Yolo County Municipal Code Ch. 9 Underground Utilities

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) “Clerk” shall mean the Clerk of the Board.

(b) “Commission” shall mean the Public Utilities Commission of the State.

(c) “Director” shall mean the Director of Public Works of the County.

(d) “Person” shall mean and include individuals, firms, corporations, partnerships, and their agents and employees.

(e) “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 service.

(f) “Underground Utility District” or “District” shall mean that area in the unincorporated areas of 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 5-9.03 of this chapter.

(g) “Utility” shall mean and include all persons or entities supplying electric, communication, or similar associated service by means of electrical materials or devices. (§ 1, Ord. 596)

The Board 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 unincorporated area of the County and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The 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 (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. The decision of the Board shall be final and conclusive. (§ 2, Ord. 596)

If, after any such public hearing, the Board finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the Board 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 labor, materials, and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby. (§ 3, Ord. 596)

Whenever the Board creates an Underground Utility District and orders the removal of poles, overhead wires, and associated overhead structures therein, as provided in Section 5-9.03 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 to be removed by resolution, except as such 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 Section 5-9.09 of this chapter, and for such reasonable time required to remove the facilities after such work has been performed, and except as otherwise provided in this chapter. (§ 4, Ord. 596)

Notwithstanding any other provision of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten (10) days, without the authority of the Board in order to provide emergency service. The Board may grant special permission, on such terms as the Board 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. (§ 5, Ord. 596)

The provisions of this chapter and any resolution adopted pursuant to the provisions of Section 5-9.03 of this chapter, unless otherwise provided in such resolution, shall not apply to the following types of facilities:

(a) County facilities or equipment installed under the supervision and to the satisfaction of the Director;

(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 or overhanging any public right-of-way;

(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. (§ 6, Ord. 596)

Within ten (10) days after the effective date of a resolution adopted pursuant to the provisions of Section 5-9.03 of this chapter, the Clerk shall notify all affected utilities and all persons owning real property within the District created by such resolution of the adoption thereof. The Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on his 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.

Notification by the Clerk shall be made by mailing a copy of the resolution adopted pursuant to the provisions of said Section 5-9.03, together with a copy of the provisions of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (§ 7, Ord. 596)

If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to the provisions of Section 5-9.03 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. (§ 8, Ord. 596)

(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 set forth in Section 5-9.08 of this chapter 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. If such construction is not accomplished by any person within the time provided for in the resolution enacted pursuant to the provisions of Section 5-9.03 of this chapter, the 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.

(b) The notice to provide the required underground facilities may be given either by personal service or by mail. In the event 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 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. 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 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.

(c) The notice given by the 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 receipt of such notice, the Director will provide such required underground facilities, in which case the cost and expense thereof shall be assessed against the property benefited and become a lien upon such property.

(d) If, upon the expiration of the thirty (30) day period, such required underground facilities have not been provided, the 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 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 completion of the work by the Director, he shall file a written report with the Board, setting forth the fact that the required underground facilities have been provided and the cost thereof, together with the legal description of the property against which such cost is to be assessed. The Board 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.

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

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

(g) If any assessment is not paid within five (5) days after its confirmation by the Board, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Director, and the Director is here 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 the assessment was not paid. Such assessment shall be due and payable at the same time as such 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. (§ 9, Ord. 596)

The County shall remove at its own expense all County-owned equipment from all poles required to be removed pursuant to the provisions of this chapter 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 the provisions of Section 5-9.03 of this chapter. (§ 10, Ord. 596)

In the event any act required by the provisions of this chapter or by a resolution adopted pursuant to the provisions of Section 5-9.03 of this chapter 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, the time within such act shall be accomplished shall be extended for a period equivalent to the time of such limitation. (§ 11, Ord. 596)