Loading...
(a) Whenever any area of the city is declared to be an underground utility district, it shall be unlawful for any person or utility to erect, construct, use, or maintain poles, overhead lines and associated overhead structures within the district after the date when the utilities are required to be removed.
(b) From and after the effective date of the establishment of any underground utility district, it shall be unlawful for any person or utility to erect, construct, use or maintain poles, overhead lines and associated overhead structures within the district.
(c) Any individual or utility who shall erect, construct, use or maintain poles, overhead lines and associated overhead structures within any underground utility district or who shall neglect to take down and remove such poles, overhead lines and associated overhead structures within the time designated in this chapter or who shall otherwise fail to comply with the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed one thousand dollars. Each consecutive fifteen-day period during which the failure to comply with the provisions hereof shall constitute a separate offense. Such violation is likewise hereby declared to be a nuisance and may be abated by the city attorney in the manner provided for the abatement of nuisances.
(Ord. 4908 § 2, 2006: Ord. 4642 § 15, 2000: Ord. 2231 (part), 1965: prior code § 37.203)
(a) The city council may from time to time call public hearings to ascertain whether the public necessity, health or safety requires the removal of poles and overhead lines and associated overhead structures from some designated area of the city. The city clerk shall publish a notice of the public hearing and the director of utilities shall notify all affected property owners as shown on the last equalized assessment roll and affected utilities by mail of the time and place of such hearings at least thirty days prior to the date thereof.
(b) If, after any such public hearing, the council finds that the public necessity, health and safety require such removal the council shall, by ordinance amending Section 12.16.020 of this chapter, declare such area an underground utility district. Such ordinance shall include a description of the area comprising such district and shall fix the time within which such poles and overhead lines and associated overhead structures shall be removed and within which affected property owners must be ready to receive underground service. The 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.
(Ord. 3709 § 7, 1986: Ord. 2452, 1968: Ord. 2231 (part), 1965: prior code § 37.204)
(a) The provisions of this Chapter 12.16 shall not apply to the following types of facilities:
(1) Poles used exclusively for police and fire alarm boxes, traffic control facilities, or any similar municipal-owned equipment installed under the supervision and to the satisfaction of the director of utilities, or designee;
(2) Poles used exclusively for street lighting;
(3) An electric distribution or transmission system in excess of fifteen kilovolts, unless the director of utilities, or designee, determines that underground installation of such distribution or transmission system is feasible and practicable. The decision of the director in such matters is final;
(4) When authorized by the director, or designee, poles, overhead lines and associated overhead structures crossing or entering any potion of a district from which poles, overhead lines and associated overhead structures have been prohibited and originating in an area in which poles, overhead lines and associated overhead structures are not prohibited;
(5) Overhead lines 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;
(6) Radio antenna and associated equipment and supporting structures used for furnishing communications services;
(7) Changes in or additions of aerial drop lines and anchors or the addition or replacement of lines and cables on poles in place on July 1, 1965; or
(8) Service terminals, in pedestals, in above ground locations, used to distribute communications service in underground systems.
(Ord. 4945 § 35, 2007: Ord. 4908 § 3, 2006: Ord. 2611 § 6, 1971: Ord. 2231 (part), 1965: prior code § 37.205)
Notwithstanding any other provisions of this chapter the city council may grant special exceptions on a permanent or temporary basis to the provisions hereof on such terms as the city 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 city 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.
(Ord. 2231 (part), 1965: prior code § 37.206)
In the event that any act hereby required by any person or utility herein referred to cannot be performed within the time herein provided on account of shortage of materials, war, restraint by public authorities, strikes, or by any circumstances beyond the control of the person or utility or by unusual hardships, then the time within which such act shall be accomplished may be extended by the director of utilities, or his designee, for a period not exceeding one year.
(Ord. 4908 § 4, 2006: Ord. 2611 § 7, 1971: Ord. 2231 (part), 1965: prior code § 37.207)
(a) Within thirty days after the establishment of the underground utility district the director of utilities, or his designee, shall so notify all affected property owners and utilities owning real property within the affected area. The director of utilities, or his designee, shall further notify affected property owners and utilities that poles, overhead lines and associated overhead structures are to be removed and that if the affected owners and utilities or the tenants or occupants of their property desire to continue to receive electric, communication or similar associated service they shall make all necessary facility changes on their premises so as to receive the services at a new location subject to the applicable rules, regulations and tariffs of the respective utilities on file with the California Public Utilities Commission and the utility rules and regulations of the city of Palo Alto.
(b) Notification shall be made by mailing a copy of this chapter and the ordinance which designates the area of an underground utility district to the affected owners and utilities as shown on the last equalized tax roll of the city. Failure to give such notice by mail or of the affected owners or utilities addressed to receive the notice shall not affect the validity of such ordinance nor the authority of the city to proceed under Section 12.16.100.
(Ord. 4908 § 5, 2006: Ord. 2611 § 8, 1971: Ord. 2231 (part), 1965: prior code § 37.208)
(a) All conduits, conductors and associated equipment necessary to receive electric, communication or similar associated services between service conductors or underground pipes or conduits of the supplying utilities and the service facilities to the building or structure being served shall be provided by the person owning, operating, leasing or renting the affected property subject to applicable rules, regulations and tariffs of the respective utilities on file with the California Public Utilities Commission and the utility rules and regulations of the city of Palo Alto.
(b) The underground service connection construction shall be accomplished within the time specified in Section 12.16.020 or if the time is not specified therein, within thirty days after the installation of the utilities facilities pursuant to the utility rules and regulations of the city of Palo Alto.
(Ord. 4908 § 6, 2006: Ord. 2231 (part), 1965: prior code § 37.209)
Loading...