Yuba County Municipal Code Ch. 11.29 Underground Utility Districts

Urban development within the valley growth boundary shall be subject to the following requirements:

(1) Required undergrounding of utility wires in district. Whenever the Board of Supervisors creates an underground utility district and orders the removal of poles, 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 poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said 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 11.29.030, Responsibilities, hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Chapter.

(2) Exception for 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 Board of Supervisors in order to provide emergency service. The Board of Supervisors 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.

(3) Other exceptions. This Chapter and any resolution creating a district, unless otherwise provided in such resolution, does not apply to the following types of facilities:

a. Any County facilities or equipment installed under the supervision and to the satisfaction of the Chief Building Official.

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 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.

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

(Ord. No. 1624)

(a) Public hearing by Board of Supervisors. The Board of Supervisors 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 service. The County 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. 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 of Supervisors shall be final and conclusive.

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

(c) Notice to property owners and utility companies.

(1) Within ten days after the effective date of a resolution creating a district; the County Clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution or the adoption thereof. Said County Clerk 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 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 of a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the County

(2) Notification by the County Clerk shall be made by mailing a copy of the resolution together with a copy of this Chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Ord. No. 1624)

(a) Utility companies. If underground construction is necessary to provide utility service within an established district, 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.

(b) Property owners.

(1) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall allow to be constructed and provide that portion of the service connection on his or her property between the facilities under responsibility of the utility companies and the termination facilities on or within said 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, and within the ordinances and regulations of the County of Yuba. If the above is not accomplished by any person within the time provided for in the resolution establishing the district, the Chief Building Official 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.

(2) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of 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. 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 given by mail to either the owner or occupant of such premises, the Chief Building Official shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches in size, to be posed in a conspicuous place on said premises.

(3) The notice given by the Chief Building Official to provide the required underground facilities shall be particularly specific that work is required to be done, and shall state that if said work is not completed within 30 days after receipt of such notice, the Chief 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.

(4) If upon the expiration of the 30-day period, the said required underground facilities have not been provided, the Chief 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 Chief Building Official 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 said property. Upon completion of the work by the Chief Building Official, he or she shall file a written report with the Board of Supervisors 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 Board of Supervisors 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.

(5) The Chief 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 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 Board of Supervisors will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.

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

(7) If any assessment is not paid within five days after its confirmation by the Board of Supervisors, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Chief Building Official, and the Chief Building Official is directed to turn over to the County Clerk Recorder a notice of lien on each of said properties on which the assessment has not been paid and said Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said 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 percent per annum.

(c) County. The County shall remove at its own expense all County-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 establishing the district.

(Ord. No. 1624)

In the event that any act required by this Chapter or by resolution 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. No. 1624)