Chapter 15.44 — UNDERGROUND UTILITY DISTRICT

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:

A.

"Board" means the Fresno County Board of Supervisors.

B.

"Clerk" means the Clerk of the Fresno County Board of Supervisors.

C.

"Commission" means the Public Utilities Commission of the State of California.

D.

"County" means the County of Fresno.

E.

"Director" means the Fresno County Director of the Department of Public Works and Planning.

F.

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

G.

"Poles, overhead wires and associated overhead structures" means poles, tower supports, wires, conductors, guys, stubs, platforms, cross arms, braces, transformers, insulators, 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.

H.

"Underground utility district" or "district" means that unincorporated area in the County 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 15.44.030 of this Chapter.

I.

"Utility" includes all persons or entities supplying, for their own use or the use of others, electric, communication or similar or associated facilities by means of electrical material or devices.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

The board 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 unincorporated area of the county and the underground installation of wires and facilities for supplying electric, communication or similar or associated service.

Report by Director. Prior to holding such public hearing, the director shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, estimates of the extent of such utilities' participation, and an estimate of the time required to complete such underground installations and the removal of overhead facilities.

The 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 ten 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 board shall be final and conclusive.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

If, after any such public hearing, the Board finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Board 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. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

When any Underground Utility District is initiated by a legislative body of a city within the County, and such Underground Utility District includes a portion of the unincorporated area within the County, the Board of Supervisors may, by resolution, consent to the formation of such District.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

Whenever the Board creates an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 15.44.030 hereof, 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 said overhead facilities are required to be removed by such Resolution, except as said overhead facilities may be required to furnish service to an owner/permittee or occupant of property prior to the performance by such owner/permittee or occupant of the underground work necessary for such owner/permittee or occupant to continue to receive utility service as provided in Section 15.44.090 hereof, and for such reasonable time required to remove such facilities after said work has been performed, and except as otherwise provided in this Chapter.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

Notwithstanding the provisions of this Chapter, overhead facilities may be installed and maintained for a period not to exceed thirty (30) days, without authority of the Board, in order to provide emergency service. The Board may grant special permission on such terms as the Board may deem appropriate, in cases of unusual circumstances, without public hearing to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

This Chapter and any Resolution adopted pursuant to Section 15.44.030 hereof shall, unless otherwise provided in such Resolution, not apply to the following types of facilities:

A.

County facilities or equipment installed under the supervision and to the satisfaction of the Director;

B.

Poles or electroliers used exclusively for street lighting;

C.

Overhead wires (exclusive of supporting) 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;

D.

Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred (34,500) volts;

E.

Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one (1) location on the building to another location on the same building or to an adjacent building without crossing any public street;

F.

Antennae associated equipment and supporting structures, used by a utility for furnishing communication services;

G.

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

H.

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

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

Within ten (10) days after the effective date of a Resolution adopted pursuant to Section 15.44.030 hereof, the Clerk shall notify all affected utilities and all persons owning real property within the District created by said resolution of the adoption thereof. Said Clerk shall further notify such affected property 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 the respective utility or utilities on file with the Commission.

Notification by the Clerk shall be made by mailing a copy of the Resolution adopted pursuant to Section 15.44.030, 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.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

If underground construction is necessary to provide utility service within a District created by any Resolution adopted pursuant to Section 15.44.030 hereof, 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. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

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 property between the facilities referred to in Section 15.44.080 and the termination facility on or within said building or structure being served, all in accordance with applicable rules, regulations and tariffs on the respective utility or utilities on file with the Commission.

B.

In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of Subparagraph A of this Section within the time provided for in the Resolution enacted pursuant to Section 15.44.030 hereof, the Director shall post written notice on the property being served and thirty (30) days thereafter shall 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.

C.

If the action required in Subparagraph A is not accomplished by any person within the time provided for in the Resolution enacted pursuant to Section 15.44.030, the Director, with the consent of the Board, 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 latest equalized County Assessment Roll, or as is known to the Director of the Department of Public Works and Planning, to provide the required underground facilities within ten (10) days after receipt of such notice.

The notice to provide the required underground facilities may be given either by personal service or by Certified Mail, return receipt requested. If notice is given by mail to either the owner/permittee or occupant of such premises, the Director shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a form not less than eight inches by ten inches (8" x 10") in size, to be posted in a conspicuous place on the premises.

The notice shall particularly specify that work is required to be done, and shall state that if the work is not completed within thirty (30) days after receipt of such notice, the County will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a Lien upon such property.

If upon expiration of the thirty-day (30-day) period, the required underground facilities have not been provided, the County, acting through its Director of the Department of Public Works and Planning, shall forthwith proceed to do the work. Upon completion of the work by the Director, he shall file a written report with the Board 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 Board shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises.

The Director shall forthwith, upon the time for hearing such protests having been fixed give written notice to the person in possession of such premises and to the owner thereof in the manner provided in Subsection 1 herein.

The notice shall describe the work completed, the legal description of the property, the amount of the proposed assessment, the time and place of the hearing wherein the Board will consider the adoption of the proposed assessment, and a statement that the assessee shall have an opportunity at the time of such hearing to attend and protest the proposed assessment. The hearing shall not be earlier than ten (10) days after the giving of the notice thereof.

Upon the date and hour set for the hearing of the protests, the Board shall hear and pass upon the report as provided in Fresno County Ordinance Code, Title 14, Section 14.16.080, Water and Sewage.

Within ten (10) days of the confirmation of the assessment by the Board, the assessment shall be payable to the County Treasurer. If all or any portion of the assessment is not paid to the County Treasurer within ten (10) days after its confirmation, the amount of the assessment shall become a Lien upon the property as provided in Fresno County Ordinance Code, Title 14, Section 14.16.090, Special Assessment and Lien.

In the event all or any portion of the assessment is not paid within ten (10) days after its confirmation, collection of the assessment may be payable in installments upon adoption of a Resolution therefore according to the procedure described in Section 14.16.100.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

County shall remove at its own expense all County-owned equipment from all poles required to be removed hereunder within a reasonable 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 15.44.030 hereof.

(Ord. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)

In the event that any act required by this Chapter or by a Resolution adopted pursuant to Section 15.44.030 hereof 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. No. 23-001, § 1(Exh. 2), 2-28-2023; Ord. No. 19-025, § 1(Exh. B), 12-10-2019; Ord. No. 11-005, § 1, 5-24-2011; Ord. 07-049, Exh. A)