San Luis Obispo County Municipal Code Ch. 13.50 Underground Utility Districts

Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them as follows:

"Commission" means the California Public Utilities Commission.

"Overhead facilities" means poles, overhead wires and associated overhead structures as defined in this section.

"Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees.

"Poles, overhead wires and associated overhead structures" means 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 useful in supplying electric, communication or similar or associated service.

"Underground utility district" or "district" means an area within which poles, overhead wires, and associated overhead structures are prohibited in a resolution adopted pursuant to the provisions of Section 13.50.040.

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

(Ord. 2274 § 9 (part), 1986)

(a) Purpose of Hearing. The board of supervisors may from time to time hold public hearings to ascertain whether public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas and the underground installation therein of wires and facilities for supplying electrical, communication or similar or associated service.

(b) Notice of Hearing. The county clerk shall notify all affected property owners as shown on the last equalized assessment roll, and all utilities concerned, by certified mail, return receipt requested, of the time and place of such hearings at least ten days before the hearing.

(c) Conduct of Hearing. 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 an opportunity to be heard. The decision of the board of supervisors shall be final.

(Ord. 2274 § 9 (part), 1986)

Prior to the public hearing, the county engineer shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, estimates of the total costs to affected property owners, to the utilities and to the county; and an estimate of the time required to complete such underground installation and the removal of overhead facilities.

(Ord. 2274 § 9 (part), 1986)

If the board of supervisors finds after the public hearing that public necessity, health, safety or welfare requires removal and underground installation of overhead structures as specified in Section 13.50.020 within a designated area, the board shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. The resolution shall describe the boundaries of the district and set 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. A reasonable time shall be allowed for the removal and underground installation of the facilities, having due regard for the availability of labor, materials and equipment necessary for such removal and underground installation.

(Ord. 2274 § 9 (part), 1986)

Wherever the board of supervisors creates an underground utility district and orders the removal of overhead facilities as provided by Section 13.50.040, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate overhead facilities in the district after the date when such facilities are required to be removed, except as overhead facilities may be required to furnish service to an owner or occupant of property before the performance of the underground work necessary for the owner or occupant to continue to receive utility service as provided in Section 19.80.100, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.

(Ord. 2274 § 9 (part), 1986)

Notwithstanding any other provision of this chapter, overhead facilities may be installed and maintained within an underground utilities district to provide emergency service for a maximum of thirty days, without authorization from the board of supervisors. In cases of unusual circumstances, the board may grant special permission to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures in such a district, on such terms as they may deem appropriate, without discrimination as to any person or utility.

(Ord. 2274 § 9 (part), 1986)

This chapter and any resolution adopted pursuant to Section 13.50.040 shall not apply to the following types of facilities unless otherwise provided in such resolution:

(1) Any county facilities or equipment installed under the supervision and to the satisfaction of the county engineer;

(2) Poles or electroliers used exclusively for street lighting;

(3) Overhead wires (exclusive of supporting structures) crossing any portion of an underground utility district, or connecting to buildings on the perimeter of such a district, when the wires originate from outside the underground utility district;

(4) Poles, overhead wires and associated overhead structures used for the transmission of electricity at nominal voltages in excess of thirty-four thousand five hundred volts;

(5) Overhead wires attached to the exterior 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;

(6) Antennas, associated equipment and supporting structures, used by a utility for furnishing communication services;

(7) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;

(8) Temporary poles, overhead wires and associated facilities to be used in conjunction with construction projects.

(Ord. 2274 § 9 (part), 1986)

(a) Timing and Content of Notice. Within ten days after the effective date of a resolution adopted pursuant to Section 13.50.040, the county clerk shall notify all affected utilities and owners of real property within the underground utility district of their inclusion in such district. Such notice shall include a copy of the resolution forming the district and a copy of the ordinance codified in this chapter. The affected property owners shall also be notified of the necessity that, if they or any person occupying their property desires to continue to receive electric, communication, or similar or associated service, they or each occupant shall provide all facility changes on their premises necessary 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.

(b) Method of Notice. Notification by the county clerk shall be by mailing, certified mail, return receipt requested, to all affected property owners shown on the last equalized assessment roll and to the affected utilities.

(Ord. 2274 § 9 (part), 1986)

If underground construction is necessary to provide utility service within an underground utility district, 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.

(Ord. 2274 § 9 (part), 1986)

Every person owning, operating, leasing, occupying or renting a building or structure within an underground utility district shall construct that portion of the service connection on his property between the facilities referred to in Section 13.50.090 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.

(Ord. 2274 § 9 (part), 1986)

If installation of on-site facilities pursuant to Section 13.50.100 is not completed within the time set forth in the resolution forming the district, the county engineer shall give notice in writing to both the occupant of the premises and the property owner as shown on the last equalized assessment roll to provide the required underground facilities within ten days after receipt of the notice:

(1) Service of Notice. The notice to provide the required underground facilities may be given either by personal service or by certified mail, return receipt requested. In case of service by mail on either the occupant or the property owner, the notice shall be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the occupant at the premises. The notice shall also be mailed to the property owner at the owner's last known address as it appears on the last equalized assessment roll. When no street address appears, the notice shall be addressed to "general delivery," in the city shown on the assessment roll. If notice is given by mail, it shall be deemed to have been received by the person to whom it has been sent within forty-eight hours after mailing. Within forty-eight hours after the mailing of such notice, the county engineer shall post a copy of the notice, printed on a card not less than eight by ten inches in size, in a conspicuous place on the premises.

(2) Contents of Notice. The notice required by this section shall specify what work is required to be done, and shall state that if the work is not completed within thirty days after receipt of such notice, the county engineer will cause the same to be provided, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

(Ord. 2274 § 9 (part), 1986)

If, upon the expiration of the thirty-day period, the required underground facilities have not been provided, the county engineer shall proceed to have such work accomplished; provided, however, if the 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 all overhead service wires and associated facilities supplying utility service to the property. Upon completion of the work by or on behalf of 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 against which the cost is to be assessed. The board of supervisors shall then set a time and place for hearing protests against the assessment of the cost of such work upon the premises, not less than ten days thereafter.

(Ord. 2274 § 9 (part), 1986)

(a) Notice of Protest Hearing. When a hearing for protests has been set pursuant to Section 13.50.130, the county engineer shall give notice in the manner provided by Section 13.50.110, that the board of supervisors will pass upon the report and will hear protests against such assessment. The notice shall also set forth the amount of the proposed assessment.

(b) Conduct of Hearing. At the time set for the protest hearing, the board of supervisors shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify or reject the assessment.

(Ord. 2274 § 9 (part), 1986)

If any assessment is not paid within five days after its confirmation by the board of supervisors, the amount of the assessment shall become a lien upon the property. The county engineer shall provide the county assessor and tax collector a notice of lien on each of the properties on which the assessment has not been paid. The assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against such property. The assessment shall be due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per year.

(Ord. 2274 § 9 (part), 1986)

At its own expense, the county shall remove all county-owned equipment from all poles required in this chapter to be removed in ample time to enable the owner or user of such poles to remove the poles within the time specified in the resolution enacted pursuant to Section 13.50.040.

(Ord. 2274 § 9 (part), 1986)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.50.040 cannot be performed within the time provided because of circumstances beyond the control of the person or agency having responsibility for such action, the time within which any such act is required to be performed shall be extended by the board of supervisors for a period equivalent to the time of such limitation.

(Ord. 2274 § 9 (part), 1986)