Yucca Valley Municipal Code Ch. 8.90 Underground Utility Districts

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:

COMMISSION: The public utilities commission of the state of California.

PERSON: Means and includes individuals, firms, corporations, partnerships, and their agents and employees.

POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES: Poles, towers, supports, wires, conductors, guys, stubs, platforms, cross arms, 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.

UNDERGROUND UTILITY DISTRICT OR DISTRICT: That area in the town 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 this chapter.

UTILITY: Means and includes all persons or entities supplying electric, communication such as telephone and cable television, or similar or associated service by means of electrical materials or devices. (Ord. 221, 2-1-2011)

The town council may from time to time call public hearings to ascertain whether it is in the general public interest to remove the poles, overhead wires and associated overhead structures within designated areas of the town and to perform the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The town clerk shall notify all concerned utilities and property owners within the proposed district as shown on the last equalized assessment roll by regular mail of the time and place of such hearings at least fifteen (15) days prior to the date thereof. Failure to give such notice by mail, or of the persons addressed to receive same, shall not affect the validity of such ordinance nor the authority of the town to proceed under this chapter. Each hearing shall be open to the public and may be continued from time to time. At each such hearing all property owners within the proposed district, and all members of the public, shall be given an opportunity to be heard. (Ord. 221, 2-1-2011)

Prior to holding such public hearing, the town manager shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and estimates of the total costs to the town and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities. (Ord. 221, 2-1-2011)

If, after a public hearing, the town council finds that it is in the general public interest to remove the poles, overhead wires, and associated overhead structures within the designated area and to perform such underground installation within the area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. The decision of the town council shall be final and conclusive. 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.

If the undergrounding is to be completed pursuant to rule 20A of the California public utilities commission, the town council shall make any findings required by rule 20A.

If necessary, the creation of such district shall comply with all applicable provisions of article XIIID of the California constitution (proposition 218). (Ord. 221, 2-1-2011)

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in this chapter, it is 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 such resolution, except as such overhead facilities may be required to furnish temporary 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 this chapter, and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this chapter. (Ord. 221, 2-1-2011)

A. Notwithstanding any other provisions of this chapter, the town council may grant special exceptions on a permanent or temporary basis to the provisions of this chapter on such terms as the town council may deem appropriate in cases of emergency or unusual circumstances to any person to erect, construct, install, maintain, use or operate poles and overhead lines and associated overhead structures within any underground utility district provided that prior thereto the town council shall have made a finding that granting of such special exception does not violate the general purposes of this chapter, will not be detrimental to the public interest, welfare, safety, peace or health, and that such action will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the underground utility district.

B. Notwithstanding the provisions of this section, the town manager in cases of emergency only, may grant permission for overhead facilities to be installed for such period of time as will permit the town council, at its next regular meeting, to consider the granting of a special exception under the terms of this section. (Ord. 221, 2-1-2011)

The provisions of this chapter shall not apply to the following types of facilities:

A. Poles used exclusively for police and fire alarm boxes, traffic control facilities, street lighting, or any similar municipal equipment installed under the supervision and the satisfaction of the town engineer and approved by the town manager. Service to those facilities shall be underground;

B. 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;

C. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty four thousand five hundred (34,500) volts;

D. 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 or alley;

E. Antennas, associated equipment and supporting structures, used by a utility for furnishing communication services;

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

G. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (Ord. 221, 2-1-2011)

A. Within thirty (30) days after the effective date of a resolution adopted pursuant to this chapter, the town clerk shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adoption thereof. The town 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, within the period of time specified in the resolution, 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 or as authorized by the council.

B. Notification by the town clerk shall be made by mailing a copy of the resolution adopted pursuant to this chapter together with a copy of the ordinance codified herein to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. Failure to give such notice by mail or of the persons addressed to receive same shall not affect the validity of such ordinance nor the authority of the town to proceed under this chapter. (Ord. 221, 2-1-2011)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to 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 and the electric rules and regulations of the town. (Ord. 221, 2-1-2011)

A. All utilities and every person owning property within a district shall comply with the requirements specified in the notice under section 8.90.080 of this chapter.

B. Every person owning property within a district shall be responsible for paying such person's proportionate share of the cost of the underground facilities constructed in the public right of way or easements to serve that property within the district, to the extent such costs are not covered by a utility or the town. All such costs shall be in conformance with applicable rules, regulations and tariffs of the respective utilities on file with the commission and the electric service rules and regulations of the town, and if necessary all assessments shall comply with the provisions of article XIIID of the California constitution (proposition 218).

C. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall, at such person's own expense, construct and provide that portion of the service connection on such person's property between the facilities referred to in this chapter and the termination facility on or within such building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utilities concerned and applicable rules and regulations of the town. (Ord. 221, 2-1-2011)

A. If the aforesaid property owner responsibilities are not accomplished within the time specified in the resolution, the town shall give written notice by mail or personal service to the owner of record and to the person in possession of the affected property, to perform the required property owner responsibilities within thirty (30) days after receipt of notice. Mailed notice shall be deemed to have been received by the addressee within forty eight (48) hours after mailing. Where notice is mailed to either the owner or occupant, a notice not less than eight by ten inches (8 x 10") in size shall also be posted in a conspicuous place on the premises within forty eight (48) hours after the mailing thereof.

B. The notice shall specify with particularity what work is required to be done and shall state that if such work is not completed by the affected property owner within thirty (30) days after receipt of notice, the town will perform the required work and the costs and expenses therewith will be assessed against the affected property and become a lien thereon.

C. The notice shall include the statement that thirty (30) days after posting of the notice all utility companies are authorized to discontinue electric, communication, community antenna television, or similar or associated service from poles, overhead wires, and associated overhead structures.

D. Thirty (30) days after such posting, all utility companies are hereby authorized to discontinue electric, communication, community antenna television or similar or associated service from poles, overhead wires, and associated overhead structures.

E. If, upon the expiration of the thirty (30) day period, the required work is not performed, the town shall cause the work to be performed. If, however, the premises are unoccupied and no utility services are being furnished thereto, the town may authorize the disconnection and removal of any and all overhead service wires and associated facilities to such property. Upon completion of the work a written report shall be provided for the town council setting forth the properties disconnected and from which overhead service was removed, and the properties where required underground facilities work has been performed by the town, together with a legal description of the property against which the cost is to be assessed, and the costs to be assessed. The council shall fix a time and place for hearing protests against the assessment of the cost of such work, which hearing shall not be less than ten (10) days after the filing of such report.

F. The town shall notify the owner and the person in possession of the premises of the time and place of such protest hearing. Notice shall be given in the same manner as provided in subsection A of this section and shall set forth the amount of the proposed assessment.

G. At the hearing, the council shall hear and consider the report and any protests and may affirm, modify or reject the assessment.

H. Unless the payment of the assessment is authorized to be payable in installments, the amount of each such assessment shall become due and payable to the town upon confirmation by the town council. If any assessment is not paid within thirty (30) days, interest shall be added to the unpaid balance at the rate of eight percent (8%) per year commencing on the thirty first day after such assessment becomes due.

I. 1. The council may authorize, by motion, that the payment of any assessment of more than one hundred dollars ($100.00) may, at the assessee's option, be made in not to exceed ten (10) annual installments, provided, however, that installment payments shall not be permitted where the assessment is one hundred dollars ($100.00) or less.

2. The first installment shall be paid on or before the thirtieth day after confirmation by the town council. Subsequent installments and interest shall be paid on or before the successive anniversary dates.

3. The unpaid balance of the assessment shall bear interest at the rate of eight percent (8%) per year.

4. If any installment is not paid on or before the anniversary date, the entire unpaid balance of such assessment shall become due and payable immediately.

J. Any assessment or installment not paid within six (6) months from the date it is due and payable is delinquent. A delinquent penalty of six percent (6%) of the unpaid balance, including principal and interest, shall be added thereto.

K. If any assessment is not paid in full within thirty (30) days after confirmation of the assessment, a lien shall be impressed against the property so assessed for the total unpaid balance of such assessment, together with interest and penalties thereon, if any, effective as of the time of recordation of a notice of lien, which lien shall continue until the assessment, together with interest and penalties thereon, has been paid in full, or until such lien has been discharged of record.

L. The town clerk is authorized to record in the office of the county recorder of San Bernardino County a certificate of lien in the following form:

NOTICE OF LIEN

The Town Manager did on , 20 , cause certain work to be performed, and the Council of the Town of Yucca Valley did on , 20 , by Resolution No. in the files of the Town Clerk, assess the cost of such construction upon the real property in the Town of Yucca Valley hereinafter described, and the same has not been paid nor any part thereof, and the said Town of Yucca Valley does hereby claim a lien on said real property in the total sum of $ less the sum of $ which has been paid, leaving the principal sum of $ now due, owing and unpaid, and the same shall be a lien upon said real property until the said sum, with interest at the rate of 8 percent per annum, from , 20 , and any penalties which may become due, has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which lien is claimed is that certain parcel of land in the Town of Yucca Valley, County of San Bernardino, State of California, described as follows:

(DESCRIPTION OF PROPERTY)

Dated:

Town Clerk of the Town of Yucca Valley

(Ord. 221, 2-1-2011)

The town shall remove all town owned equipment from all poles required to be removed under 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 this chapter. (Ord. 221, 2-1-2011)

In the event that any act required by this chapter or by a resolution adopted pursuant to 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, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 221, 2-1-2011)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. 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 this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter. (Ord. 221, 2-1-2011)