* For statutory provisions on conversion of utility facilities to underground locations, see Streets and Highway Code 55896.1 et seq. and Gov. Code § 38793.
Sections:
13.16.010 Definitions.
13.16.020 Public hearing by Council.
13.16.030 Designation of underground utility districts.
13.16.040 Unlawful acts.
13.16.050 Exception – Emergency or unusual circumstances.
13.16.060 Other exceptions.
13.16.070 Notice to property owners and utility companies.
13.16.080 Responsibility of utility companies.
13.16.090 Responsibility of property owners.
13.16.100 Lien procedure.
13.16.110 Responsibility of city.
13.16.120 Extension of time.
13.16.130 Violation – Penalty.
Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:
A. COMMISSION. The Public Utilities Commission of the state of California.
B. PERSON. Individuals, firms, corporations, partnerships, and their agents and employees.
C. POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES. 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.
D. UNDERGROUND UTILITY DISTRICT or DISTRICT. That area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in resolution adopted pursuant to the provisions of Section 13.16.030.
E. UTILITY. All persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 264 § 1, 1969).
The Council 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 city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. The City 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. Each 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 Council shall be final and conclusive. (Ord. 264 § 2, 1969)
If, after any such public hearing the Council finds that the public necessity, health, safety or welfare requires such removal and such underground installations within a designated area, the Council 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. (Ord. 264 § 3, 1969)
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