Redding Municipal Code Ch. 14.04 Underground Utility Districts

Sections:

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:

A. "City" means the city of Redding, California;

B. "Commission" means the public utility commission of the state;

C. "Council" means the city council;

D. "Person" means and includes individuals, firms, corporations, copartnerships and their agents and employees;

E. "Poles and overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, cross-arms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground upon, along, across or over the streets, alleys and ways of the city and used or useful in supplying electric, communication or similar or associated services;

F. "Underground utility district" or "district" means an area in the city within which poles and overhead wires and associated overhead structures are prohibited by an ordinance adopted pursuant to the provisions of Section 14.04.020;

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

(Prior code § 27.1-1)

A. The council finds that the public necessity, safety and general welfare require the undergrounding of overhead utility facilities. The council may designate underground utility districts by ordinance.

B. The council may from time to time call public hearings to ascertain whether the public necessity, general public interest, health or safety requires the removal of poles or overhead wires and associated overhead structures from the public streets, alleys and ways within designated areas of the city. The general public interest may include, but is not limited to, one of the following findings: 1) Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities; or 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; or 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; or 4) The street or road or right-of-way is considered an arterial street or major collector as defined in the Governor's Office of Planning and Research General Plan Guidelines, as amended. The city clerk shall notify all affected property owners and utilities by mail of the time and place of such hearings at least fifteen days prior to the date thereof.

C. If, after any such public hearing, the council finds that the public necessity, general public interest, health or safety require the removal of poles or overhead wires and associated overhead structures, the council shall, by ordinance, declare the area an underground utility district. The ordinance shall include a description of the area comprising the district and shall fix the time within which the poles and overhead wires and associated overhead structures shall be removed, and within which affected property owners must be ready to receive underground service. The council shall allow a reasonable time for the removal, having due regard for the availability of necessary labor, materials and equipment for the removal, and for the installation of such underground facilities as may be occasioned thereby.

(Ord. 2313 § 1, 2003; prior code § 27.1-3)

A. Whenever the council by ordinance declares an area of the city an underground utility district as provided in Section 14.04.020, it is unlawful for any person or utility to maintain any pole, overhead wires or associated overhead structure on any public street, alley or way within the district after the date when such facilities are required to be removed.

B. Any person or utility who erects, constructs, places, keeps, maintains, continues, employs or operates any such pole or overhead wire or associated overhead structure on any public street, alley or way within the district after the date when such overhead facilities are required to be removed; or who neglects to take down and remove any such pole, overhead wire or associated overhead structure within the time designated in the ordinance; or who otherwise fails to comply with the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars. 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 the person, and shall be punishable therefor as provided in this chapter.

(Prior code § 27.1-3)

The council may, in any district created by an ordinance enacted pursuant to Section 14.04.020, grant special permission, on such terms as the council may deem appropriate in cases of emergency or unusual circumstances, excluding financial consideration, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, and overhead wires and associated overhead structures, notwithstanding any other provisions of this chapter.

(Prior code § 27.1-4)

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

1. Pedestals or foundations used exclusively for the support of fire alarm boxes, traffic signal control equipment, padmounted utility equipment, or any similar municipal equipment installed to the satisfaction of both the director of municipal utilities and the director of the electric utility for the city;

2. Metal or concrete poles used exclusively for street lighting or traffic signals;

3. Overhead wires of a 60,000-volt or higher transmission system and their support structures crossing any portion of the district;

4. Overhead wires required to be erected on a temporary basis to give emergency service for less than a seven-day period, which period could be extended upon approval by the director of municipal utilities;

5. Radio antennae, their associated equipment and supporting structures; and

6. Overhead wires (exclusive of supporting structures) crossing any portion of an area from which overhead wires have been prohibited, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited; provided, however, that no aerial connection from such overhead wires shall be made to buildings within the district.

(Ord. 2313 § 2, 2003; prior code § 27.1-5)

A. Within ten days after the passage of an ordinance pursuant to Section 14.04.020, the city clerk shall notify all affected utilities and all persons owning real property within the district described in the ordinance of the adoption thereof. The city clerk shall further notify the property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other 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 and to the requirements of state laws and city policies or ordinances.

B. Notification shall be made by mailing a copy of the ordinance, together with a copy of this chapter to the affected utilities, to affected property owners as they are shown on the last equalized tax roll of the county and to any person occupying, operating, leasing or renting the property, when applicable.

(Ord. 2313 § 3, 2003; prior code § 27.1-6)

If underground construction is necessary to provide utility service within the area affected by any ordinance enacted pursuant to Section 14.04.020, 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, or applicable rules and regulations of the city as to underground utilities supplied by the city. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the commission or the city respectively, and shall be completed within the time for removal of overhead facilities specified in the ordinance enacted pursuant to Section 14.04.020.

(Prior code § 27.1-7)

A. All underground construction, conduits, conductors, and associated equipment necessary to receive utility service between conductors or underground pipe or conduit of the supplying utility and the service facilities in the building or structure being served shall be provided by the person owning, operating, leasing or renting the property, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission or to the lawful requirements of state laws or city policies or ordinances.

