Fort Jones Municipal Code Ch. 12.08 Underground Utility Districts

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commission means the state public utilities commission.

Poles, overhead wires and associated overhead structures means poles, towers, supports, wires, conductors, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication or similar or associated service.

Underground utility district or district means that area in the town within which poles, overhead wires and associated overhead structures are prohibited as provided in this chapter.

Utility includes all persons or entities supplying electric, communication or similar or associated services by means of electrical materials or devices.

(Code 1987, § 12.08.010; Ord. No. 24-1975, § 1, 1975)

(a) 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 town and the underground installation of wires and facilities for supplying electric, communication or similar or associated service.

(b) The town 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 the hearings at least ten days prior to the date thereof.

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

(d) If, after public hearing the council finds that the public necessity, health, safety or welfare requires removal of aboveground facilities and installation of underground facilities within a designated area, the council shall, by resolution, declare the designated area an underground utility district and order underground installation. The resolution shall include a description of the area comprising the district and shall fix the time within which the underground installation shall be accomplished, and the affected property owners required to be ready to receive underground service.

(e) A reasonable time shall be allowed for the removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for the removal and installation of the underground facilities as may be occasioned thereby.

(Code 1987, §§ 12.08.020, 12.08.030; Ord. No. 24-1975, §§ 2, 3, 1975)

When the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein, 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, except for a reasonable time for the removal and underground installation to be accomplished, and except as otherwise provided in this chapter.

(Code 1987, § 12.08.040; Ord. No. 24-1975, § 4, 1975)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the council in order to provide emergency service. The council may grant special permission, on the terms as the council may deem appropriate, 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.

(Code 1987, § 12.08.050; Ord. No. 24-1975, § 5, 1975)

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

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

(2) Poles or electrifiers used exclusively for streetlighting;

(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 the wires originate 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 electrical 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 on the building to another location on the same building or to an adjacent building without crossing any public street;

(6) Antennas, 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 conjunction with construction projects.

(Code 1987, § 12.08.060; Ord. No. 24-1975, § 6, 1975)

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

(b) Notification by the town clerk shall be made by mailing a copy of the resolution, together with a copy of this chapter, to affected property owners (as they are shown on the last equalized assessment roll) and to the affected utilities.

(Code 1987, § 12.08.070; Ord. No. 24-1975, § 8, 1975)

If underground construction is necessary to provide utility service within a district created by a resolution adopted pursuant to this chapter, 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.

(Code 1987, § 12.08.080; Ord. No. 24-1975, § 8, 1975)

(a) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities and the termination 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.

(b) In the event any person owning, operating, leasing, occupying or renting the property does not comply with the provisions of this section within the time provided for in the resolution, the town administrator shall post a written notice on the property being served and 30 days thereafter shall have the authority to order disconnection and removal of all overhead service wires and associated facilities supplying utility service to the property.

(c) The notice given by the town administrator 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 the notice, the town engineer will provide the required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon the property.

(d) If, upon the expiration of the 30-day period, the required underground facilities have not been provided, the town administrator shall forthwith proceed to do the work; provided, however, that if the premises are unoccupied and no electric or communication services are being furnished thereto, the town administrator shall in lieu of providing the required facilities, have the authority to order the disconnection and removal of all overhead service wires and associated facilities supplying utility service to the property. Upon completion of the work by the town administrator, he shall file a written report with the town council setting forth the fact that the required under ground facilities have been provided and the cost thereof, together with a legal description of the property against which the cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of the work upon the premises, which time shall be not less than ten days thereafter.

(e) The town administrator shall forthwith, upon the time for the hearing the protests having been fixed, give a notice in writing thereof to the owner thereof, in the manner provided in this section for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon the 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 or 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 its conformation by the council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the town administrator, and the town administrator is directed to turn over to the assessor and tax collector a notice of lien on each of the properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. 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 six percent per annum.

(Code 1987, § 12.08.090; Ord. No. 24-1975, § 9, 1975)

The town shall remove at its own expense all town-owned equipment from all poles required to be removed under this chapter in ample time to enable the owner or user of the poles to remove the same within the time specified in the resolution.

(Code 1987, § 12.08.100; Ord. No. 24-1975, § 10, 1975)

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

(Code 1987, § 12.08.110; Ord. No. 24-1975, § 11, 1975)

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 of the provisions of the 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 of not exceeding $500.00 or by imprisonment not exceeding six months, or by both the fine and imprisonment. Each person shall be deemed 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 the person, and shall be punishable therefor as provided for in this chapter.

(Code 1987, § 12.08.120; Ord. No. 24-1975, § 12, 1975)