Shasta County Municipal Code Ch. 13.16 Underground Utility Districts

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

"Board of supervisors" means the board of supervisors of the county.

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

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

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

"Underground utility district" or "district" shall mean that area in the county within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 13.16.030.

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

(Prior code § 3740)

A. The board of supervisors 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, or similar or 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 such hearings at least ten days prior to the date thereof. Each 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 and concerned utilities will be expected to present evidence on whether and approximately to what extent they will participate in the cost of the work. The findings of the board that certain utilities shall be placed underground shall include at least one of the following:

1. Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead distribution facilities;

2. The street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic;

3. The street or road or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public.

B. The decision of the board of supervisors shall be final and conclusive.

(Prior code § 3741)

If, after any such public hearing the board of supervisors find that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the board shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix 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. 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.

(Prior code § 3742)

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 Section 13.16.030, 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 such resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance of such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 13.16.090, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in Section 13.16.090, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.

(Prior code § 3743)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, in order to provide emergency service. In addition, the county director of public works 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 for limited periods of time.

(Prior code § 3744)

This chapter and any resolution adopted pursuant to Section 13.16.030 shall not apply to the following:

A. Any county-owned facilities or equipment installed under the supervision and to the satisfaction of the director of public works;

B. Poles, or electroliers used exclusively for street lighting;

C. Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of 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 thirty-four thousand five hundred 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 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.

(Prior code § 3745)

A. Within ten days after the effective date of a resolution adopted pursuant to Section 13.16.030, the county clerk shall notify all effected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The county clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar 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, all in accordance with the applicable rules, regulations 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 Section 13.16.030 together with a copy of this chapter to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Prior code § 3746)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.16.030, 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. Where it has been determined that utility companies shall be compensated by property owners for part or all of the cost of relocating facilities underground by special assessment district or otherwise, each utility shall be entitled to receive a comparable portion of its actual relocation cost as a condition to relocating its facilities underground.

(Prior code § 3747)

A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 13.16.080 and the termination facility on or within the 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.

B. In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to Section 13.16.030, the director of public works shall post written notice on the property being served and thirty days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.

(Prior code § 3748)

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 resolution enacted pursuant to Section 13.16.030.

(Prior code § 3749)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.16.030 cannot be performed within the time provided 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 be extended for a period equivalent to the time of such limitation.

(Prior code § 3750)