Chapter 3 — UNDERGROUND UTILITY DISTRICTS

If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to the provisions of Section 7-3.03 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.

(§ 8, Ord. 411)

(a)

Disconnection of aboveground facilities.

(1)

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 7-3.08 of this chapter and the termination facility on or within such building or structure being served.

(2)

In the event any person owning, operating, leasing, occupying, or renting such property does not comply with the provisions of subsection (1) of this subsection within the time provided for in the resolution enacted pursuant to the provisions of Section 7-3.03 of this chapter, the Director of Public Works shall post a written notice on the property being served and thirty (30) 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 such property.

(b)

Alternative procedure. As an alternative procedure to the procedure forth in subsection (a) of this section, at the election of the Council as to any parcel, the Council may require the following:

(1)

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 7-3.08 of this chapter and the termination facility on or within such building or structure being served. If the same is not accomplished by any person within the time provided for in the resolution enacted pursuant to the provisions of Section 7-3.03 of this chapter, the Director of Public Works 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 (10) days after receipt of such notice.

(2)

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 and, when no address appears, to General Delivery, City of Pacifica. 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. If notice is given by mail to either the owner or occupant of such premises, the Director of Public Works shall, within forty-eight (48) hours after the mailing thereof,

cause a copy thereof, printed on a card not less than eight (8") inches by ten (10") inches in size, to be posted in a conspicuous place on such premises.

(3)

The notice given by the Director of Public Works 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 thirty (30) days after receipt of such notice, the Director of Public Works will provide such required underground facilities, in which case the cost and expense thereof shall be assessed against the property benefited and become a lien upon such property.

(4)

If, upon the expiration of the thirty (30) day period, the required underground facilities have not been provided, the Director of Public Works 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 Director of Public Works shall, in lieu of providing the required underground facilities, 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. Upon the completion of the work by the Director of Public Works, he 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 ten (10) days thereafter.

(5)

The Director of Public Works shall forthwith, upon the time for hearing such protests having been fixed, give 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.

(6)

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 affirm, modify, or reject the assessment.

(7)

If any assessment is not paid within five (5) 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 by the Director of Public Works, and the Director of Public Works 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 agent 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 six (6%) percent per annum.

(§ 9, Ord. 411)

The City shall remove at its own expense all City-owned equipment from all poles required to be removed pursuant to the provisions of this chapter 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 7-3.03 of this chapter.

(§ 10, Ord. 411)

In the event any act required by the provisions of this chapter or by a resolution adopted pursuant to the provisions of Section 7-3.03 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 circumstance 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.

(§ 11, Ord. 411)