Placer County Municipal Code Art. 13.36 Underground Utilities

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

"Board"

means the board of supervisors of Placer County.

"Commission"

means the Public Utilities Commission of the state of California.

"Person"

means and include 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 above-ground 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 county 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 13.36.040.

"Utility"

means and includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Prior code § 4.400)

The board may from time to time call public hearings to determine whether it is in the general public interest that existing overhead distribution facilities, including poles, overhead wires and associated overhead structures, should be replaced with underground distribution facilities within designated areas of the county, because of one or more of the following reasons:

A. Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities; or

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

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

(Prior code § 4.405)

The director of public works shall notify all affected property owners as shown on the last equalized assessment roll and all utilities concerned by mail of the time and place of such hearings at least 15 days prior to the date thereof. Continuances of such hearings need not be noticed.

(Prior code § 4.406; Ord. 5006-B, 1999)

If, after a public hearing, the Board finds that it is in the general public interest, because of one of the reasons stated in Section 13.36.020, to replace overhead distribution facilities with underground distribution facilities, the board may, by resolution, create an underground utility district in the area in which both the existing and new facilities will be located. Such resolution shall include a description of the area comprising such district, shall fix the time within which such replacement shall be accomplished and within which all existing overhead facilities will be removed, shall fix the time within which affected property owners must be ready to receive underground service, and shall authorize concerned utilities to discontinue overhead service in accordance with the provisions of this article. A reasonable time shall be allowed for such replacement, having due regard for the availability of labor, materials, and equipment. The district so created, shall be subject to the provisions of this article.

(Prior code § 4.410)

Whenever the board creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 13.36.040, 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 said overhead facilities are required to be removed by such resolution, except as said 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 13.36.100, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this ordinance.

(Prior code § 4.415)

Notwithstanding the provisions of this article, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the board in order to provide emergency service. The board may grant special permission, on such terms as the board 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.

(Prior code § 4.420)

This article and any resolution adopted pursuant to Section 13.36.040 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

A. Publicly owned facilities or equipment installed under the supervision and to the satisfaction of the director of public works.

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 originated 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.

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

I. Television and radio antennae used for private residential reception.

(Prior code § 4.425)

Within 10 days after the effective date of a resolution adopted pursuant to Section 13.36.040, the director of public works shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. Said director of public works 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 applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.

Notification by the director of public works shall be made by mailing a copy of the resolution adopted pursuant to Section 13.36.040 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.

(Prior code § 4.430)

If underground construction is necessary to provide utility service within a district created by a resolution adopted pursuant to Section 13.36.040, 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.

(Prior code § 4.435)

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 13.36.090 and the termination facility on or within said building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.

B. In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection A of the section within the time provided for in the resolution enacted pursuant to Section 13.36.040, the director of public works shall give the property owner of record, as shown on the latest tax roll, written notice of make all necessary conversions to receive this service from the underground service within 30 days. If the owner does not complete the necessary improvements within the stipulated 30 day period then the director of public works shall cause the work to be done on behalf of, and at the expense of, the property owners and in accordance with the following procedures:

1. The director of public works shall keep an itemized account of the expenses incurred in connection with the required utility conversion done pursuant to the provisions of this section. Upon completion of the conversion work, the director shall prepare and file with the clerk of the board of supervisors a report specifying the work done, the itemized and total cost of the work, a description of the affected real property and the name and addresses of the parties entitled to notice pursuant to subsection B of this Section.

2. The clerk of the board of supervisors shall fix a time, date and place for the report before the board of supervisors for any protests or objections thereto. The clerk of the board shall cause notice of said hearing to be served by certified mail, postage prepaid, addressed to the property owner as his/her name and address appear on the last equalized assessment roll of the county. Such notice shall be mailed at least 10 days prior to the date set for hearing and shall specify the date, time and place that the board will hear and pass upon the director's report together with any objections or protests which may be filed as hereinafter provided by any affected persons.

3. Any property owner affected by the proposed charge may file a written protest with the clerk of the board at any time prior to the time of the hearing on the report of the director. The protest shall contain a description of the property and the grounds of such protest. The clerk of the board shall endorse the date that the protest was received and shall present such protests to the board. No other protests received following the date and time set for said protest hearing shall be considered.

4. Upon the day and time set for hearing, the board of supervisors shall pass upon the director's report together with any such objections. The board may make such revisions, corrections or modifications to the report or charges as it may deem just. When the board is satisfied with the correctness of the report and charges as submitted, revised, modified or corrected they shall either confirm or reject such report and charges. The decision of the Board shall be final and conclusive.

C.

1. The board of supervisors may thereupon order that any charges shall be made a charge upon the property involved.

2. If the board orders that a charge shall be made against the property it shall confirm the assessment and cause the same to be recorded on the assessment roll. Thereafter said assessment shall constitute a special assessment against and a lien upon the property.

D. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the county or with any person who owns or holds any estate or interest in any building which has been ordered to be converted to receive undergrounded utility services under the provisions of this code; or with any person to whom such building or property has been lawfully sold, whenever such officer, employee, contractor or authorized representative of the county, person having an interest or estate in such building or property, or purchasers is engaged in the work of making the required conversion to receive utility services from an undergrounded utility system. Violation of this section shall be punishable pursuant to Article 1.24 of this code.

(Prior code § 4.440)

The county shall remove at its own expense all county-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or use of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 13.36.040.

(Prior code § 4.445)

In the event that any act required by this article or by a resolution adopted pursuant to Section 13.36.040 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.

(Prior code § 4.450)