.010 Any Utility shall at its own expense complete any demolition, alteration, or construction necessary, and supply any materials and equipment needed, to comply with the provisions of this Chapter, including removal of all Overhead Facilities consistent with this Chapter and, if applicable, any notice of violation or notice of nuisance determination. Notwithstanding the foregoing, with respect to Overhead Facilities located on private property (within an Underground Utility District) for which the City has issued a discretionary development permit that is conditioned, among other things, upon removal of such Overhead Facilities, the Utility and the owner of the private property shall be jointly and severally responsible for the demolition, alteration, or construction (including the supply of materials and equipment) necessary to comply with the provisions of this Chapter. For purposes of determining a private property owner's responsibility, the City may deem a private property owner a "Person" as defined by this Chapter.
.020 Underground construction by any Person shall be accomplished in accordance with established construction standards, including those adopted by the City, and in accordance with any applicable standards and federal, state, and local codes and regulations pertaining to underground construction and installation standards and, unless otherwise specified in a project- specific agreement, shall be completed within the timeframe for removal of Overhead Facilities specified in or established pursuant to this Chapter.
.030 Each Utility with Overhead Facilities within an Underground Utility District shall notify the Public Utilities Department in writing when the Utility has completed removal of Overhead Facilities.
.040 If a Utility completes removal of Overhead Facilities within twelve months of the Department's giving written notice that conduit systems have been completed, then the Department shall, at the City's expense, remove utility poles and complete roadway restoration within Underground Utility Districts, as such removals support the purpose of undergrounding Overhead Facilities established in Section 17.24.010.
.050 If a Utility does not complete removal of Overhead Facilities within twelve months of the Department's giving written notice that conduit systems have been completed, the Department shall assess the proportional costs to remove utility poles and complete roadway restoration within Underground Utility Districts, which shall constitute debts owed to the City. In addition, the City may pursue enforcement of penalties subject to Section 17.24.030. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)