Plumas County Municipal Code Ch. 2 Underground Utilities

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Commission" shall mean the Public Utilities Commission of the State.

(b) "Person" shall mean and include individuals, firms, corporations, partnerships, and their agents and employees.

(c) "Poles, overhead wires, and associated overhead structures" shall mean 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 services.

(d) "Underground Utility District" or "District" shall mean 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 7-2.03 of this chapter.

(e) "Utility" shall mean and include all persons or entities supplying electric, communication, or similar or associated services by means of electrical materials or devices.

(§ 61500, P.C.O.C., added by Ord. 646)

The Board may, from time to time, set 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 County and the underground installation of wires and facilities for supplying electric, communication, or similar or associated services. The County Clerk shall notify by mail all affected property owners, as shown on the last equalized assessment roll, and utilities concerned of the time and place of such hearings at least ten (10) days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At such hearings all persons interested shall be given an opportunity to be heard. The decision of the Board shall be final and conclusive.

(§ 61501, P.C.O.C., added by Ord. 646)

If, after any such public hearing, as set forth in Section 7-2.02 of this chapter, the Board finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the Board 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 shall be ready to receive underground services. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of the labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

(§ 61502, P.C.O.C., added by Ord. 646)

Whenever the Board creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein, as provided for in Section 7-2.03 of this chapter, 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 such overhead facilities are required by resolution to be removed, except such overhead facilities as may be required to furnish services 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 services, as set forth in Section 7-2.09 of this chapter, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter.

(§ 61503, P.C.O.C., added by Ord. 646)

Notwithstanding any other provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten (10) days, without the authority of the Engineer-Surveyor in order to provide emergency services. The Engineer-Surveyor may grant special permission, on such terms as he 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.

(§ 61504, P.C.O.C., added by Ord. 646)

The provisions of this chapter and any resolution adopted pursuant to the provisions of Section 7-2.03 of this chapter, unless otherwise provided in such resolution, shall not apply to the following types of facilities:

(a) Any County facilities or equipment installed under the supervision and to the satisfaction of the Engineer-Surveyor;

(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 electrical 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.

(§ 61505, P.C.O.C., added by Ord. 646)

Within ten (10) days after the effective date of a resolution adopted pursuant to the provisions of Section 7-2.03 of this chapter, the County Clerk shall notify all affected utilities and all persons owning real property within the District thereby created of the adoption of such resolution. The County 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 services, they, or such occupant, shall provide all the necessary facility changes on their premises so as to receive such services from the lines of the supplying utilities at a new location, subject to the applicable rules, regulations, and tariffs of the respective utilities on file with the Commission.

Such notification by the County Clerk shall be made by mailing a copy of the resolution adopted pursuant to the provisions of Section 7-2.03 of this chapter, together with a copy of the provisions of this chapter, to the affected property owners, as they are shown on the last equalized assessment roll, and to the affected utilities.

(§ 61506, P.C.O.C., added by Ord. 646)

If underground construction is necessary to provide utility services within a District created by any resolution adopted pursuant to the provisions of Section 7-2.03 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.

(§ 61507, P.C.O.C., added by Ord. 646)

(a) 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 7-2.08 of this chapter and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utilities on file with the Commission.

(b) In the event any person owning, operating, leasing, occupying, or renting such property does not comply with the provisions of subsection (a) of this section within the time provided for in the resolution enacted pursuant to the provisions of Section 7-2.03 of this chapter, the Engineer-Surveyor 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.

(c) The notice given by the Engineer-Surveyor 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 the receipt of such notice, the Engineer-Surveyor 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 Engineer-Surveyor 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 Engineer-Surveyor 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 the utility services to such property. Upon the completion of the work by the Engineer-Surveyor, he shall file a written report with the Board 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 Board 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 (10) days thereafter.

(e) The Engineer-Surveyor 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 set forth in subsection (b) of this section, of the time and place the Board 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 Board shall hear and consider the report and all protests, if there shall be any, and then proceed to affirm, modify, or reject the assessment.

(g) If any assessment is not paid within five (5) days after its confirmation by the Board, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Engineer-Surveyor, and he is hereby 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 such assessment to the next regular bill for taxes levied against the premises upon which such assessment was not paid. Such assessment shall be due and payable at the same time 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 year.

(§ 61508, P.C.O.C., added by Ord. 646)

The County shall remove at its own expense all County-owned equipment from all poles required by the provisions of this chapter to be removed in ample time to enable the owner or user of such poles to remove the poles within the time specified in the resolution enacted pursuant to the provisions of Section 7-2.03 of this chapter.

(§ 61509, P.C.O.C., added by Ord. 646)

In the event any act required by the provisions of this chapter, or by a resolution adopted pursuant to the provisions of Section 7-2.03 of this chapter, cannot be performed within the time provided because of shortages of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobediences, or any other circumstances beyond the control of the actor, the time within which such act shall be accomplished shall be extended for a period equivalent to the time of such limitation.

(§ 61510, P.C.O.C., added by Ord. 646)

If an encroachment, as defined by Section 4-3.301 of Article 3 of Chapter 3 of Title 4 of this Code is necessary, a permit therefor shall be required in accordance with the provisions of Section 4-3.302 of Article 3 of Chapter 3 of Title 4 of this Code.

(§ 61511, P.C.O.C., added by Ord. 646)

The Engineer-Surveyor shall designate on a map all Underground Utility Districts created pursuant to the provisions of this chapter.

(§ 61512, P.C.O.C., added by Ord. 646)