overhead structures as provided in Section 14.44.030 hereof, it shall be unlawful for any person or utility to maintain any pole, overhead wire, or associated overhead structure in the designated area after the date when the same is required to be removed, except as otherwise provided in this code.

No person or utility, after the city council has so ordered, shall erect, construct, place or keep, maintain, continue, employ or operate any such pole or overhead wire or other associated overhead structure in said area except as provided in Sections 14.44.070, 14.44.080 and 14.44.090, or shall neglect to take down and remove any such pole, overhead wire or associated overhead structure within the time designated in the resolution adopted pursuant to Section 14.44.030. Each consecutive fifteen-day period during which the failure to comply with the provisions hereof shall continue, shall constitute a separate offense.

(Prior code § 23.115 (Ord. 1076 §4, Ord. 1133 §9, Ord. 1277 §3))

The city council may grant special permission on such terms as the council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination to any person or utility, to erect, construct, install, maintain, use or operate poles and overhead wires and associated structures, notwithstanding any other provision of this chapter.

(Prior code § 23.116 (Ord. 1076 §4, Ord. 1133 §9))

The provisions of this chapter shall not apply to poles used exclusively for fire alarm boxes or similar municipal equipment installed under the supervision and to the satisfaction of the public works director, or to the poles and overhead wires and associated overhead structures used exclusively for street lighting furnished under contract with the city or other duly constituted public agency authorized to provide such street lighting within the city.

(Prior code § 23.117 (Ord. 1076 §4, Ord. 1133 §9, Ord. 2364 §174), Ord. 2439 §97)

This chapter shall not apply to the following types of facilities:

A. 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;

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 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.

(Prior code § 23.118 (Ord. 1076 §4, Ord. 1133 §9, Ord. 1277 §4))

In every underground conduit constructed in the city under the provisions of this chapter, for the purpose of maintaining conductors carrying electric currents of less than ninety volts, one continuous duct shall be reserved, free of cost, charge or expense, for the use thereof to the city, for the wires of its police and fire alarm system.

(Prior code § 23.119 (Ord. 1076 §4, Ord. 1133 §9))

If underground construction is necessary to provide utility service within the area affected by any resolution adopted pursuant to said Section 14.44.030, the supplying utility shall terminate its service conductors in an underground pull box or otherwise make said conductors available, adjacent to or at the property line of the building or structure being served, provided that in the event the utility elects to serve the building or structure from some location other than adjacent to or at the property line of the building or structure, in any approved manner, the provisions of this section shall not be applicable. Underground construction by the utility shall be made in accordance with established construction and in accordance with rules and regulations of the Public Utilities Commission of the state of California, and shall be completed within the time for removal of overhead facilities specified in the resolution adopted pursuant to Section 14.44.030.

(Prior code § 23.120 (Ord. 1076 §4, Ord. 1133 §9))

All necessary electrical conduits, conductors and associated equipment to receive electrical service between an underground pull box and the main switches in the building or structure being served, and all necessary conduits and associated equipment to receive telephone or telegraph service between an underground pull box or the point of connection with an underground system and the building or structure being served shall be provided by the person owning, operating, leasing, or renting said property, subject to applicable rules, regulations and tariffs of the respective utility or utilities, on file with the commission. If the above is not accomplished by such person within the time provided for in the resolution adopted pursuant to Section 14.44.030, and the supplying utility is thereby prevented from removing its overhead service wire, the public works director shall and is hereby directed to take legal steps to disconnect such service wires from the premises of such person, and the cost of so doing shall become a lien on the property theretofore served from the said service wires.

(Prior code § 23.121 (Ord. 1076 §4, Ord. 1133 §9, Ord. 2268, Ord. 2364 §175, Ord. 2439 §98)

The city shall remove its poles and fire alarm circuits at its own expense, 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 adopted pursuant to Section 14.44.030.

(Prior code § 23.122 (Ord. 1076 §4, Ord. 1133 §9))

Whenever any work shall be performed under this chapter in any of the public streets, alleys, or such places of the city, no public sewer, gas or water main, or electric, telephone or telegraph conduit shall be disturbed in any manner whatsoever, and if in any case it shall be impossible to proceed with the work on account of such proposed work interfering with any sewer, gas or water main, or electric, telephone or telegraph conduit, the council may, after a full hearing, decide whether such public sewer, gas or water main, or electric, telephone or telegraph conduit shall be removed, and in case of the removal of the same, the entire cost or expense of removal shall be borne and paid for by the person requesting its removal.

(Prior code § 23.123 (Ord. 1076 §4, Ord. 1133 §9))

All mains or trunk lines for such wires, cables and other conductors, within a district so declared under the provisions of Section 14.44.030 hereof, shall be placed in public streets, alleys or ways, insofar as practicable and possible, or in specially reserved utility easements.

(Prior code § 23.124 (Ord. 1076 §4, Ord. 1133 §9))

In event that any act hereby required by this chapter to be done cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, or any other circumstances beyond the control of the parties, then the time within which such act shall be accomplished, shall be extended for a period equivalent to the time of such limitations.

(Prior code § 23.125 (Ord. 1076 §4, Ord. 1133 §9))

Whenever any area within the city is declared an underground district and the council orders the removal of poles, overhead wires and associated overhead structures pursuant to this chapter, all poles, overhead wires, and other associated overhead structures existing herein, are hereby declared to be public nuisances, except as are herein specifically excepted by the provisions of this chapter, and each day the same remain after the time fixed for removal thereof shall constitute a separate offense, and the city attorney is authorized and directed to abate the same by appropriate proceedings.

(Prior code § 23.126 (Ord. 1076 §4, Ord. 1133 §9, Ord. 1277 §5))

Whenever the council, pursuant to the provisions of this chapter, shall have declared an area within the city an “underground district,” all electrical installations in connection with new structures, major remodeling of any existing structure, or major rewiring of an entrance facility to an existing structure or facility, shall be made in accordance with the provisions of this chapter, and the National Electrical Code, as currently adopted and modified in this code. The building official, in the exercise of the building official’s discretion, shall determine whether the proposed installation will constitute a major remodeling or rewiring. No permit required by this code shall be issued for any electrical installation in any underground district except in accordance with the provisions of this section.

(Prior code § 23.127 (Ord. 1076 §4, Ord. 1133 §16), Ord. 2268)