Pismo Beach Municipal Code Ch. 13.20 Underground Utilities

For purposes of this chapter the words and phrases defined in this section shall mean as follows:

"City" means the city of Pismo Beach, a municipal corporation of the state.

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

"Council" means the city council of the city.

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

"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 upon, along, across or over the public streets, alleys and ways of the city and used or useful in supplying electric, communication or similar or associated service.

"Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Prior code § 12.08.010)

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 from any public streets, alleys or ways 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 and utilities concerned by mail of the time and place of such hearings at least fifteen days prior to the date thereof pursuant to Streets and Highway Code Section 5896.4. 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. 90-19 § 2(S), 1990; prior code § 12.08.020)

If, after the 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 resolutions 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. (Prior code § 12.08.030)

Whenever the council orders the removal of poles and overhead wires and associated overhead structures as provided in Section 13.20.030, it shall be 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 any public street, alley or way in the designated area after the date when said overhead facilities may be required to be removed, except as said overhead facilities are required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant or the city engineer of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Sections 13.20.090 and 13.20.120, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter. (Prior code § 12.08.040)

The council may grant special permission, on such terms as the council may deem appropriate, in cases of emergency or unusual circumstances without discrimination to any person or utility, to erect, construct, install, maintain, or use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this chapter. (Prior code § 12.08.050)

This chapter shall not apply to the following types of facilities:

A. Poles used exclusively for police and fire alarm boxes or any similar municipal equipment installed under the supervision and to the satisfaction of the city engineer;

B. Poles and overhead wires and associated overhead structures used exclusively for street lighting;

C. Overhead wires, exclusive of supporting structures, crossing any portion of an area from which overhead wires have been prohibited, or connecting to buildings on the perimeter of such portion, 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 fixtures and extending from one location on the building to another location of the same building or to an adjacent building without crossing any public street;

E. Radio antennas, their associated equipment and supporting structures, used by a utility for furnishing communication services; or

F. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts. (Prior code § 12.08.060)

A. Within ten days after the effective date of a resolution adopted pursuant to Section 13.20.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said 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 services from the lines of the supplying utility or utilities at a new location, subject to 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 Section 13.20.030, 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. (Prior code § 12.08.070)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.20.030, 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. (Prior code § 12.08.080)

Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 13.20.080 and the termination facility on or within said building or structure being served required to be furnished by him in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 13.20.030, 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. (Prior code § 12.08.090)

Notice pursuant to Section 13.20.090 may be given either by personal service or by mail. In case of service by mail, 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 owners name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll of the county, and when no address appears, to General Delivery, city of Pismo Beach. 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 engineer 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. (Prior code § 12.08.100)

The notice given pursuant to Section 13.20.090 shall particularly specify what work is required to be done, and shall state that if said work is not completed within ten 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 benefited and become a lien upon such property. (Prior code § 12.08.110)

If upon the expiration of the ten-day period specified in Section 13.20.110, 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 communication services are being furnished thereto, the city engineer may, in lieu of providing the required underground facilities, order the disconnection of all existing connection used for furnishing electric and communication services to such premises. Upon completion of the work by the city engineer, he 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 said time shall be not less than ten days thereafter. (Prior code § 12.08.120)

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 to the owner thereof, in the manner provided in this chapter for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon said report of the city engineer and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (Prior code § 12.08.130)

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. (Prior code § 12.08.140)

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 engineer, and the city engineer is directed to turn over to the assessor and tax collector for the city a notice of lien on each of said properties on which the assessment has not been paid, and said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said 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. (Prior code § 12.08.150)

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 13.20.030. (Prior code § 12.08.160)

In the event that any act required by any party referred to in this chapter cannot be performed within the time provided in this chapter on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances 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 limitations. (Prior code § 12.08.170)

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 shall be deemed guilty of a misdemeanor 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 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 chapter is committed, continued, or permitted by such person, and shall be punishable therefor as provided for in this chapter. (Prior code § 12.08.180)