Walnut Creek Municipal Code Art. 7 Establishment of Underground Utility Districts

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

a.

City

shall mean the City of Walnut Creek.

b.

Commission

shall mean the Public Utilities Commission of the State.

c.

Council

shall mean the City Council of the City.

d.

Underground utility district

or district shall mean an area in the City within which poles and overhead wires and associated overhead structures are prohibited by resolution adopted pursuant to the provisions of Section 9-3.702 of this article.

e.

Person

shall mean and include individuals, firms, corporations, copartnerships, public agencies and their agents and employees.

f.

Poles and overhead wires and associated overhead structures

shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, cross-arms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above-ground upon, along, across or over the streets, alleys and ways of the City and used or useful in supplying electric, communication or similar or associated service.

g.

Utility

shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(§ 1, Ord. 856, eff. October 19, 1966, as amended by § 1, Ord. 1013, eff. May 21, 1970)

The Council may, from time to time, call public hearings to ascertain whether the public necessity, health or safety requires the removal of poles and overhead wires and associated overhead structures from the public streets, alleys and ways within designated areas of the City. The City Clerk shall notify all affected property owners and utilities by mail of the time and place of such hearings at least thirty (30) days prior to the date thereof. If, after any such public hearing, the Council finds that the public necessity, health or safety requires such removal, the Council shall, by resolution, declare such area an underground utility district. Such resolution shall include a description of the area comprising such district and shall fix the time within which such poles and overhead wires and associated overhead structures shall be removed and within which affected property owners shall be ready to receive underground service. The Council shall allow a reasonable time for such removal, having due regard for the availability of necessary labor, materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby.

(§ 1, Ord. 856, eff. October 19, 1966, as amended by § 2, Ord. 1013, eff. May 21, 1970)

Whenever the Council by resolution declares an area of the City an underground utility district as provided in Section 9-3.702 of this article, it shall be unlawful for any person or utility to maintain any pole, overhead wires or associated overhead structure on any public street, alley or way within the district after the date when such facilities are required to be removed.

Any person or utility who shall erect, construct, place, keep, maintain, continue, employ or operate any such pole or overhead wire or associated overhead structure on any public street, alley or way within the district, or who shall neglect to take down and remove any such pole, overhead wire or associated overhead structure within the time designated in said resolution, or who shall otherwise fail to comply with the provisions of this article, shall be guilty of an infraction. 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 his article is committed, continued or permitted by such person and shall be punishable therefor as provided for in this article.

(§ 1, Ord. 856, eff. October 19, 1966; § 3, Ord. 1013, eff. May 21, 1970; § 9, Ord. 1733, eff. 1/4/1990)

The Council may, in any resolution enacted pursuant to Section 9-3.702 of this article, grant special permission, on such terms as the Council may deem appropriate, in cases of emergency or unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles and overhead wires and associated overhead structures, notwithstanding any other provisions of this article. However, financial consideration shall not be the sole determining factor to be considered by the Council in granting permission pursuant to the provisions of this section.

(§ 1, Ord. 856, eff. October 19, 1966, as amended by § 4, Ord. 1013, eff. May 21, 1970)

The said resolution shall not apply to the following type of facilities:

a. Pedestals used exclusively for the support of fire alarm boxes, traffic signal control equipment or any similar municipal equipment installed under the supervision and to the satisfaction of the Building Official;

b. Metal or concrete poles used exclusively for street lighting and/or traffic signals;

c. Wires of a continuous very high voltage transmission system lead crossing any portion of the district; or

d. Overhead wires required to be erected on a temporary basis to give emergency service for less than a seven (7) day period, which period could be extended upon approval by the Building Official.

(§ 1, Ord. 856, eff. October 19, 1966; § 5, Ord. 1013, eff. May 21, 1970; § 20, Ord. 1143, eff. August 30, 1972; § 2, Ord. 2094, eff. 1/1/2011)

Within ten (10) days after the adoption of a resolution pursuant to Section 9-3.702 of this article, the City Clerk shall notify all affected utilities and all persons owning real property within the district described in said resolution of the adoption thereof. The City Clerk shall further notify the property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication or other 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, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission and to the requirements of State laws and City ordinances. Notification shall be made by mailing a copy of said resolution, together with a copy of the provisions of this article, to the affected utilities and to affected property owners as such are shown on the last equalized tax roll of the City.

