Chapter 15.24

UNDERGROUND UTILITY DISTRICTS CREATED AFTER MAY 24, 1968*

Parts:

• 1 General Provisions

• 2 Creation of Districts

• 3 Exceptions

Part 1

GENERAL PROVISIONS

Sections:

• 15.24.010 Procedures applicable to districts established on or after May 24, 1968.

• 15.24.020 Definitions.

• 15.24.030 Noncompliance unlawful - Penalty for violations.

All underground utility districts established on or after May 24, 1968, shall be established pursuant to the procedures contained in this Chapter 15.24, except for such districts established under any special assessment procedures contained in the statutes of the state, which districts shall be established pursuant to the provisions of such statutes. Nothing herein shall be deemed to supersede or control the provisions of Section 19.32.060 of the San José Municipal Code which requires the instal-

*State law reference— For statutory provisions on conversion of utilities' facilities to underground locations, see Str. And Hwys. Code § 5896.1 et seq. and Gov. Code § 38793.

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§ 15.24.030

lation of underground utility facilities in subdivisions, as defined in Section 19.08.440 of the San José Municipal Code, without the creation of an underground utility district. (Prior code § 8902.)

For the purposes of this Chapter 15.24, certain words are defined as herein set forth, unless it is apparent from their context that a different meaning is intended.

• A. "Commission" means the Public Utilities Commission of the state of California.

• B. "Person" means the includes any person, firm, partnership, association, corporation, organization or business trust and their agents and employees.

• C. "Pole" means and includes any pole, tower, support, guy-stub, crossarm, brace, insulator, attachment, platform, or any other structure, device or apparatus used for the support of wires.

• D. "Property" means any parcel of real property, including buildings and/or other structures thereon.

• E. "Wire" means and includes any wire, switch, communication circuit, appliance or any other device or apparatus by, through, over or by means of which electricity has been or may be transmitted, conducted, conveyed, distributed or supplied for the purpose of providing light, heat, power, telephone, television, communication and telegraph or other similar or associated service.

• F. "Utility" means all public utilities supplying electric, communication, or similar or associated service.

(Prior code §§ 8902.1, 8902a - 8902.1f.)

It shall be unlawful for any person or utility to violate any provision or to fail to comply with any of the requirements of this chapter. Any person or

utility violating any provisions of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person or utility shall be deemed guilty of a separate offense for each day during any portion of which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person or utility, and shall be punishable therefor as provided for in this chapter. (Prior code § 8902.22)

Part 2

CREATION OF DISTRICTS

Sections:

• 15.24.050 City council authority - Hearing on creation of districts - Notice requirements.

• 15.24.060 Creation - Criteria and procedures.

• 15.24.070 Poles and wires - Maintenance or use prohibited when.

• 15.24.080 Poles and wires - Construction or extension prohibited when.

• 15.24.090 Poles and wires - Property owner removal responsibility.

• 15.24.100 Construction of new facilities by property owner.

• 15.24.110 Utility responsibility to remove or construct facilities.

• 15.24.120 City-owned equipment - Removal responsibility.

• 15.24.130 Disconnection of service - At request of owner or occupant.

• 15.24.140 Disconnection of service - Notification of utility required when.

• 15.24.150 Creation - Notice to utilities.

• 15.24.160 Creation - Notice to property owners.

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§ 15.24.050

• A. The city council may, from time to time, consult with the affected utilities and call public hearings to ascertain whether the public necessity, health, safety or welfare require and it is in the general public interest for one or more of the reasons contained in Section 15.24.060 that existing poles and overhead wires within designated areas of the city be removed therefrom and thereafter prohibited, and that wires and associated facilities for transmitting, conducting, conveying, distributing or supplying electricity to provide light, heat, power, telephone, telegraph, communication, television or other similar or associated service be installed underground.

• B. Written notice of the time and place of any such hearing shall be given at least ten days prior to the date of the hearing, to all persons who own any property within the proposed underground utility district as shown on the last equalized assessment roll and all utilities who own, control or possess poles or overhead wires within the proposed underground utility district. Each such notice shall be given by the director of public works by depositing the same in the United States mail, postage prepaid, in an envelope addressed to the owner at his address as shown on the last equalized assessment roll or if no address is shown, addressed to the owner at the address of the property. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given a reasonable opportunity to be heard.

(Prior code § 8902.2.)

