Monterey Municipal Code Art. 3 Installation of Underground Facilities

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

Poles and overhead wires and associated overhead structures.Poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above-ground, upon, along, across or over the streets, alleys and ways of the City, and used or useful in supplying electric, communication or similar or associated service.

Public utilities commission.The Public Utilities Commission of the state.

Underground utility district.An area in the City within which poles and overhead wires and associated overhead structures are prohibited by an ordinance adopted pursuant to the provisions of this Article.

Utility.All persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

This Article shall not apply to the following types of facilities:

a.Poles used exclusively for police and fire alarm boxes or any similar municipal equipment installed under the supervision and to the satisfaction of the City Engineer.

b.Poles and overhead wires and associated overhead structures used exclusively for street lighting.

c.Wires (exclusive of supporting structures) crossing any portion of an underground utility district from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, when such wires originate in an area from which poles and associated overhead structures are not prohibited.

d.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.

e.Radio and television antennae, their associated equipment and supporting structures, used by a utility for furnishing communication services.

f.Service terminals in pedestals aboveground, used to distribute electric or communication service in underground systems.

The City Council may, from time to time, call public hearings to ascertain whether the public necessity, health or safety requires the removal of poles and overhead wires and associated overhead structures from the public streets, alleys or ways, within designated areas of the City, and requires the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The City Clerk shall notify all affected property owners and utilities by mail of the time and place of such hearings, at least thirty (30) days prior to the date thereof. If after any such public hearing the City Council finds that the public necessity, health or safety requires such removal and such underground installation within any such area, the City Council shall, by ordinance, declare such area an underground utility district. Such ordinance shall include a description of the area comprising such district and shall fix the time within which such poles and overhead wires and associated overhead structures shall be removed and within which affected property owners shall be ready to receive underground service. The City Council shall allow a reasonable time for such removal, having due regard for the availability of necessary labor, materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby.

Whenever the City Council, by ordinance, declares an area of the City an underground utility district, as provided in this Article, no person or utility shall maintain any pole, overhead wire or associated overhead structure on any public street, alley or way within such district after the date when such overhead facilities are required to be removed.

Within ten days after passage of an ordinance pursuant to this Article, the City Clerk shall notify all affected utilities and all persons owning real property within the underground utility district described in such ordinance of the adoption thereof. The City Clerk shall further notify such 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 so as to receive such service from the lines of the supplying utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utilities on file with the Public Utility Commission and to the requirements of state law and City ordinances.

Notification shall be made by mailing a copy of such ordinance, together with a copy of this Article, to the affected utilities and to affected property owners as such are shown on the last equalized tax roll of the City.

The City Council may, in any ordinance enacted pursuant to this Article, grant special permission, on such terms as the City Council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this Article.

If underground construction is necessary to provide utility service within the area affected by any ordinance enacted pursuant to this Article, 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 Public Utilities Commission. Underground construction by the utility shall be accomplished in accordance with the rules and regulations authorized by the Public Utilities Commission, and shall be completed within the time for removal of overhead facilities specified in the ordinance enacted pursuant to this Article.

a.All underground construction and conduits, conductors and associated equipment necessary to receive utility service between the service terminals of the supplying utility and the service facilities in the building or structure being served shall be provided by the person owning such property, subject to applicable rules, regulations and tariffs of the respective utilities on file with the Public Utilities Commission. If not accomplished by any person within the time provided for in the ordinance adopted pursuant to this Article, the City Engineer shall give notice, in writing, to the person in possession of such premises, and a notice, in writing, to the owner thereof, to provide the required underground facilities within ten (10) days after receipt of such notice.

b.Notice pursuant to this Section may be given either by personal service or by mail. In case of service by mail, the notice shall be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice shall be addressed to the owner thereof as such owner’s name appears, and shall be addressed to such owner’s last known address as the same appears, on the last equalized assessment roll of the county, and when no address appears, to General Delivery, City of Monterey, California. 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 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on such premises.

c.The notice given pursuant to this Section shall particularly specify what work is required to be done, and shall state that if such work is not completed within 30 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 benefited and become a lien upon such property.

d.If upon the expiration of the 30-day period specified in this Section, the required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work; provided, that if such premises are unoccupied and no electric or communication services are being furnished thereto, the City Engineer may, in lieu of providing the required underground facilities, order the disconnection of all existing connections used for furnishing electric and communication services to such premises. Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and cost thereof, together with a legal description of the property against which such cost is to be assessed. The City Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall be not less than ten (10) 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 in possession of such premises, and a notice, in writing, to the owner thereof, in the manner provided in this Section for the giving of the notice to provide the required underground facilities, of such report of the time and place that the City Council will pass upon such report of the City Engineer and will 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 the hearing of protests, the City Council shall hear and consider the report and all protests, if there by any, and then proceed to affirm, modify or reject the assessment.

g.If any assessment is not paid within 5 days after its confirmation by the City Council, the obligation may constitute a lien or, in the alternative, a special assessment against the property on which the violation occurred. The lien or special assessment shall be imposed as provided in Article 3 of Chapter 1 of the Monterey City Code, Sections 1-2.26 through 1-3.03 inclusive. (Ord. 3365, 2005)

The City shall remove its police and fire alarm circuits or any similar municipal equipment at its own expense from all poles required to be removed under this Article in ample time to enable the owner or user of such poles to remove the same within the time specified in the ordinance enacted pursuant to this Article.

In the event that any act required by this Article or by an ordinance adopted pursuant to this Article cannot be performed within the time provided 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 for a period equivalent to the time of such limitation.

No person shall erect, construct, place, keep, maintain, continue, employ or operate any pole or overhead wire or associated overhead structure on any public street, alley or way within an underground utility district, or neglect to take down and remove any such pole, overhead wire or associated overhead structure within the time designated in an ordinance adopted pursuant to this Article. Each consecutive 15-day period during which the failure to comply with the provisions of this Article shall continue shall constitute a separate offense.