Shasta Lake Municipal Code Ch. 13.32 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:

"City" means the city of Shasta Lake.

"Council" means the city council of the city of Shasta Lake.

"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, cross arms, 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 that area in the city within which poles, overhead wires and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions in Section 13.32.030.

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

(Ord. 02-143 § 1 (part))

A. The city council 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 city and the underground installation of wires and facilities for supplying electric, communications, or similar or associated services. The city 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 council 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 tariff;

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 city council shall be final and conclusive.

(Ord. 02-143 § 1 (part))

If, after any such public hearing the city council find that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the council 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.

(Ord. 02-143 § 1 (part))

Whenever the city council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provisioned in Section 13.32.030, 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, expect 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 13.32.090 and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in Section 13.32.090 and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.

(Ord. 02-143 § 1 (part))

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 city director of public services may grant special permission, on such terms as he or she 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.

(Ord. 02-143 § 1 (part))

This chapter and any resolution adopted pursuant to Section 13.32.030 shall not apply to the following:

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

B. Poles, or electrifiers 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 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 (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 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.

(Ord. 02-143 § 1 (part))

A. Within ten days after the effective date of a resolution adopted pursuant to Section 13.32.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The city 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 city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 13.32.030 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.

(Ord. 02-143 § 1 (part))

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 13.32.030, 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.

(Ord. 02-143 § 1 (part))

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 or her property between the facilities referred to in Section 13.32.080 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.

(Ord. 02-143 § 1 (part))

The city shall remove at its own expense all city-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 13.32.030.

(Ord. 02-143 § 1 (part))

In the event the person owning, operating, leasing or renting property does not comply with the provisions of Section 13.32.090 within the time provided for in the ordinance enacted pursuant to this chapter, the city public services director shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof, to provide the required underground facilities within ten days after receipt of such notice. Notice pursuant to this section may be given either by personal service or by mail. In case of service by mail, 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. The notice shall be addressed to the owner thereof as such owner's name appears, and shall be addressed to such owner's last known address as the same appears on the last equalized assessment roll of the county, when no address appears, to general delivery, city of Shasta Lake.

If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the city public services director shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises. The notice given pursuant to this section shall particularly specify what work is required to be done, and shall state that if the work is not completed within ten days after receipt of such notice, the city public services director shall provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

(Ord. 02-143 § 1 (part))

The city public services director shall upon the time for hearing protests against the assessment of costs having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof, in the manner provided for the giving of the notice to provide the required underground facilities, of the time and place that the city council will pass upon the report of the city public services director and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

(Ord. 02-143 § 1 (part))

Upon the date and hour set for the hearing of protests, as to assessment of costs, 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. 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 by the city public services director, and the city public services director is directed to 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, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time as property taxes are due and payable, and if not paid when due and payable shall bear interest at the rate of six percent per annum.

(Ord. 02-143 § 1 (part))

Until such time as an order is issued pursuant to this chapter, the supplying utility shall not be in violation of this chapter or the ordinance enacted pursuant to this chapter in continuing to maintain overhead facilities necessary to serve such person during the period of such noncompliance and such reasonable time thereafter as may be necessary to remove the same.

(Ord. 02-143 § 1 (part))

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 13.32.030 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.

(Ord. 02-143 § 1 (part))