If, after any such public hearing, the city council finds and determines that the public necessity, health, safety, or welfare require and it is in general public interest for one or more of the following reasons that existing poles and overhead wires within a designated area of the city be removed therefrom and be thereafter prohibited and that wires and associated facilities for transmitting, conducting, conveying, distributing or supplying electricity for the purpose of providing light, heat, power, telephone, telegraph, communication, television or other similar or associated service be installed underground, namely:

• A. Such removal and replacement underground will eliminate, and such prohibition will avoid, an unusually heavy concentration of poles and overhead wires within said area;

• B. The public streets or rights-of-way within said area are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic; and

• C. The public streets or rights-of-way within said area adjoin or pass through a civic area or public recreation area or an area of unusual scenic interest to the general public; the city council shall, by ordinance, declare such designated area an underground utility district and order and require such removal, prohibition and underground installation therein. Such ordinance shall contain a description of the area so designated, shall fix the time within which such removal shall be completed and within which underground installation shall be completed, and within which persons owning any property within the district as shown on the last equalized assessment roll must be ready to receive light, heat, power, telephone, telegraph, communication, television or other similar or associated service by means of underground wires and facilities. A reasonable time shall be allowed for such

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§ 15.24.120

removal and underground installation, having due regard for the availability of labor, materials, and equipment necessary for such removal, and for the underground installation of wires or facilities as may be occasioned thereby. (Prior code § 8902.3.)

It shall be unlawful, after the effective date of an ordinance establishing an underground district, for any person or utility to keep, maintain, continue, use, operate, or employ within such district any poles or overhead wires after the time specified for removal of poles and overhead wires in such district, or to authorize or permit such action. (Prior code § 8902.4.)

It shall be unlawful, after the effective date of an ordinance establishing an underground district, for any person or utility to erect, install, extend or construct any poles or overhead wires within such district, or to authorize or permit such action. (Prior code § 8902.5.)

Each person who owns or occupies any property in such district wherein are situate any poles or overhead wires shall remove all existing overhead wires and poles in such property, except those possessed, controlled or owned by any utility, within the time provided for in the ordinance creating the said district.

(Prior code § 8902.6.)

Each person who owns or occupies any property in such district wherein are situate any poles or overhead wires shall provide, construct and install all electrical, communication and other facility

changes, and all other facilities or changes on his property necessary to receive service from the underground wires and facilities required to be provided by the supplying utility or utilities as soon as 2893 such service is available, and shall provide, construct and install that portion of the service connection on his property between the wires and facilities required to be furnished by the affected utility and the termination facility on or within the property being served within the time provided for in the ordinance creating the said district, all in accordance with applicable rules, regulations and tariffs of the supplying utility or utilities on file with the commission.

(Prior code § 8902.7.)

Each utility who owns, possesses or controls any existing poles or overhead wires in such district shall remove such poles and overhead wires from the district on or before the time specified in the ordinance creating such district. In the event underground construction is needed to provide service to the properties within the district, each utility which supplies electric, communication or similar or associated service by wires and poles to the properties within the district shall furnish and install that portion of the underground wires and associated equipment and facilities to provide such service to such properties required to be furnished by it under its applicable rules, regulations, and tariffs on file with the commission within the time provided for in the ordinance creating the said district. (Prior code § 8902.9.)

The city shall remove, at its own expense, all city-owned equipment from all poles required to be removed by this chapter in sufficient time in order to enable the person or utility required to remove such poles to accomplish such removal within the

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§ 15.24.120

time specified in the ordinance creating the underground utility district within which such poles are located.

depositing the same in the United States mail, postage prepaid, in an envelope addressed to the utility. (Prior code § 8902.12.)

(Prior code § 8902.10.)

In the event that any person owning or occupying any property in such district wherein are situate any poles and overhead wires should fail to remove such poles and wires does not wish to comply with the provisions of Section 15.24.100, he shall forthwith request and permit the affected utility to disconnect electrical and communication service to his property. The affected utility shall thereupon disconnect such service. (Prior code § 8902.8.)

In the event that the owner or occupant of any property in an underground district where are situate any poles and overhead wires should fail to remove such poles and wires pursuant to Section 15.24.090, and/or should fail to comply with Section 15.24.100, the director of public works shall notify the affected utilities of such noncompliance, in which event the affected utilities shall have the right to, and shall thereupon disconnect electrical and communication service to such property. (Prior code § 8902.11.)

After the effective date of an ordinance adopted by the city council designating any area in the city as an underground utility district, the director of public works shall give, on behalf of the city, to all affected utilities owning, possessing or controlling any poles or overhead wires in the district, written notice of the creation of the underground utility district and of their responsibilities and obligations under this chapter. Such notice shall be given within twenty days after the effective date of said ordinance. Each said notice shall be given by

After the effective date of an ordinance adopted by the city council designating any area in the city as an underground utility district, the director of public works shall give, on behalf of the city, to each person who owns or occupies any property in such district wherein are situate any poles or overhead wires, written notice of the creation of such district and of his obligations and responsibilities under Sections 15.24.090 and 15.24.100. Said notice shall also indicate that, unless each such person timely discharges such responsibilities and obligations, his service will be disconnected and that the property owned or occupied by such person may be assessed for certain costs pursuant to Section 15.24.170. Each said notice shall be given within twenty days after the effective date of said ordinance by depositing the same in the United States mail, postage prepaid, in an envelope addressed to "occupant (Supply address of property)," to the address of such property, and by depositing additional notices to each owner of such property to his last known address as the same appears on the last equalized assessment roll of the county, or as known to the director of public works, or if none appears on said roll and is unknown to the director of public works, to the address of the property. (Prior code § 8902.13.)

