Marin County Municipal Code Ch. 13.52 Conversion of Existing Overhead Lines

Whenever the following words or phrases are used, they shall have the respective meanings assigned to them in the following definitions:

(a) "Commission" means the Public Utilities Commission of the state of California.

(b) "Modified underground system" means an electrical distribution system consisting of metal poles supporting high voltage wires, switches, transformers and street lights, with all other facilities and wires for the supplying and distribution of electrical energy and service placed underground, including occasional poles supporting only street lights if a light is required at a location where a metal electric distribution pole is not suitable.

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

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

(e) "Underground utility district" or "district" means that 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 13.52.030.

(f) "Utility" includes all persons or entities supplying electrical, communication or similar or associated service by means of electrical materials or devices.

(Ord. 2021 § 2 (part), 1973: Ord. 1635 § 1 (part), 1968)

The board of supervisors 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 county and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The clerk of the board of supervisors 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 hearing shall be open to the public and may be continued from time to time. At any hearing all persons interested shall be given an opportunity to be heard. The decision of the board of supervisors shall be final and conclusive.

(Ord. 2021 § 2 (part), 1973: Ord. 1635 § 1 (part), 1968)

(a) If, after public hearing, the board of supervisors finds that the public necessity, health, safety or welfare requires removal of poles, overhead wires and associated overhead structures and the installation of an underground utility system within a designated area, the board of supervisors shall, by resolution, declare the designated area an underground utility district and order removal and underground installation. The resolution shall include a description of the area comprising the district and shall fix the time within which 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 removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for removal and the installation of such underground facilities, as may be occasioned thereby.

(b) The clerk of the board of supervisors shall, upon passage of any resolution declaring an area an underground utility district, immediately record the resolution, including a map depicting the area designated as an underground utility district, with the office of the recorder of Marin County.

(Ord. 2021 § 2 (part), 1973: Ord. 1635 § 1 (part), 1968)

Whenever the board of supervisors creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 13.52.030, 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 the overhead facilities are required to be removed, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 13.52.090, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.

(Ord. 2021 § 2 (part), 1973: Ord. 1635 § 1 (part), 1968)

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 director of the department of public works may grant special permission, on such terms as he 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.

(Ord. 2021 § 2 (part), 1973: Ord. 1635 § 1 (part), 1968)

Any resolution adopted pursuant to Section 13.52.030 may authorize any or all of the following exceptions:

(a) Publicly owned facilities or equipment installed under the supervision and to the satisfaction of the department of public works;

(b) Poles or electroliers used exclusively for street lighting;

(c) 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;

(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 volts;

(e) 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;

(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. 2021 § 2 (part), 1973: Ord. 1635 § 1 (part), 1968)

Within ten days after the effective date of a resolution adopted pursuant to Section 13.52.030, the clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desires 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 applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

Notification by the clerk shall be effected by mailing a copy of the resolution together with a copy of this chapter, to affected property owners, as shown on the last equalized assessment roll, and to the affected utilities.

(Ord. 2021 § 2 (part), 1973: Ord. 1635 § 1 (part), 1968)

If underground construction is necessary to provide utility service within a district, 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. 2021 § 2 (part), 1973: Ord. 1635 § 1 (part), 1968)

(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 referred to in Section 13.52.080 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 person owning, operating, leasing, occupying or renting the property does not comply with the provisions of subsection (a) of this section within the time provided for in the resolution, the director of the department of public works shall post written notice on the property being served and thirty days thereafter shall have the authority either to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property, after which the affected utility companies may discontinue service to the property, or to cause the required work to be done. In the latter event the cost and expense of this work will be assessed against the property benefited and become a lien upon such property. The assessment of costs against the property will be conducted pursuant to the procedures provided in Chapter 1.05, "Nuisance Abatement."

(c) The notice given by the director of the department of public works to provide the required underground facilities shall particularly specify what work is required to be done. The notice shall be posted upon the property and shall be mailed to all persons owning the property as shown on the last equalized assessment roll.

(Ord. 2021 § 2 (part), 1973: Ord. 1635 § 1 (part), 1968)

The county shall remove, at its own expense, all county-owned equipment 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.

(Ord. 2021 § 2 (part), 1973: Ord. 1635 § 1 (part), 1968)

In the event that any act required by this chapter or by a resolution adopted pursuant hereto cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, 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. 2021 § 2 (part), 1973: Ord. 1635 § 1 (part), 1968)

Certain districts previously have been designated as underground utility districts pursuant to Chapter 13.50, which was repealed by Ordinance 2021, codified in this chapter.

Of these districts, that district previously designated pursuant to Section 13.50.042 is found to meet the criteria for an "underground utility district" as defined in this chapter and that district retains the designation of an underground utility district.

Those districts previously designated as underground utility districts pursuant to Sections 13.50.041 and 13.50.043 are found to meet the criteria for "modified underground utility districts" as defined in this chapter and these districts are so designated as modified underground utility districts. These districts are subject to all the provisions and restrictions of this chapter, as applicable, to maintain these districts as defined in Section 13.52.010(c).

(Ord. 2021 § 2 (part), 1973)