Morro Bay Municipal Code Ch. 13.16 Underground Utilities

Footnotes:

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For statutory provisions regarding the conversion of overhead electrical and communication facilities to underground locations, see Strs. & Hwys. Code § 5896.1 et seq.; for provisions authorizing the assessment of properties obtaining connections to underground facilities, see Gov. Code § 38793.

The public necessity, health, welfare and safety of the people of the city requires that regulations and procedures be established for the removal of poles, overhead wire and associated overhead structures, and for the underground installation of wires and facilities for supplying electric, communications, cable television, or similar or associated service in designated districts.

(Ord. 72 § 1 (part), 1968: prior code § 9601.1)

This chapter shall be known by the following short title: "Underground Utilities Ordinance."

(Ord. 72 § 1 (part), 1968: prior code § 9601.2)

Whenever in this chapter the words or phrases hereinafter defined are used, they shall have the respective meanings assigned to them in this section.

A. "City" means the city of Morro Bay, a municipal corporation of the state of California, and its officers and employees.

B. "Commission" means the Public Utilities Commission of the state of California.

C. "Director of public works" means the director of public works of the city.

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

E. "Poles and 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 located aboveground within the district and used or useful in supplying electric, communication, cable television or similar or associated service.

F. "Premises" means and includes the integral part of a parcel or lot, including improvements to which electrical service is provided.

G. "Underground utility district" or "district" means and includes that area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area is designated in a resolution adopted pursuant to provisions of Section 13.16.060 of this code.

H. "Utility" means and includes all persons or entities supplying electric, communication, cable television, or similar or associated service by means of electrical materials or devices.

(Ord. 72 § 1 (part), 1968: prior code § 9602)

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 and overhead wires and associated overhead structures within designated areas of city and the underground installation of wires and facilities for supplying electric, communication, cable television, or similar or associated service. 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 council shall be final and conclusive.

(Ord. 72 § 1 (part), 1968: prior code § 9603.1)

The city clerk shall notify all affected property owners and utilities by mail of the time and place of the public hearings called by the council at least thirty days prior to the date thereof.

(Ord. 72 § 1 (part), 1968: prior code § 9603.2)

If, after any such public hearing, the council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council 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 within which affected property owners must be ready to receive underground service. A reasonable time, to be determined by the city, 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. 72 § 1 (part), 1968: prior code § 9604.1)

Whenever the council creates a district and orders the removal of poles, overhead wires, and associated overhead structures as provided in Section 13.16.060 it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate any pole, overhead wire or associated overhead structure in the district after the date when the overhead facilities are required to be removed by the resolution, except as the overhead facilities may be required to furnish service to any owner or occupant of property prior to the performance, by such owner or occupant or the city, of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Sections 13.16.160 and 13.16.190, 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. 72 § 1 (part), 1968: prior code § 9604.2)

Notwithstanding the provision of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the director of public works in order to provide emergency service. The director of public works may grant special permission, on such terms as he may deem appropriate, in cases of emergency or unusual circumstances without discrimination 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 chapter.

(Ord. 72 § 1 (part), 1968: prior code § 9604.3)

This chapter and any resolution adopted pursuant to Section 13.16.060 shall, unless otherwise provided for in such resolution, not apply to the following types of facilities:

A. Any municipal facilities such as poles used exclusively for police and fire alarm boxes, traffic signals, or any similar municipal equipment installed under the supervision and to the satisfaction of the director 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 and overhead wires 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 or alley;

E. Radio and television antennas and their associated equipment and supporting structures used by any person or utility for furnishing communication services;

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

G. 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; or

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

(Ord. 72 § 1 (part), 1968: prior code § 9604.4)

Within ten days after the effective date of a resolution pursuant to Section 13.16.060, the city clerk shall notify all affected utilities and all persons owning real property served by and affected by the district created by the resolution of the adoption thereof. The city 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, cable television 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 utility or utilities at a new location, subject to the provisions of Sections 13.16.110 and 13.16.120.

Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 13.16.060 together with a copy of this chapter, to the affected utilities and to affected property owners as such are shown on the last equalized assessment roll of the county.

(Ord. 132 § 1, 1975: Ord. 72 § 1 (part), 1968: prior code § 9604.5)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.16.060, the supplying utility shall furnish and install 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.

(Ord. 72 § 1 (part), 1968: prior code § 9605.1)

All cable television and other utilities not governed by the rules and regulations of the public utilities commission shall furnish and install up to the first one hundred feet of conductor to provide for the underground installation from the main conductor to a reasonable point of connection on the termination facility on or within the building or structure being served. The owner or occupant subscribing for said utility service shall provide for any necessary trenching, backfilling, or paving required upon his premises to complete the underground installation.

(Ord. 72 § 1 (part), 1968: prior code § 9605.2)

Underground construction by a utility or any person shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations established by the public utilities commission.

(Ord. 72 § 1 (part), 1968: prior code § 9605.3)

The utility shall, prior to any installation of any underground utilities, file plans and specifications with the city setting forth details of construction, the materials to be used, and the location of the proposed underground and surface facilities, to include but not be limited to, conductors, surface mounted transformers, pedestal mounted terminal boxes, meter cabinets, amplifiers, boosters, or concealed ducts to be located within or upon public streets, alleys, easements, or ways within the city. Upon approval by the city of the plans and specifications, an encroachment permit will be issued by the city for the proposed construction work. See Master Fee Schedule.

(Ord. 225 § 72, 1982; Ord. 72 § 1 (part), 1968: prior code § 9605.4)

All utilities as defined in this chapter shall, whenever practical, utilize a common trench for the installation of underground utilities to include, but not be limited to, electric, communication, and cable television facilities. It shall be the responsibility of the individual utility company required to install underground utilities to provide for arrangements to utilize a common trench and set forth this fact on all plans and specifications to be submitted to the city for approval.

(Ord. 72 § 1 (part), 1968: prior code § 9605.5)

Every owner or occupant operating, leasing, occupying or renting any premises served by and affected by a district shall construct and provide that portion of the service connection between the facilities referred to in Sections 13.16.110 and 13.16.120 and the termination facility on or within the building or structure being served on the premises all in accordance with applicable filed rules, regulations and tariffs of utilities regulated by the commission.

(Ord. 132 § 2, 1975: Ord. 72 § 1 (part), 1968: prior code § 9606.1)

In the event any owner or occupant leasing, operating, occupying or renting a premises served by and affected by a district does not comply with the provisions of Section 13.16.160 within the time provided for in the resolution enacted pursuant to Section 13.16.060, the director of public works shall post written notice on the property being served and thirty 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 the property.

(Ord. 132 § 3, 1975: Ord. 72 § 1 (part), 1968: prior code § 9606.2)

The city shall remove at its own expense all city-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 enacted pursuant to Section 13.16.060.

(Ord. 72 § 1 (part), 1968: prior code § 9607.1)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.16.060 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or other circumstances, then the time within which such act will be accomplished may be extended for a period equivalent to the time of such limitation.

(Ord. 72 § 1 (part), 1968: prior code § 9608.1)

Any person found to be responsible for damage to or destruction of any underground or surface mounted electric or communication facilities as they now exist or as they may exist in the future shall be held liable for the cost of repair to or replacement of said facilities. The cost shall include charges for all labor, materials, and equipment required for the repair or replacement of the facilities. Failure to pay the costs shall subject said person to the penalties set forth in Section 13.16.210 and applicable laws of the state.

(Ord. 72 § 1 (part), 1968: prior code § 9609.1)

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 provision of this chapter or failing to comply with any of its requirements may be deemed guilty of a misdemeanor/infraction and upon conviction thereof, shall be punishable as set forth in Title 1 of this code. Each such person may 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 such person, and shall be punishable therefor as provided for in this chapter.

(Ord. 311 Exh. A (part), 1987: Ord. 72 § 1 (part), 1968: prior code § 9610.1)