Monterey County Municipal Code Ch. 15.32 Underground Utility Facilities

A. The Board of Supervisors of the County of Monterey finds and declares that the public necessity, convenience, safety, welfare and interest require that whenever underground utility distribution facilities for supplying electric, communication, or similar or associated service have been or are to be, made available to private or public property within the County of Monterey property owner, or person in possession of such property, shall make connection to such underground utility distribution facilities in the manner and under the terms and conditions set forth in this Chapter.

B. The responsibility of the property owner or the person in possession of any property to which such underground utility distribution facilities have been, or are to be, made available includes and is limited to the installation and completion of underground construction and conduits, conductors, and associated equipment necessary to maintain utility service from such underground utility distribution facilities to the building or structure being served from the property line of said property abutting the public street in such utility distribution facilities are located toward the building or structure being served, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California.

(Ord. 1578 § 1, 1967)

Whenever the Board of Supervisors orders the removal of overhead utility distribution facilities including but not limited to, poles, overhead wires, and associated overhead structures, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate such facilities except as may be otherwise provided in this Chapter.

(Ord. 1578 § 1, 1967)

Within ten (10) days after adoption of an order pursuant to Section 15.32.020, the Clerk of the Board of Supervisors shall give notice of the order to all affected utilities and all persons owning and/or occupying affected real property. The 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 other similar or associated service, they or such occupant shall provide all necessary facility changes on their premises, within the time provided for in the order, so as to receive such service from the underground utility distribution facilities of the supplying utility or utilities, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California. The notice shall state that if the required facility changes are not completed within forty-five (45) days after receipt of such notice, the County will order the disconnection and removal of existing overhead service facilities.

(Ord. 1578 § 3, 1967)

Notice of the adoption of an order as required by Section 15.32.030 may be given either by personal service or by mail. In case of service by mail, the notice must be addressed to the occupant or to the owner of the affected premises directed to his or her address as the same appears on the last equalized assessment roll of the County of Monterey. 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. When no address appears of either the owner or occupant of such premises, the Clerk of the Board of Supervisors shall, within forty-eight (48) hours, cause a copy of notice to be posted in a conspicuous place on said premises.

(Ord. 1578 § 4, 1967)

If, upon the expiration of the forty-five (45) day period specified in Section 15.32.030, existing overhead service facilities have not been removed and the underground work has not been completed, the County shall forthwith order the disconnection and removal of said existing overhead service facilities.

(Ord. 1578 § 5, 1967)

In the event that any act required by this Chapter of any party referred to in this Chapter cannot be performed within the time provided in this Chapter on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended by the County for a period equivalent to the time of such limitations.

(Ord. 1578 § 6, 1967)