Woodside Municipal Code § 53.01 Underground installations required

The Council hereby finds and declares that the public necessity, convenience, safety, welfare, and interest require that whenever an underground utility service for supplying electric, communication, or similar or associated service is made, or is to be made available, to private or public property within the Town, the property owner of person in possession of such property shall make the connection to such underground utility distribution facility in the manner and under the terms and conditions set forth in this subchapter. The responsibility of the property owner or the person in possession of any property to which an underground utility service for supplying electric, communication, or similar or associated service is made available shall include and be limited to the installation and completion of the underground construction and conduits, conductors, and associated equipment necessary to maintain utility service to the building or structure being served, or up to a distance of 50 feet from the property line abutting the public street in which the utility facilities are located toward the building or structure being served, whichever is the lesser distance, subject to the applicable rules, regulations, and tariffs of the respective utilities on file with the Public Utilities Commission of the State.

(1975 Code, § 7-5.101) (Ord. 1967-189, effective - -67)

(A) The Town shall give a notice to all affected utilities and all persons owning and/or occupying real property affected by the provisions of Section 53.01 of this chapter. The Town 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 other similar or associated service, they or such occupant shall provide all the necessary facility changes on their premises, within the time provided for in the notice, so as to receive such service from the lines of the supplying utilities, subject to the applicable rules, regulations, and tariffs of the respective utilities on file with the Public Utilities Commission of the State. The notice shall state that if the underground work is not completed within 45 days after the receipt of such notice, the Town will order the disconnection and removal of existing overhead service facilities.

(1975 Code, § 7-5.102)

(B) The notice required by the provisions of division (A) above of this section may be given either by personal service or by mail. In the case of service by mail the notice shall be addressed to the occupant or to the owner of the affected premises directed to his/her address as such address appears on the last equalized assessment roll of the county and, when no address appears, to General Delivery, Town of Woodside. 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 48 hours after the mailing thereof. If notice is not given by mail to either the owner or occupant of such premises, the Town shall, within 48 hours, 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 such premises.

(1975 Code, § 7-5.103) (Ord. 1967-189, effective - -67)

Whenever a notice has been given by the Town directing the removal of poles and overhead wires and associated overhead structures, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ, or operate any pole, overhead wire, or associated overhead structure, except as may be otherwise provided in this subchapter.

(1975 Code, § 7-5.104) (Ord. 1967-189, effective - -67)

Cross reference— Penalty, see § 10.99.

If, upon the expiration of the 45-day period set forth in Section 53.02, the affected existing overhead facilities have not been removed and the underground work has not been completed, the Town shall forthwith order the disconnection and removal of such existing overhead facilities.

(1975 Code, § 7-5.105) (Ord. 1967-189, effective - -67)

In the event any act required of any person by the provisions of this subchapter cannot be performed within the time provided in this subchapter on account of shortages 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 by the Town for a period equivalent to the time of such limitation.

(1975 Code, § 7-5.106) (Ord. 1967-189, effective - -67)