• A. In the event that any person who owns or occupies any property within the district does not comply with the provisions of Section 15.24.090 and/or 15.24.100 within the time provided for in the ordinance creating the district, the city council may, in the event it wishes, order the director of public works to give an additional notice to each such person guilty of such noncompliance.

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§ 15.24.180

• B. Such notice may be given either by personal service or by mail. Service by mail shall be effected by depositing same in a sealed envelope, postage prepaid, addressed to "occupant of (supply address of property)," to the address of such property and by depositing additional notice to each owner of such property to his last known address as the same appears on the last equalized assessment roll of the county or as known to the director of public works, or if none appears on such roll and is unknown to the director of public works, to the address of the property. Service by mail in the manner herein provided shall be effected on the date of mailing.

• C. Such notice shall adequately describe what work must be done and what facilities and equipment must be provided and installed for such person to comply with Sections 15.24.090 and 15.24. 100, and shall state that if such work is not done and such facilities and equipment not provided and installed within a specified period of time, not to be less than ten days after the mailing of such notice, the city will perform such work and provide and install such facilities and equipment, in which event the cost and expense thereof will be assessed against the property on which such work is performed and for which such facilities and equipment are provided that installed, and become a lien upon such property.

• D. Upon completion of such work and providing and installing of such facilities and equipment, the director of public works shall file a written report with the city council setting forth the fact that such work has been completed and such facilities and equipment provided and installed and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council, upon receipt of such report, shall fix a time and place for hearing protests against the assessment of the cost of performing such work and the providing and installing of such

facilities and equipment, which said time shall not be less than ten days after the setting of such hearing.

• E. The director of public works shall forthwith, after the time for hearing such protests has been fixed, give a notice in writing to the occupant of such property and to the owner thereof in the manner hereinabove provided for the giving of notice to perform such work and provide and install said equipment and facilities, of the time and place that the council will consider the report and will hear protests against such assessment. Such notice shall be given at least ten days before the day set for the hearing of protests. 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 city council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.

• G. If any assessment is not paid within five days after its confirmation by the city council, the amount of the assessment shall become a lien upon the property against which the assessment is made, and the director of public works shall turn over to the county assessor and tax collector a notice of lien on each of the properties on which the assessment has not been paid. Said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the property upon which said assessment was not paid. Said assessment shall be due and payable at the same time as property taxes are due and payable and shall bear interest at the rate of six percent per year if not paid when due and payable.

(Prior code § 8902.14.)

In the event that any act required by this chapter or by any ordinance creating an underground utility district pursuant to this chapter cannot be performed within the time provided on account of

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§ 15.24.180

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 must be accomplished shall be extended for a period equivalent to the time of such limitation. (Prior code § 8902.21.)

Part 3

Surface mounted transformers and switches, pedestal mounted terminal boxes, meter cabinets and concealed ducts may be situated aboveground if they are used for the purpose of providing service within the underground utility district and are used in connection with the underground wires and associated underground facilities within said district. (Prior code § 8902.19.)

EXCEPTIONS

Sections:

• 15.24.210 Poles for street lighting, trolley wires, and other governmental functions.

• 15.24.220 Transformers and other equipment.

• 15.24.230 Facilities transmitting electric energy in excess of thirty-four thousand five hundred volts.

• 15.24.240 Radio and television antennae.

In any ordinance designating and declaring an underground utility district, the city council may, whenever it finds and determines that the public convenience and necessity so require, provide that certain existing poles and/or overhead wires within such underground utility district shall be exempt from the provisions of this chapter. (Prior code § 8902.20.)

Poles used for street lights, public transit trolley wires, fire alarm boxes, traffic signals, remote control signal antenna, or other similar governmental equipment and the wires within or on said poles shall be exempt from the provisions of this chapter. (Prior code § 8902.15; Ord. 22566.)

Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages of thirty-four thousand five hundred volts or more shall be exempt from the provisions of this chapter. (Prior code § 8902.16.)

Community television and radio antennae, any other television and radio antennae and supports, guys, lead-in wires, insulators and other associated structural supports for such antennae shall be exempt from the provisions of this chapter. (Prior code § 8902.17.)

• A. Notwithstanding any of the provisions of this chapter, existing poles and overhead wires may be installed and maintained for a period not to exceed ten days, without approval of the city council, to provide emergency service.

• B. Notwithstanding any of the provisions of this chapter, in cases of emergency or where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this chapter, the city council may in any ordinance designating and creating an underground utility district, permit exceptions or variances to the provisions of this chapter under conditions as it deems proper.

• (Prior code § 8902.18.)

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§ 15.26.040