Chapter 1 — REMOVAL OF OVERHEAD AND UNDERGROUNDING UTILITIES

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

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

(b) "County Engineer" shall mean the Director of Transportation of the County of San Diego.

(c) "Underground Utility District" or "District" shall mean an area in the unincorporated territory of the County within which poles, overhead wires, and associated overhead structures are prohibited, which area is established pursuant to and hereafter described in this division.

(d) "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 are useful in supplying electric, communication or similar or associated service.

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

(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79)

Cross reference(s)-- Definitions, § 12.101 et seq.

The Board of Supervisors may from time to time call public hearings to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated unincorporated areas of the County of San Diego and the underground installation of wires and facilities for supplying electric, communication, or similar associated service. Prior to establishing an area as an Underground Utility District the Board of Supervisors shall adopt a resolution of intention to establish such district and hold a public hearing thereon. The Clerk of the Board of Supervisors shall notify all owners of property within the proposed district as such are shown on the last equalized assessment roll and all utilities concerned by mail of the time and place of the hearing on such resolution at least 10 days prior to the date thereof. Such hearing shall be open to the public and may be continued from time to time. At such hearing all persons interested shall be given an opportunity to be heard. The decision of the Board of Supervisors shall be final and conclusive.

If, after such public hearing on the resolution of intention the Board of Supervisors finds that the public health, safety or welfare requires such removal and such underground installation within a designated area, said Board shall, by ordinance amending this Code, declare such designated area an Underground Utility District and order such removal and underground installation. Such ordinance shall include a description of the area comprising such district and shall provide that the Board of Supervisors shall subsequently fix by resolution 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. Notification of the passage of such resolution fixing time shall be given pursuant to Section 89.107(A), (B) of this division. 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. (Amended by Ord. No. 3642 (N.S.), effective 2-18-71)

Whenever the Board of Supervisors establishes an Underground Utility District and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 89.103 hereof, 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 ordinance and the resolution of the Board of Supervisors fixing said removal date, 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 89.109 and for such reasonable time as may be required to remove said facilities after said work has been performed, and except as otherwise provided in this division. (Amended by Ord. No. 3642 (N.S.), effective 2-18-71)

Notwithstanding the provisions of this division, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the County Engineer in order to provide emergency service. The County Engineer 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.

This division and any ordinance adopted pursuant to Section 89.103 hereof shall, unless otherwise provided in such ordinance, not apply to the following types of facilities:

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

(b) Poles or electroliers used exclusively for street lighting.

(c) Overhead wires (exclusive of supporting structures) crossing any portion of an Underground Utility District within which overhead wires have been prohibited, or connecting to buildings on the perimeter of such 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 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 or person for furnishing or receiving 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.

SEC. 89.106(i). [NEW OR EXISTING POLE-TO-ANCHOR GUY WIRES.]

New or existing pole-to-anchor guy wires within the District necessary to support overhead facilities outside the boundary of the District or poles within the District which have been specifically excepted in the ordinance creating the District.

(Added by Ord. No. 3642 (N.S.), effective 2-18-71)

Within 10 days after the effective date of an ordinance establishing an underground utility district adopted pursuant to Section 89.103 hereof, the Clerk of the Board of Supervisors shall give notice of the adoption of such ordinance to all affected utilities and all persons owning real property within the Underground Utility District established by said ordinance.

Notification by the Clerk of the Board of Supervisors shall be made by mailing to all owners of property within the District as such are shown on the last equalized assessment roll and to the affected utilities a copy of the ordinance adopted pursuant to Section 89.103.

(Amended by Ord. No. 3642 (N.S.), effective 2-18-71)

SEC. 89.107(A). [FACILITY CHANGES.]

Within ten days of adoption the Clerk of the Board of Supervisors shall notify all affected property owners of the adoption of a resolution by the Board of Supervisors setting the date for undergrounding of said utilities and of the necessity that if they or any person occupying such property desire to continue to receive electric connections 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. (Added by Ord. No. 3642 (N.S.), effective 2-18-71)

SEC. 89.107(B). [DATE FOR COMPLETION.]

