Article II — ESTABLISHMENT OF UNDERGROUND DISTRICTS

The Board of Supervisors of the county 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 county and the underground installation of wires and facilities for supplying electric, communication, television or similar associated service. The County Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail of the time and place of the hearings at least ten calendar days prior to the date hereon and shall provide the owners with a summary description of the proposed underground utility district. (1966 Code, § 17B-2) (Ord. 519, § 200)

If, after any such public hearing, the Board of Supervisors finds that the public necessity, health, safety or welfare requires removal and the underground installation within a designated area, the Board of Supervisors shall, by resolution, declare the designated area an underground utility district and order the removal and underground installation. The resolution shall include a description of the area comprising the district and shall fix the time within which the removal and underground installation shall be accomplished and within which affected property owners must be ready to receive underground service. The Board of Supervisors shall allow a reasonable time for the removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for the removal and for the installation of the underground

facilities as may be occasioned thereby. (1966 Code, § 17B-3) (Ord. 519, § 205)

Whenever the Board of Supervisors creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in this chapter, 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 the resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by the owner or occupant of the underground work necessary for the owner or occupant to continue to receive utility service as provided in § 15.03.027 and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter. (1966 Code, § 17B-4) (Ord. 519, § 210)

The Director of Planning may grant special permission, on such terms as the Director may deem appropriate in cases of emergency or unusual circumstances, to erect, construct, install, maintain, use or operate, poles and overhead wires, and associated overhead structures, not withstanding any other provisions of this chapter. The Director of Planning may establish administrative regulations specifying the emergency or unusual circumstances. (1966 Code, § 17B-5) (Ord. 519, § 215)

This chapter and any resolution adopted pursuant to § 15.03.021 shall, unless otherwise provided in the resolution, not apply to the following types of facilities: (A) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Director of Planning; (B) Poles or electroliers used exclusively for street lighting, fire alarm boxes or emergency service; (C) Overhead wires (exclusive of supporting structures) crossing and portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when the 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 electric energy at nominal voltages in excess of 34,000 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 appurtenance 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. (1966 Code, § 17B-6) (Ord. 519, § 220)

(A) Within ten days after the effective date of a resolution adopted pursuant to § 15.03.021, the County Clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The County Clerk shall further notify the affected property owners of the necessity, that, if they or any other person occupying the property desire to continue to receive electric, communication, television or similar or associated service, they or the occupant shall provide all necessary facility changes on their premises so as to receive the service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, resolutions and tariffs of the respective utility or utilities on file with the Commission. (B) Notification by the County Clerk shall be made by mailing a copy of the resolution adopted pursuant to § 15.03.021, together with a copy of the ordinance codified in this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (1966 Code, § 17B-7) (Ord. 519, § 225) § 15 03 026 RESPONSIBILITY OF UTILITY COMPANIES

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to § 15.03.021 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. (1966 Code, § 17B-8) (Ord. 519, § 230)

(A) Every person owning a building or structure, and every applicant for a zoning approval or other entitlement as specified in this section, the applicant, whether 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 or her property between the facilities referred to in § 15.03.026 and the termination facility on or within the 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 described in division (A) of this section does not comply with the provisions of division (A) within the time provided for in the resolution enacted pursuant to § 15.03.021, the Director of Planning shall post written notice on the property being served and 30 calendar days thereafter shall have the authority to request the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property. (C) In the alternative, if the above described work is not accomplished by any person described in division (A) of this section within the time provided for in the resolution enacted pursuant to § 15.03.021 of this chapter, the Director of Planning shall give notice in writing to the person in possession of the 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 calendar days after receipt of the notice. (1) 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 the premises at the premises, and the notice must be addressed to the owner thereof as the owner’s name appears, and must be addressed to the owner’s last known address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Hollister. If notice is given by mail, the notice shall be deemed to have been received by the person to whom it has been sent within 48 hours after the mailing thereof. The Director of Planning shall also cause a copy thereof, printed on a card not less than eight inches to ten inches in size, to be posted in a conspicuous place on the premises. (2) The notice given by the Director of Planning to provide the required underground facilities shall particularly specify that work is required to be done and that the work shall be accomplished in conformance with relevant county requirements, and shall state that if the work is not completed within 30 calendar days after receipt of the notice, the Director of Planning will provide the required underground facilities, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon the property. (3) If upon the expiration of the 30-day period, the required underground facilities have not been provided, the Director of Planning shall forthwith proceed to have the work done, provided, however, if the premises are unoccupied and no electric or communications services are being furnished thereto, the Director of Planning 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 Director of Planning, shall file a written report with the Board of Supervisors setting forth the fact that the required underground facilities have been provided and the cost thereof, together with an assessor’s parcel number of the property against which the cost is to be assessed. The Board shall thereupon fix a time and place for hearing protests against the assessment of the cost of work upon the premises, which the public hearing time shall not be less than ten calendar days thereafter. (4) The Director of Planning 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 a notice in writing thereof to the owner thereof, in the manner herein above provided for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon the report and will hear protests against the assessment. The notice shall also set forth the amount of the proposed assessment. (5) Upon the date and hour set for the hearing of protests, the Board shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment. (6) If any assessment is not paid within five calendar 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 Director of Planning, and the Director of Planning is directed to turn over to the Auditor and Tax Collector a notice of lien on each of the properties on which the assessment has been paid, and the Auditor and 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 maximum rate permitted by law. (1966 Code, § 17B-9) (Ord. 519, § 235)