Whenever in this division the following words or phrases hereinafter in this section defined are used, they shall have the respective meaning assigned to them in the following definitions:
(a) "Commission" shall mean the Public Utilities Commission of the State of California.
(b) "County Engineer" shall mean the Director of Transportation of the County of San Diego.
(c) "Underground Utility District" or "District" shall mean an area in the unincorporated territory of the County within which poles, overhead wires, and associated overhead structures are prohibited, which area is established pursuant to and hereafter described in this division.
(d) "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 are useful in supplying electric, communication or similar or associated service.
(e) "Utility" shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
(Amended by Ord. No. 5406 (N.S.), effective 3-22-79, operative 3-23-79)
Cross reference(s)--Definitions, § 12.101 et seq.
The Board of Supervisors may from time to time call public hearings to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated unincorporated areas of the County of San Diego and the underground installation of wires and facilities for supplying electric, communication, or similar associated service. Prior to establishing an area as an Underground Utility District the Board of Supervisors shall adopt a resolution of intention to establish such district and hold a public hearing thereon. The Clerk of the Board of Supervisors shall notify all owners of property within the proposed district as such are shown on the last equalized assessment roll and all utilities concerned by mail of the time and place of the hearing on such resolution at least 10 days prior to the date thereof. Such hearing shall be open to the public and may be continued from time to time. At such hearing all persons interested shall be given an opportunity to be heard. The decision of the Board of Supervisors shall be final and conclusive.
If, after such public hearing on the resolution of intention the Board of Supervisors finds that the public health, safety or welfare requires such removal and such underground installation within a designated area, said Board shall, by ordinance amending this Code, declare such designated area an Underground Utility District and order such removal and underground installation. Such ordinance shall include a description of the area comprising such district and shall provide that the Board of Supervisors shall subsequently fix by resolution 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. Notification of the passage of such resolution fixing time shall be given pursuant to Section 89.107(A), (B) of this division. 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.
(Amended by Ord. No. 3642 (N.S.), effective 2-18-71)
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