Chapter 7 — REMOVAL OF OVERHEAD UTILITY FACILITIES AND UNDERGROUND INSTALLATIONS

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)

"Commission" shall mean the Public Utilities Commission of the State.

(b)

"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 10-7.03 of this chapter.

(c)

"Person" shall mean and include individuals, firms, corporations, partnerships, and their agents and employees.

(d)

"Poles, overhead wires, and associated overhead structures" shall 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 services.

(e)

"Utility" shall mean and include all persons or entities supplying electric, communication, or similar or associated services by means of electrical materials or devices.

(§ I, Ord. 602, eff. August 9, 1973)

The Planning Commission 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 services. The Planning Director shall notify by mail all affected property owners, as shown on the last equalized assessment roll, and utilities concerned of the time and place of such hearings at least ten (10) days prior to the date thereof. 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. Within not to exceed thirty (30) days following such hearing, the Planning Commission shall, by resolution, recite in full such findings upon which it bases its approval or disapproval of the creation of said District.

(§ I, Ord. 602, eff. August 9, 1973)

Any action of the Planning Commission may be appealed in writing to the Board within ten (10) days after the action of the Planning Commission. The Board may approve or disapprove the recommendation of the Planning Commission, or refer it back to the Planning Commission for further consideration, the result of which shall be submitted to the Board within ten (10) days after the next regular meeting of the Planning Commission.

(§ I, Ord. 602, eff. August 9, 1973, as amended by § I, Ord. 606, eff. October 25, 1973)

If, after consideration, the Planning Commission finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the Planning Commission 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 shall 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 the labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

(§ I, Ord. 602, eff. August 9, 1973, as amended by § I, Ord. 606, eff. October 25, 1973)

Whenever the Planning Commission creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein, as set forth in Section 10-7.03 of this chapter, it shall be 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 such overhead facilities are required by resolution to be removed, except as such overhead facilities

may be required to furnish services to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility services, as set forth in Section 10-7.09 of this chapter, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter.

(§ I, Ord. 602, eff. August 9, 1973)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten (10) days, without the authority of the Planning Commission in order to provide emergency services. The Planning Director may grant special permission, on such terms as the Planning Director 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.

(§ I, Ord. 602, eff. August 9, 1973)

The provisions of this chapter and any resolution adopted pursuant to the provisions of Section 10-7.03 of this chapter shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

(a)

Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Planning Department;

(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 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; and

(h)

Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects.

(§ I, Ord. 602, eff. August 9, 1973)

(a)

Within ten (10) days after the effective date of a resolution adopted pursuant to the provisions of Section 10-7.03 of this chapter, the Planning Department shall notify all affected utilities and all persons owning real property within the District created of the adoption of the resolution. The Planning Department 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 services, they, or such occupant, shall provide all the necessary facility changes on their premises so as to receive such services from the lines of the supplying utilities at a new location, subject to the applicable rules, regulations, and tariffs of the respective utilities on file with the Commission.

Such notification by the Planning Director shall be made by mailing a copy of the resolution adopted pursuant to the provisions of Section 10-7.03 of this chapter, together with a copy of the provisions of this chapter, to affected property owners as they are shown on the last equalized assessment roll and the affected utilities.

(b)

A second notice shall also be mailed to property owners affected by the resolution adopted pursuant to the provisions of Section 10-7.03 of this chapter within two (2) to four (4) months prior to the date established in such resolution by which affected property owners shall be ready to receive underground service. Such notice shall make reference to the provisions of this chapter, the resolution, the date fixed, and the minimum requirements of work to be performed on the property served. The affected utilities shall jointly provide the County with a statement showing such minimum requirements.

(§ I, Ord. 602, eff. August 9, 1973)

If underground construction is necessary to provide utility services within a District created by any resolution adopted pursuant to the provisions of Section 10-7.03 of this chapter, 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.

(§ I, Ord. 602, eff. August 9, 1973)

(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 10-7.08 of this chapter and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utilities on file with the Commission.

(b)

In the event any person owning, operating, leasing, occupying, or renting such property does not comply with the provisions of subsection (a) of this section within the time provided for in the resolution enacted pursuant to the provisions of Section 10-7.03 of this chapter, the Planning Director shall post a written notice on the property being served and thirty (30) days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility services to such property.

(c)

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 10-7.08 of this chapter and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations, and tariffs of the respective utilities on file with the Commission. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to the provisions of Section 10-7.03 of this chapter, the Planning Director shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten (10) days after the receipt of such notice.

(d)

The notice to provide the required underground facilities may be given either by personal service or by mail. In the case of service by mail on either of such persons, 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, and the notice shall be addressed to such 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 and, when no address appears, to General Delivery, City of _____________. 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 Planning Director shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight (8″) inches by ten (10″) inches in size, to be posted in a conspicuous place on such premises.

(e)

The notice given by the Planning Director to provide the required underground facilities shall particularly specify what work is required to be done and shall state that if such work is not completed within thirty (30) days after the receipt of such notice, the Planning Director will 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.

(f)

If, upon the expiration of the thirty (30) day period, such required underground facilities have not been provided, the Planning Director shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the Planning Director shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property. Upon the completion of the work by the Planning Director, he shall file a written report with the Planning Commission 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 such cost is to be assessed. The Planning Commission shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten (10) days thereafter.

(g)

The Planning Director shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner set forth in this section for the giving of the notice to provide the required underground facilities, of the time and place the Planning Commission will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

(h)

Upon the date and hour set for the hearing of protests, the Planning Commission shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify, or reject the assessment.

(i)

If any assessment is not paid within five (5) days after its confirmation by the Planning Commission, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Planning Director, and the Planning Director is hereby directed to turn over to the Assessor and Tax Collector a notice of lien on each of such properties on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of such assessment to the next regular bill for taxes levied against the premises upon which such assessment was not paid. Such assessment shall be due and

payable at the same time as the property taxes are due and payable and, if not paid when due and payable, shall bear interest at the rate of six (6%) percent per year.

(§ I, Ord. 602, eff. August 9, 1973)

The County shall remove at its own expense all County-owned equipment from all poles required by the provisions of 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 the provisions of Section 10-7.03 of this chapter.

(§ I, Ord. 602, eff. August 9, 1973)

In the event any act required by the provisions of this chapter or by a resolution adopted pursuant to the provisions of Section 10-7.03 of this chapter cannot be performed within the time provided on account of shortages of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, the time within which such act shall be accomplished shall be extended for a period equivalent to the time of such limitation.

(§ I, Ord. 602, eff. August 9, 1973)

It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not exceeding Five Hundred and no/100ths ($500.00) Dollars or by imprisonment in the County Jail. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued, or permitted by such person and shall be punishable therefore as provided for in this chapter.

(§ I, Ord. 602, eff. August 9, 1973)