Chapter 8 — UNDERGROUND UTILITY FACILITIES

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Commission" shall mean the Public Utilities Commission of the State.

"Person" shall mean and include individuals, firms, corporations, partnerships, and their agents and employees.

"Poles, overhead wires, and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground within a District and used or useful in supplying electric, communication, or similar or associated service.

"Underground utility district" or "District" shall mean that area in the City 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 9-8.03 of this chapter.

"Utility" shall include all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices. (Part I, Ord. 397, eff. August 7, 1968)

• (a) Hearings: Notice. 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, overhead wires, and associated overhead structures within designated areas of the City and 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, as shown on the last equalized assessment roll, and utilities concerned by mail of the time and place of such hearings at least 10 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 Council shall be final and conclusive.

• (b) Report by City official. Prior to holding such public hearing, the City Manager or such other person as he may designate shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities participation and estimates of the total costs to the City and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.

• (Part I, Ord. 397, eff. August 7, 1968)

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

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City of Ojai, CA

BUILDING REGULATIONS

§ 9-8.03

§ 9-8.06

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 shall 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.

(Part I, Ord. 397, eff. August 7, 1968)

Whenever the Council creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein as provided in Section 9-8.03 of this chapter, it shall be 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 such overhead facilities are required to be removed by such resolution, except as such 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 9-8.03 of this chapter, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter. (Part I, Ord. 397, eff. August 7, 1968)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed 30 days, without authority of the Council in order to provide emergency service. The City Manager 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.

(Part I, Ord. 397, eff. August 7, 1968)

The provisions of this chapter and any resolution adopted pursuant to the provisions of Section 9-8.03 of this chapter shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

• (a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Manager;

• (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, where 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 34,500 volts;

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City of Ojai, CA § 9-8.06

OJAI CODE

§ 9-8.09

• (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, pedestalmounted terminal boxes and meter cabinets, and concealed ducts; and

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

• (Part I, Ord. 397, eff. August 7, 1968)

Within 10 days after the effective date of a resolution adopted pursuant to the provisions of Section 9-8.03 of this chapter, the City Clerk shall notify all affected utilities and all persons owning real property within the District created by such 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, 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 City Clerk shall be made by mailing a copy of the resolution adopted pursuant to the provisions of Section 9-8.03 of this chapter, together with a copy of the provisions of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Part I, Ord. 397, eff. August 7, 1968)

If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to the provisions of Section 9-8.03 of this chapter, 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. (Part I, Ord. 397, eff. August 7, 1968)

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 9-8.08 of this chapter and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission.

In the event any person owning, operating, leasing, occupying, or renting such property does not comply with the provisions of this section within the time provided for in the resolution enacted pursuant to the provisions of Section 9-8.03 of this chapter, the City Manager or his or her designate may utilize either or both of the following procedures:

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City of Ojai, CA

BUILDING REGULATIONS

§ 9-8.09

§ 9-8.09

• (a) Disconnection by utility. He may post written notice on the property being served and 30 days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property.

• (b) Work by City. He may give notice in writing to the persons in possession of such premises and a notice in writing to the owner thereof as shown on the last equalized assessment roll to provide the required underground facilities within 10 days after receipt of such notice.

  • (1) Service of notice. The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, 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. 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 Manager shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by 10 inches in size, to be posted in a conspicuous place on such premises.

  • (2) Contents of notice. The notice to provide the required underground facilities 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 will provide such required underground facilities, in which case the cost and expense thereof shall be assessed against the property benefitted and become a lien upon such property.

  • (3) Disconnection, construction, and assessment. If, upon the expiration of the 30 day period, the required underground facilities have not been provided, the City may forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City may, in lieu of providing the required underground facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property. Upon completion of the work, the City Manager shall file a written report with the Council setting forth the fact that the required underground facilities have been provided and the costs thereof, together with a legal description of the property against which such costs are to be assessed. The Council shall thereupon fix a time and place for hearing protests against the assessment of the costs of such work upon such premises, which time shall not be less than 10 days thereafter.

  • (4) Notice of protest hearing. The City Manager 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 thereof to the owner thereof, in the manner provided in this section for the giving of the notice to provide the required underground facilities, of the time and place the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

  • (5) Protest hearing. Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there be any, and then proceed to

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City of Ojai, CA § 9-8.09

OJAI CODE

§ 9-8.13

affirm, modify, or reject the assessment.

• (6) Lien upon property. If any assessment is not paid within five days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made, and the City Manager is directed to turn over to the Assessor and Tax Collector a notice of lien on each of such properties on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which such assessment was not paid. Such assessment shall be due and payable at the same time as property taxes are due and payable and, if not paid when due and payable, shall bear interest at the rate of 6% per annum.

(Part I, Ord. 397, eff. August 7, 1968)

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 the provisions of Section 9-8.03 of this chapter.

(Part I, Ord. 397, eff. August 7, 1968)

In the event any act required by the provisions of this chapter or by a resolution adopted pursuant to the provisions of Section 9-8.03 of this chapter 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 shall be accomplished shall be extended for a period equivalent to the time of such limitation.

(Part I, Ord. 397, eff. August 7, 1968)

(Part I, Ord. 397, eff. August 7, 1968; repealed by Part 4, Ord. 508, eff. July 24, 1975)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have adopted this chapter, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid. (Part I, Ord. 397, eff. August 7, 1968)

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City of Ojai, CA

BUILDING REGULATIONS

§ 9-9.101

§ 9-8.13

CHAPTER 9 FLOOD PROTECTION

Editor's note: Chapter 9, Flood Protection Regulations, added by Ord. No. 566, effective October 10, 1978, as renumbered by Ord. No. 569, effective January 11, 1979, as amended by Ord. No. 593, effective September 10, 1981, repealed by Ord. No. 655, effective May 19, 1988.

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City of Ojai, CA § 9-9.101

BUILDING REGULATIONS

§ 9-9.104