Chapter 12.12 — UNDERGROUND UTILITY DISTRICTS

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

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

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

"Poles, 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 a district and used or useful in supplying electric, communication or similar or associated service.

"Underground utility district or district" means 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 12.12.040.

"Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 20 § 1, 1974)

Upon petition by the landowners, as provided in Section 5896.5 of the Streets and Highways Code, or upon initiation by the city council, 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 persons concerned according to the most recent assessment roll, and utilities concerned, by mail of the time and place of such hearings at least fifteen 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. (Ord. 20 § 2, 1974; Ord. 144 § 1, 1977)

Prior to holding such public hearing the city engineer or other designated agent 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. (Ord. 20 § 3, 1974)

A. If, after any such public hearing, the council finds that the public necessity, health, safety,

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City of Palm Desert, CA § 12.12.040

PALM DESERT CODE

§ 12.12.070

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. The council shall also, by resolution, make one or more of the following findings:

1. Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities;

2. The street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; and

3. The street or road or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public.

• B. The legislative body may determine that either the city or the public utility voluntarily agrees to pay over fifty percent of all costs of conversion, excluding costs of user connections to underground facilities, prior to the adoption of the resolution. 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. Nothing contained in this section shall prevent the formation of districts where the property owners are willing to assume the total conversion costs.

• (Ord. 20 § 4, 1974; Ord. 144 § 2, 1977)

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 12.12.040, it is 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 the overhead facilities are required to be removed by such resolution, except as the 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 12.12.100, 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. 20 § 5, 1974)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the council in order to provide emergency service. The council may grant special permission, on such terms as the council deems 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.

(Ord. 20 § 6, 1974)

In any resolution adopted pursuant to Section 12.12.040, the city may authorize any or all of the

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City of Palm Desert, CA § 12.12.070

STREETS AND SIDEWALKS

§ 12.12.100

following exceptions:

• A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the city council or person authorized by the city council;

• B. Poles, or electroliers used exclusively for street lighting;

• C. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which over-head 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. Unless specifically included by resolution, 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;

• 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;

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

• (Ord. 20 § 7, 1974; Ord. 144 § 3, 1977)

Within ten days after the effective date of a resolution adopted pursuant to Section 12.12.040, the city clerk shall notify all affected utilities and all persons owning real property within 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, 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. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.12.040, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 20 § 8, 1974)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.12.040, 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. (Ord. 20 § 9, 1974)

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City of Palm Desert, CA § 12.12.100

PALM DESERT CODE

§ 12.12.100

• 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 12.12.060 and the termination facility on or within the 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 12.12.040, the city council 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 role, and when no address appears, to General Delivery, City of Palm Desert, 92260. 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 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the city council or person authorized by the city council shall, within forty-eight 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 said premises.

• C. The notice given by the city council, or person authorized by the city council, to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if the work is not completed with thirty days after receipt of such notice, the city council or person authorized by the city council 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 thirty-day period, the required underground facilities have not been provided, the city council or person authorized by the council may proceed to do the work in accordance with Section5896.14 of the Streets and Highways Code; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the city council or person authorized by the council 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 completion of the work by the city council or person authorized by the council, the council or person shall file a written report with the 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. The 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 not be less than ten days thereafter.

• E. The city council or person authorized by the city council 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

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City of Palm Desert, CA

STREETS AND SIDEWALKS

§ 12.12.100

§ 12.12.130

facilities, of the time and place that 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.

• F. 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.

• G. 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 by the city council or person authorized by the city council, and the council or person is directed to turn over to the county assessor and county tax collector a notice of lien on each of the properties on which the assessment has not been paid, and the county assessor and county tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time as the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per year.

• (Ord. 20 § 10, 1974; Ord. 144 § 1, 1977)

The city shall remove at its own expense all city-owned equipment from all poles required to be removed under 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 Section 12.12.040. (Ord. 20 § 11, 1974)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.12.040 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. (Ord. 20 § 12, 1974)

It is unlawful for any person to violate any provision or 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 the requirements is guilty of a misdemeanor in accordance with Chapter 1.12 of this code, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person is 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. 20 § 13, 1974; Ord. 144 § 5, 1977)

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City of Palm Desert, CA

STREETS AND SIDEWALKS

§ 12.16.010

§ 12.16.040