Chapter 12.24 — UNDERGROUND UTILITY INSTALLATIONS

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:

A.

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

B.

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

C.

"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 above ground within a District and used or useful in supplying electric, communication or similar or associated service.

D.

"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 of Section 12.24.030.

E.

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

(Ord. 850 N.C. § 1.00, 1968.)

The council may from time to time call public hearing 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, communication, or similar or associated service. 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 each such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.

(Ord. 850 N.C. § 2.00, 1968.)

If, after any such public hearing, the council finds 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 removal and for the installation of such underground facilities as may be occasioned thereby.

(Ord. 850 N.C. § 3.00, 1968.)

12.24.040 - Unlawful acts.

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and the associated overhead structures therein as provided in Section 12.24.030, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated 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 by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Sections 12.24.090 through 12.24.150, 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. 850 N.C. § 4.00, 1968.)

12.24.050 - Maintenance of overhead facilities—Emergency or unusual circumstances.

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the public works director in order to provide emergency service. The public works director may grant special permission, on such terms as the public works director may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, install, construct, maintain, use or operate poles, overhead wires and the associated overhead structures.

(Ord. 850 N.C. § 5.00, 1968.)

12.24.060 - Other exceptions.

A.

This chapter and any resolution adopted pursuant to Section 12.24.030 shall not apply to the following types of facilities:

1.

Any municipal facilities or equipment installed. under the supervision and to the satisfaction of the public works director;

2.

Poles or electroliers used exclusively for street lighting;

3.

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;

4.

Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;

5.

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 1 location on the same building or to an adjacent building without crossing any public street;

6.

Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;

7.

Equipment appurtenant to underground facilities, as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets and concealed ducts;

8.

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

B.

Provided, however, that the council may specifically provide by resolution adopted pursuant to Section 3 hereof that this Ordinance and said resolution shall apply to one or more of the types of facilities described in subsection A of this section.

(Ord. 850 N.C. § 6.00, 1968.)

12.24.070 - Notice to property owners and utility companies.

A.

Within ten days after the effective date of a resolution adopted pursuant to Section 12.24.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The city clearly shall further notify such affected property owners of the necessity that, if they or any n occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary changes on their premises so as 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.

Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 12.24.030, together with a copy of the ordinance codified in this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Ord. 850 N.C. § 7.00, 1968.)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.24.030, 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.

(Ord. 850 N.C. § 8.00, 1968.)

Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 12.24.080 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. If the above is not accomplished by any person within the time

provided for in the resolution enacted pursuant to Section 12.24.030, the public works 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 days after receipt of such notice.

(Ord. 850 N.C. § 9.00(a), 1968.)

The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposit 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 must be addressed to the owner thereof as such owner's name appears, and must 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 Vallejo, California. 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 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the public works director shall, within forty-eight 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.

(Ord. 850 N.C. § 9.00(b), 1968.)

The notice given by the public works director to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if the work is not completed within the days after receipt of such notice, the public works 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.

(Ord. 850 N.C. § 9.00(c), 1968.)

If upon the expiration of the thirty day period, the required underground facilities have not been provided, the public works 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 public works director shall, lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associates facilities supplying utility service to the property. Upon completion of the work done by the public works director, he shall file a written report with the city council 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 council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten days thereafter.

(Ord. 850 N.C. § 9.00(d), 1968.)

The public works 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 hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

(Ord. 850 N.C. § 9.00(e), 1968.)

12.24.140 - Assessment—Hearing of protests.

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

(Ord. 850 N.C. § 9.00(f), 1968.)

If any assessment is not paid within five days after its confirmation by the council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the public works director, and the public works director is directed to turn over to the assessor and tax collector a notice of lien on each of said properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount ; Ord. No. 1883 N.C. (2d), § 6, 11-25-2025of 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 the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per year.

(Ord. 850 N.C. § 9.00(g), 1968.)

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 12.24.030.

(Ord. 850 N.C. § 10.00, 1968.)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.24.030 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. 850 N.C. § 11.00, 1968.)

All electrical energy and communication service laterals to any new building or structure, or to any building or structure other than a single family residential building or structure, being remodeled or repaired when such remodeling or repair work requires the relocation or replacement of the main electrical energy or communication service equipment, shall be placed underground in accordance with the applicable rules and regulations of, and the tariffs on file with, the Public Utilities Commission of the state of California. With the written consent of the owner of a single family residential building or structure, all electrical energy and communication service laterals to such building or structure being remodeled or repaired when such remodeling or repair work requires the relocation or replacement of the main electrical energy or communication service equipment, shall be so placed underground. This requirement shall be stated in each building permit issued for said kinds or types of construction.

(Ord. 89 N.C.(2d) § 1, 1972.)

This requirement to underground electrical energy and communication service laterals shall be applicable only to those buildings or structures located or to be constructed within an area of the city of Vallejo being served from an overhead source from the street at the time the building permit is obtained and is not applicable to such service from rear lot easements, or public alleys or ways.

(Ord. 89 N.C.(2d) § 2, 1972.)

Where compliance with the requirement to underground electrical energy and communication service laterals is not economically or practicably feasible, the building official of the city of Vallejo may authorize different arrangements for electrical and communication service. The extension of an underground service lateral across a street or to a pole in front of adjacent property shall be considered uneconomical.

Whenever an exception is granted as provided for herein, the new service shall be of a type that will permit an economical change to underground service at a later date.

(Ord. 89 N.C.(2d) § 3, 1972.)

Chapter 12.28 - FIRE CODE ADOPTED

I. - Fire Code