Section:
14.44.010 Definitions.
14.44.020 Declaring and determining areas as underground districts.
14.44.030 Removal of poles, wires and overhead structures - Hearing - Resolution ordering removal.
14.44.040 Removal of poles, wires and overhead structures - Notification of affected property owners and utilities.
14.44.050 Removal of poles, wires and overhead structures -Time limitations.
14.44.060 Erection or maintenance of poles, wires and overhead structures - Prohibited.
14.44.070 Erection or maintenance of poles, wires and overhead structures - Exception to prohibitions when.
14.44.080 Inapplicability of chapter to fire alarm system or street lighting.
14.44.090 Inapplicability of chapter to certain wires and equipment.
14.44.100 Reservation of duct for city.
14.44.110 Underground construction.
14.44.120 Responsibility of property owners.
14.44.130 Obligation of city to remove poles and fire alarm circuits.
14.44.140 Removal of utility mains and conduits.
14.44.150 Location of wires, cables and other conductors.
14.44.160 Extension of time limitations.
14.44.170 Conditions constituting nuisances.
14.44.180 Electrical installations - Compliance required.
A. “Commission” as used in this chapter, shall mean the Public Utilities Commission of the state of California.
B. “Person” as used in this chapter shall be deemed, and is hereby declared, to include individuals, firms, corporations, partnerships, and their agents and employees.
C. “Underground district” as used in this chapter shall be deemed to, and is hereby declared to, designate areas determined and described in the manner herein provided.
D. “Utility” shall be deemed, and is hereby declared, to include all persons supplying electric, telephone, telegraph, cable television, or other similar or associated service by means of electrical materials or devices, including, but not limited to, wires, cables, or conduits.
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.
(Prior code § 23.110 (Ord. 1076 §4, Ord. 1133 §9, Ord. 1277 §l, Ord. 1724))
The council is hereby authorized to, from time to time in the manner hereinafter provided, by resolution after a public hearing, notice of which hearing shall be given at least fifteen days before the date of hearing by publication in newspaper of general circulation printed and published in the city once each week prior to said hearing, declare and determine certain areas within the city, underground districts for conduits, wires and cables and associated appurtenances, for the purpose of supplying electric, telephone, telegraph and other similar associated service by means of electrical materials or devices.
(Prior code § 23.111 (Ord. 1076 §4, Ord. 1133 §9))
The council may call a public hearing to ascertain whether the public necessity, health or safety requires the removal of poles and overhead wires and associated overhead structures, from any street, alley, or public way in the city. The city clerk shall notify all affected property owners and utilities by mail of the time and place of such hearing, at least ten days prior to the date thereof. If after such public hearing the city council finds that the public necessity, health or safety requires such removal, the council shall, by resolution, order such removal. Such resolution shall particularly describe the area, and which said area shall be given by said resolution a general description by letter or number, as “Underground District No. ......” Said area shall include not less than an entire street, alley or public way between intersecting streets or six hundred feet, whichever is the lesser.
(Prior code § 23.112 (Ord. 1076 §4, Ord. 1133 §9, Ord. 1277 §2))
Within ten days after the passage of the resolution ordering removal of poles and overhead wires and associated overhead structures, provided for in said Section 14.44.030, the city clerk shall notify all affected utilities and all persons owning real property within the affected area, of the passage of such resolution, and shall further notify such affected property owners of the necessity that if they desire to continue to receive electric, telephone, telegraph or other similar-associated service, they shall provide all necessary conduit and/or wiring and changes on their premises so as to receive service from the lines of the supplying utility at a new location subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.
Notification shall be made by mailing a copy of the resolution, together with a copy of this ordinance, to the affected utilities and to the affected property owners as such are shown on the last equalized assessment roll of the county of Butte.
(Prior code § 23.113 (Ord. 1076 §4, Ord. 1133 §9))
Except as otherwise provided in this chapter, the council shall in such resolution fix the time within which such poles and overhead wires and other associated overhead structures must be removed. The city council shall allow a reasonable time for such removal, having due regard for the availability of necessary labor, materials and equipment for such removal, and for the installation of such underground facilities as may be occasioned thereby.
(Prior code § 23.114 (Ord. 1076 §4, Ord. 1133 §9))
Whenever the city council orders the removal of poles and overhead wires, or associated overhead structures as provided in Section 14.44.030 hereof, it shall be unlawful for any person or utility to maintain any pole, overhead wire, or associated overhead structure in the designated area after the date when the same is required to be removed, except as otherwise provided in this code.
No person or utility, after the city council has so ordered, shall erect, construct, place or keep, maintain, continue, employ or operate any such pole or overhead wire or other associated overhead structure in said area except as provided in Sections 14.44.070, 14.44.080 and 14.44.090, or shall neglect to take down and remove any such pole, overhead wire or associated overhead structure within the time designated in the resolution adopted pursuant to Section 14.44.030. Each consecutive fifteen-day period during which the failure to comply with the provisions hereof shall continue, shall constitute a separate offense.
(Prior code § 23.115 (Ord. 1076 §4, Ord. 1133 §9, Ord. 1277 §3))
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