(§ 1, Ord. 856, eff. October 19, 1966, as amended by § 6, Ord. 1013, eff. May 21, 1970)

If underground construction is necessary to provide utility service within the area affected by any resolution enacted pursuant to Section 9-3.702 of this article, 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. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules and regulations authorized by the Commission and shall be completed within the time for the removal of the overhead facilities specified in the resolution enacted pursuant to Section 9-3.702 of this article.

(§ 1, Ord. 856, eff. October 19, 1966, as amended by § 7, Ord. 1013, eff. May 21, 1970)

a. All underground construction, conduits, conductors and associated equipment necessary to receive utility service between service conductors or underground pipe or conduit of the supplying utility and the service facilities in the building or structure being served shall be provided by the person owning, operating, leasing or renting such property, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission and to the lawful requirements of State laws and City ordinances.

b. In the event the person owning, operating, leasing 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 Section 9-3.702 of this article, the Building Official 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 (10) days after receipt of such notice.

c. Noncompliance with the provisions of this section by any person owning, operating, leasing or renting such property shall constitute an infraction under Section 9-3.703 of this article. Until such time as an order is issued pursuant to subsection (b) of this section, the supplying utility shall not be in violation of this article or the resolution enacted pursuant to Section 9-3.702 of this article in continuing to maintain the 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.

(§ 1, Ord. 856, eff. October 19, 1966; § 8, Ord. 1013, eff. May 21, 1970; § 20, Ord. 1143, eff. August 30, 1972; § 10, Ord. 1733, eff. 1/4/1990; § 2, Ord. 2094, eff. 1/1/2011)

Notice pursuant to subsection (b) of Section 9-3.708 of this article 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, and 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 and when no address appears, to General Delivery, City of Walnut Creek. 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 Building Official 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.

(§ 1, Ord. 856, eff. October 19, 1966; § 20, Ord. 1143, eff. August 30, 1972; § 2, Ord. 2094, eff. 1/1/2011)

The notice given pursuant to subsection b. of Section 9-3.708 of this article shall particularly specify what work is required to be done and shall state that if such work is not completed within ten (10) days after receipt of such notice, the Building Official 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.

(§ 1, Ord. 856, eff. October 19, 1966; § 20, Ord. 1143, eff. August 30, 1972; § 2, Ord. 2094, eff. 1/1/2011)

If, upon the expiration of the ten (10) day period specified in §9-3.710 of this article, the required underground facilities have not been provided, the Building Official shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communication services are being furnished thereto, the Building Official may, in lieu of providing the required underground facilities, order the disconnection of all existing connections used for furnishing electric and communication services to such premises. Upon completion of the work by the Building Official, he shall file a written report with the 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 time shall be not less than ten (10) days thereafter.

(§ 1, Ord. 856, eff. October 19, 1966; § 20, Ord. 1143, eff. August 30, 1972; § 2, Ord. 2094, eff. 1/1/2011)

The Building Official 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 to the owner thereof, in the manner provided for in Section 9-3.709 of this article for the giving of the notice to provide the required underground facilities, of the time and place the Council will pass upon such report of the Building Official and hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

(§ 1, Ord. 856, eff. October 19, 1966; § 20, Ord. 1143, eff. August 30, 1972; § 2, Ord. 2094, eff. 1/1/2011)

Upon the date and hour set for the hearing 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.

(§ 1, Ord. 856, eff. October 19, 1966)

If any assessment is not paid within five (5) 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 Building Official, and the Building Official is directed to turn over to the County Auditor and Assessor, acting for the City, a notice of lien on each of such properties on which the assessment has not been paid, and the Auditor and Assessor 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 said 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 annum.

(§ 1, Ord. 856, eff. October 19, 1966; § 20, Ord. 1143, eff. August 30, 1972; § 2, Ord. 2094, eff. 1/1/2011)

In the event any act required by this article, or by a resolution enacted pursuant to Section 9-3.702 of this article, cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances or any other circumstances beyond the control of the actor, the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.

(§ 1, Ord. 856, eff. October 19, 1966, as amended by § 9, Ord. 1013, eff. May 21, 1970)