Chapter 15.24 — UNDERGROUND UTILITY DISTRICTS CREATED AFTER MAY 24, 1968

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.

Part 1 - GENERAL PROVISIONS

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 installation 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)