Article II — UNDERGROUND UTILITY DISTRICT FORMATION

SEC. 21-5. DEFINITIONS.

For the purposes of this chapter, the following words shall have the following meanings:

(A) COMMISSION - The public utilities commission of the state.

(B) CONSTRUCTION - Includes the construction of new buildings or structures and the expansion, modernization, renovation, remodeling, repair, improvement, equipping, furnishing and alteration of existing buildings or structures, for which one or more approvals or permits by or from the city are required, and which adds new floor area.

(C) DEVELOPER - Includes a person who is a subdivider, land developer or property owner.

(D) FACILITIES - When used in article III, includes poles, towers, supports, wires, conductors, guys, stubs, platforms, cross-arms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances used or useful in supplying electric, communication or similar or associated service.

(E) LAND DEVELOPMENT - Includes any application to the city for a building permit, use permit, planned development permit, parcel map, tentative map or final map.

(F) POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES - Poles, towers, supports, wires, conductors, guys, stubs, platform, cross arms, 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 associated service.

(G) UNDERGROUND UTILITY DISTRICT or DISTRICT - 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 21-8.

(H) UTILITY - Includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(`64 Code, Sec. 32.5-4) (Ord. No. 1158, 2207)

SEC. 21-6. PUBLIC HEARING BY CITY COUNCIL.

(A) The city 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.

(B) 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 ten 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 city council shall be final and conclusive.

(`64 Code, Sec. 32.5-5) (Ord. No. 1158)

SEC. 21-7. REPORT BY CITY ENGINEER.

Prior to holding such public hearing, the city engineer shall consult with 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.

(`64 Code, Sec. 32.5-6) (Ord. No. 1158)

SEC. 21-8. CITY COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION.

If, after any such public hearing, the city council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the city 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 and within which affected property owners must 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.

(`64 Code, Sec. 32.5-7) (Ord. No. 1158)

SEC. 21-9. UNLAWFUL ACTS.

Whenever the city council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein, as provided in section 21-6, no person or utility shall 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, and for such reasonable time required to remove such facilities after the work has been performed, and except as otherwise provided in this article.

(`64 Code, Sec. 32.5-8) (Ord. No. 1158)

SEC. 21-10. EXCEPTIONS; EMERGENCY OR UNUSUAL CIRCUMSTANCES.

Notwithstanding the provisions of this article, overhead facilities may be installed and maintained for a period not to exceed 30 days, without authority of the city council in order to provide emergency service. The city engineer may grant special permission, on such terms as he/she 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 for an additional period of time not to exceed an additional 60 days. The city council may grant special permission, on such terms as the city council 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 for any additional period of time.

(`64 Code, Sec. 32.5-9) (Ord. No. 1158)

SEC. 21-11. OTHER EXCEPTIONS.

This article and any resolutions adopted pursuant to section 21-8 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 engineer;

(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 34,500 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; and

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

(`64 Code, Sec. 32.5-10) (Ord. No. 1158)

SEC. 21-12. NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES.

(A) Within ten days after the effective date of a resolution adopted pursuant to section21-8, 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. Such 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.

(B) Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to section21-8, together with a copy of this article, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(`64 Code, Sec. 32.5-11) (Ord. No. 1158)

SEC. 21-13. RESPONSIBILITY OF UTILITY COMPANIES.

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section21-8, 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.

(`64 Code, Sec. 32.5-12) (Ord. No. 1158)

SEC. 21-14. RESPONSIBILITY OF PROPERTY OWNERS.

(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 21-13 and the termination facility on or within such building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to section 21-8, 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 as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice.

(B) 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 must 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 must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Oxnard. 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 by the city engineer 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 engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon such property.

(D) (1) If upon the expiration of the 30-day period, the required underground facilities have not been provided, the city engineer shall 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 engineer 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 such property. Upon completion of the work by the city engineer, he/she shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed.

(2) 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 such time

shall not be less than ten 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 thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the city 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.

(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 be any, and then proceed to affirm, modify or reject the assessment.

(G) (1) If any assessment is not paid within five days after its confirmation by the city council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the city engineer, and shall be a personal obligation of the property owner or owners, jointly and severally. If not paid when due and payable, such assessment shall bear interest at the rate of seven percent per annum.

(2) The city engineer may 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

such assessor, and tax collector may add the amount of such assessment to the next regular bill for taxes levied against the premises upon which such assessment was not paid.

(`64 Code, Sec. 32.5-13) (Ord. No. 1158)

SEC. 21-15. RESPONSIBILITY OF CITY.

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 21-8.

(`64 Code, Sec. 32.5-14) (Ord. No. 1158)

SEC. 21-16. EXTENSION OF TIME.

In the event that any act required by this article or by a resolution adopted pursuant to section21-8 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 will be accomplished shall be extended for a period equivalent to the time of such limitation.

(`64 Code, Sec. 32.5-15) (Ord. No. 1158)

SEC. 21-17. PENALTY.

(A) No person shall violate any provision or to fail to comply with any of the requirements of this article. Any person violating any provision of this article or, failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500 or by imprisonment not exceeding six months, or by both such fine and imprisonment.

(B) Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this article is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this article.

(`64 Code, Sec. 32.5-16) (Ord. No. 1158)