B. The city's electric utility will reimburse property owners for the reasonable cost of the following Section 14.04.080.A work.

1. Construction of the electric and telephone service laterals from the property line to the service entrance facilities at the property owner's building service or structure. This work includes service trenching, service conduits, and electric service cable but excludes any work required to be performed by any communication utility at its expense as part of a franchise or other agreement with the city. Wherever possible, all the utility service laterals will be installed in a joint utility trench with each utilities' building service entrance point located within five feet of each other. The city electric utility will prepare the utility service trench design on this basis.

2. Conversion of the telephone and electric service entrance facilities in or on buildings/structures being served to accept underground utilities. The reimbursement shall exclude any electric panel upgrades not required by the underground conversion or any code violations that the property owner needs to correct.

C. The city's electric utility will require the property owner to obtain at least three cost estimates for the work on their property from licensed electrical contractors holding a city business license. Upon receipt of the three cost estimates, the city's electric utility will reimburse the property owner for work performed based on the lowest estimate received. If, however, the city's electric utility director believes that the low cost estimate is unreasonable, it may require that additional estimates be obtained and compensate the property owner on the basis of a lower cost estimate, if such is attained.

D. In the event the person owning, operating, leasing or renting such property does not comply with the provisions of Section 14.04.080.A within the time provided in the ordinance enacted pursuant to Section 14.04.020, the director of municipal utilities shall give notice in writing to the person or persons in possession of the premises, and a notice in writing to the owner thereof, to provide the required underground facilities within thirty days after receipt of the notice.

E. Noncompliance by any person owning, operating, leasing or renting that property with the provisions of this section shall constitute a misdemeanor under Section 14.04.030. Until such time as a notice and order are issued pursuant to Section 14.04.080.D, the supplying utility shall not be in violation of this chapter or the ordinance enacted pursuant to Section 14.04.020 in continuing to maintain overhead facilities necessary to serve such person during the period of such noncompliance and such reasonable time thereafter as may be necessary to remove the facilities.

(Ord. 2313 § 4, 2003; prior code § 27.1-8)

Notice pursuant to Section 14.04.080.D 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 and mailed to the person in possession of the premises and the notice(s) must also be addressed to the owner thereof as the owner's name appears, and must be addressed to the owner's last known address as it appears on the last equalized tax roll in the county of Shasta, and when no address appears, to General Delivery, Redding, California. If notice is given by mail, the notice shall be deemed to have been received by the person(s) 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 the premises, the city's director of municipal utilities 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 the premises.

(Ord. 2313 § 5, 2003; prior code § 27.1-9)

The notice given pursuant to Section 14.04.080.D shall particularly specify that work is required to be done, and shall state that if the work is not completed within thirty days after receipt of the notice, the director of municipal utilities will provide the underground facilities, in which case all costs and expenses thereof will be assessed against the property benefitted and become a lien upon the property. There will be no reimbursement for the work described in Section 14.04.080.B if the work is not completed by the property owner as requested and the city is forced to perform the work.

(Ord. 2313 § 6, 2003; prior code § 27.1-10)

If, upon the expiration of the thirty-day period specified in Section 14.04.100, the required underground facilities have not been provided, the director of municipal utilities shall forthwith proceed to do the work; provided, however, if the premises are unoccupied and no electric or communication services are being furnished thereto, the director of municipal utilities may, in lieu of providing the required underground facilities, order the disconnection of all existing connections used for furnishing electric and communication services to the premises. Upon completion of the work by the director of municipal utilities, the director 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 the legal description of the property against which the cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of the work upon the premises, which time shall be not less than ten days thereafter.

(Ord. 2313 § 7, 2003; prior code § 27.1-11)

The director of municipal utilities shall forthwith, upon the time for hearing the protests having been fixed, give a notice in writing to the person in possession of the premises and notice in writing to the owner thereof, in the manner provided for in this chapter for the giving of notices to provide the required underground facilities, of the time and place that the council will pass upon the report of the director of municipal utilities and will hear protests against the assessment. The notice shall also set forth the amount of the assessment.

(Ord. 2313 § 8, 2003; prior code § 27.1-12)

Upon the date and hour set for the hearing of protests, the council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify or reject the assessment.

(Prior code § 27.1-13)

A. As authorized by Government Code Section 38793, if any assessment is not paid and received within five business 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 municipal utilities, and the director of municipal utilities shall turn over to the county assessor-recorder and county tax collector, acting for the city, a notice of lien upon each of the properties on which the assessment has not been paid.

B. The county assessor and county tax collector shall add the amount of the assessment to the next regular bill for municipal ad valorem property taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time as municipal ad valorem property taxes are due and payable, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of municipal ad valorem taxes shall be applicable to such assessment.

(Ord. 2313 § 9, 2003; prior code § 27.1-14)

In the event that any act required by this chapter or by an ordinance enacted pursuant to Section 14.04.020 cannot be performed in the time provided 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 shall be accomplished shall be extended for a period equivalent to the time of the limitation.

(Prior code § 27.1-15)