Dorris Municipal Code Ch. 13.20 Underground Utility Districts

Sections:

• 13.20.010
• Definitions.
• 13.20.020
• Public hearing regarding
• formation of district.
• 13.20.030
• Designation of district by
• resolution.
• 13.20.040
• Prohibited acts-
• Exceptions.
• 13.20.050
• Notice to property owners
• and utility companies.
• 13.20.060
• Responsibility of utility
• companies.
• 13.20.070
• Responsibility of property
• owners.
• 13.20.080
• Responsibility of city.
• 13.20.090
• Extension of time.
• 13.20.100
• Violation-Penalty.

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: "Commission" means the Public Utilities Commission of the state of California. "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, plat- forms, crossarms, braces, transformers, insu- lators, cut-outs, switches, communication circuits, appliances, attachments, and appur- tenances located aboveground within a dis- trict and used or useful in supplying electric, 162 communication, or similar or associated ser- vice. "Underground utility district" or "district" means that area in the city within which poles, overhead wires and associated over- head structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 13.20.030 of this chapter. "Utility" means and includes all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices. (Ord. 163 § I, 1976)

formation of district. The council may from time to time call public hearings to ascertain whether the pub- lic necessity, health, safety or welfare re- quires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the under- ground installation of wires and facilities for supplying electric, communication, or similar or associated service. The city clerk shall no- tify 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 ten (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. 163 § 2, 1976)

resolution. If, after any such public hearing the coun- ci1 finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a desig- nated 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 com- prising 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 rea- sonable time shall be allowed for such re- moval and underground installation, having due regard for the avai1ability of labor, mate- rials and equipment necessary for such re- moval and for the installation of such under- ground facilities as may be occasioned thereby. (Ord. 163 § 3, 1976)

A. Prohibited Acts. Whenever the counci1 creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 13.20.030, 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 date when such overhead facilities are re- quired to be removed by such resolution, ex- cept as such overhead facilities may be re- quired to furnish service to an owner or occu- pant of property prior to the performance by such owner or occupant of the underground 163 work necessary for such owner or occupant to continue to receive utility service as provided in Section 13.20.060, and for such reasonable time required to remove such facilities after the work has been performed, and except as otherwise provided in this chapter. B. Exception-Emergency or Unusual Circumstances. Notwithstanding the provi- sions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten (10) days, without authority of the counci1 in order to provide emergency service. The counci1 may grant special per- mission, on such terms as the council may deem appropriate, in cases of unusual cir- cumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. C. Other Exceptions. This chapter and any resolution adopted pursuant to Section 13.20.030 shall, unless otherwise provided in such resolution, not apply to the following types of facilities: I. Any municipal facilities or equipment installed under the supervision and the satis- faction of the city engineer; 2. Poles, or electroliers used exclusively for street lighting; 3. Overhead wires (exclusive of support- ing structures) crossing any portion of a dis- trict within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires origi- nate 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 ex-

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cess of thirty-four thousand five hundred 34,500) volts; 5. Overhead wires attached to the exte- rior surface of a building by means of a bracket or other fixture and extending from one location on the building to another loca- tion 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 fur- nishing communication services; 7. Equipment appurtenant to under- ground 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 pro- jects. (Ord. 163 §§ 4---6, 1976)

and utility companies. A. Within ten (1 0) days after the effective date of a resolution adopted pursuant to Sec- tion 13.20.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adopting thereof. The city clerk shall further notify such affected prop- erty 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 164 the respective utility or utilities on file with the commission. B. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 13.20.030, to- gether with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and the affected utilities. {Ord. 163 § 7, 1976)

companies. If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.20.030, 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. 163 § 8, 1976)

owners. A. Every person owning, operating, leas- ing, occupying or renting a building or struc- ture within a district shall construct and pro- vide that portion of the service connection on his or her property between the facilities re- ferred to in Section 13.20.060 and the termi- nation facility on or within the building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. If the above is not accom- plished by any person within the time pro- vided for in the resolution enacted pursuant to Section 13.20.030, the city engineer shall give notice in writing to the person in posses- sion of such premises, and a notice in writing

( to the owner thereof as shown on the last equalized assessment roll, to provide the re- quired underground facilities within ten (1 0) days after the receipt of such notice. B. The notice to provide the required un- derground 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 deposited in the United States mail in a sealed envelope with postage prepaid, ad- dressed to the person in possession of such premises at such premises, and the notice mu~t be addressed to the owner thereof as such owner's name appears, and must be ad- dressed to such owner's last known address as the same appears on the last equalized as- sessment roll, and when no address appears, to general delivery, city of Dorris. 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 (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 forty- eight ( 48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten (10) inches in size, to be posted in a conspicuous place on such premises. C. The notice given by the city engineer to provide the required underground facilities shall particularly specify what work is re- quired to be done, and shall state that if such work is not completed within thirty (30) days after receipt of such notice, the city engineer will provide such required underground fa- cilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such prop- erty. 165 D. If upon the expiration of the thirty (30) day period, the required underground facili- ties have not been provided, the city engineer shall forthwith proceed to do the work, pro- vided; however, if such premises are unoccu- pied and no electric or communications ser- vices are being furnished thereto, the city en- gineer 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 such property. Upon completion of the work by the city engineer, he or she 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, to- gether 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 ten (10) days thereafter. E. The city engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the per- son in possession of such premises, and a no- tice in writing thereof to the owner thereof, in the manner hereinabove provided for the giv- ing of the notice to provide the required un- derground 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 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 coun- cil, the amount of the assessment shall be- come a lien upon the property against which the assessment is made by the city engineer, and the city engineer is directed to turn over to assessor and tax collector a notice of lien on each of such properties on which the as- sessment has not been paid, and the assessor and tax collector shall add the amount of such assessment to the next regular bill for taxes levied against the premises upon which such assessment was not paid. The assessment shall be due and payable at the same time as 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. (Ord. 163 § 9, 1976)

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 re- move the same within the time specified in the resolution enacted pursuant to Section 13.20.030. (Ord. 163 § 10, 1976)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.20.030 cannot be performed within the time provided on account of short- age of materials, war, restraint by public au- thorities, strikes, labor disturbances, civil dis- obedience, or any other circumstances be- yond the control of the actor, then the time within which such act will be accomplished 166 shall be extended for a period equivalent to the time of such limitation. (Ord. 163 § 1 I, 1976)

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 vio- lating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six months, or by both such fine and imprison- ment. Each such person shall be deemed guilty of a separate offense for each day dur- ing 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. 163 § 12, 1976)

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-- Title 14 (Reserved) 167

168 (Revised 8-11)