El Cerrito Municipal Code Ch. 14.08 Underground Utility Installations

In this chapter certain words or phrases are defined as follows:

"Commission" means the California Public Utilities Commission.

"Overhead wires and associated structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in distributing electric, communication or similar or associated service.

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

"Underground utility district" or "district" means that area described in a resolution adopted pursuant to Section 14.08.030.

"Utility" means all persons or entities supplying electric or communication services.

(Ord. 94-3 Div. II (part), 1994.)

The council may call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated structures within designated areas of the city, and their replacement with underground facilities. The city clerk shall notify by mail all affected property owners as shown on the last equalized assessment roll, and all concerned utilities, of the time and place of such hearings at least ten days prior to the date thereof. At each such hearing all interested persons shall be given an opportunity to be heard. The decision of the council at the conclusion of each such hearing shall be final.

(Ord. 94-3 Div. II (part), 1994.)

If, after any public hearing, the council finds that the public necessity, health, safety or welfare requires removal of overhead wires and associated structures and their replacement with underground facilities within 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. 94-3 Div. II (part), 1994.)

Whenever the council creates an underground utility district and orders the removal of overhead wires and associated structures as provided in Section 14.08.030, it shall be unlawful for any person or utility to erect, maintain or employ overhead wires and associated structures in the district after the date when said facilities are required to be removed by such resolution. Overhead facilities may be continued in service prior to completion of the underground work required by Section 14.08.090, or as otherwise provided in this chapter.

(Ord. 94-3 Div. II (part), 1994.)

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

(Ord. 94-3 Div. II (part), 1994.)

This chapter and any resolution adopted pursuant to Section 14.08.030 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city engineer;

B. Poles, or electroliers used exclusively for street lighting;

C. Overhead wires and associated structures used for the transmission of electric energy at voltages in excess of five thousand volts;

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

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

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

(Ord. 94-3 Div. II (part), 1994.)

Within ten days after the effective date of a resolution adopted pursuant to Section 14.08.030, 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.

The city clerk shall notify such property owners of the necessity that they must provide all necessary facility changes to receive underground service on their premises. These facility changes are subject to building permit requirements.

Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 14.08.030, together with a copy of this chapter, to affected property owners as shown on the current equalized assessment roll and to the affected utilities.

(Ord. 94-3 Div. II (part), 1994.)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section 14.08.030, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under applicable rules, regulations and tariffs on file with the Commission.

(Ord. 94-3 Div. II (part), 1994.)

A. Every owner of property within a district shall construct and provide that portion of the service connection on his or her property between the facilities referred to in Section 14.08.080 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.

B. In the event any property owner does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to Section 14.08.030, the city engineer shall post written notice on the property being served. Thirty days thereafter the city engineer shall have the authority to order the disconnection and removal of any and all overhead wires and associated structures supplying utility service to said property.

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 said work is not completed within thirty 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 thirty-day period, the said required underground facilities have not been provided, the city engineer 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 city engineer 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 said property. Upon completion of the work by the city engineer, he or she shall file a written report with the 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 said time shall not be less than ten 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 person occupying the premises, and mail a notice to the owner thereof, of the time and place that the council will pass upon the city engineer's report and 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 hearing of protests, the council shall hear and consider the city engineer's 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 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 turn over to the assessor and tax collector a notice of lien on each of said properties on which the assessment has not been paid. Said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said 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 fixed by the council in the confirmation of any assessment.

(Ord. 94-3 Div. II (part), 1994.)

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 any resolution enacted pursuant to Section 14.08.030.

(Ord. 94-3 Div. II (part), 1994.)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 14.08.030 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 is to be accomplished shall be extended for a period equivalent to the time of such limitation.

(Ord. 94-3 Div. II (part), 1994.)