Within ten days of adoption the Clerk of the Board of Supervisors shall notify all affected utilities of the adoption of a resolution of the Board of Supervisors setting the date by which the utilities must furnish the necessary underground service facilities and remove their overhead service facilities.

(Added by Ord. No. 3642 (N.S.), effective 2-18-71)

If underground construction is necessary to provide utility service within a District created by ordinance adopted pursuant to Section 89.103, 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.

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

If the requirements of Section 89.109 are not met by any person within the time prescribed in the resolution establishing the date by which such on premises undergrounding must be accomplished the County Engineer may proceed in accordance with one or more of the following sections. (Amended by Ord. No. 3642 (N.S.), effective 2-18-71)

The County Engineer shall conspicuously post on the property being served a written notice to comply with the requirements of Section 89.109. Such notice shall state that if the service connection required by Section 89.109 is not completed within 30 days after the posting of such notice the County Engineer may order the disconnection and removal of any and all overhead service wires and associated service facilities supplying utility service to the property. If such service connection is not completed within said 30-day period, the County Engineer shall have the authority to order the disconnection and removal of any and all overhead service wires and associated service facilities supplying utility service to said property.

(a) Notice to Construct. The County Engineer shall give written notice to the person in possession of the premises and to the owner thereof as shown on the last equalized assessment roll, to comply with the requirements of Section 89.109 within 30 days after service of such notice. The notice shall particularly specify what work is required to be done and shall state that if such work is not completed within 30 days after service of such notice, the County Engineer will cause such work to be done, in which case the cost and expense thereof will be assessed against the property and become a lien upon such property. Such written notice may be given either by personal service or by mail.

(b) Service by Mail. In case of service by mail on the person in possession, the notice shall 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. In case of service mail on the owner, the notice shall be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the owner of the premises as such owner and address are shown on the last equalized assessment roll. When no address appears on said roll it shall be addressed to the owner, General Delivery at the United States Post Office nearest the property. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it was addressed within 48 hours after the mailing thereof.

(c) Posting. If notice is given by mail to either the owner or person in possession of the premises, the County Engineer shall within 48 hours after the mailing thereof, cause a copy thereof to be conspicuously posted on the premises.

(d) Engineer Performs Work. If upon the expiration of the 30-day period, the said work has not been done, the County Engineer 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 County Engineer 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 utilities service to said property.

(e) Report and Assessment. Upon completion of the work by the County Engineer, he 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 a legal description of the property for which such required underground facilities were provided and against which such cost is to be assessed. The Board of Supervisors 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 not be less than 15 days thereafter.

provided and the cost thereof, together with a legal description of the property for which such required underground facilities were provided and against which such cost is to be assessed. The Board of Supervisors 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 not be less than 15 days thereafter.

(f) Notice of Hearing on Assessment. The County Engineer shall 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 hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Board of Supervisors will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. Such notices shall be personally served or mailed and posted not less than 15 days prior to the date of hearing.

(g) Confirmation of Assessment. Upon the date and hour set for the hearing of protests, the Board of Supervisors shall hear and consider the report and all protests, if there be any. After completing the hearing, the Board of Supervisor shall confirm, modify or reject the assessment.

(h) Assessment Becomes Lien - Collection. If any assessment is not paid within 10 days after its confirmation by the Board of Supervisors, the amount of the assessment shall become a lien upon the property and the County Engineer shall deliver to the County Tax Collector a notice that the assessment has not been paid. The County Tax Collector shall enforce such liens and collect such assessments. Each assessment shall be due and payable at the time said assessment is confirmed by the Board of Supervisors and if not paid within 10 days after its confirmation shall bear interest at the rate of six percent (6%) per annum from the date of its confirmation.

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 user of such poles to remove the same within the time specified in the ordinance establishing the District.

In the event that any act required by this division or by ordinance adopted pursuant to Section 89.103 hereof and the resolution setting the time for performance, cannot be performed within the time provided by said resolution 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, upon written request by the person required to perform the act, be extended by the Board of Supervisors or County Engineer for a period equivalent to the time of such limitation. (Amended by Ord. No. 3642 (N.S.), effective 2-18-71)