Definitions. | |
Permits—Consent. | |
Locations and Space Assignments of Utility Facilities. | |
Poles to be Available for Installation of Traffic Signals, Etc.—Responsibility—Removal—Installation of Street Lights on Trolley Poles. | |
Erection of Poles in Proximity to Light Poles Prohibited. | |
Location of Facilities to be Furnished. | |
Notice to Remove or Relocate Utility Facilities. | |
Owners Must Remove in Required Time. | |
Failure—Work May Be Done by Director, Director of Transportation or General Manager. | |
Agreement with Owner or Operator. | |
Provision for Administration, Etc.—Cost. | |
Underground Districts Designated. | |
Need for Underground District to be Determined. | |
Removal of Overhead Utility Facilities in Designated Districts—Exemptions. | |
Exemptions to Undergrounding. | |
Public Hearing—Notices. | |
Removal of Overhead Utility Facilities—Responsibility for—Cost. | |
Responsibility of Property Owners. | |
Installation of Service Lateral. | |
Failure of Property Owner to Install Conduits. | |
Notice to Property Owner of Declaration of Public Nuisance. | |
Proof of Delivery or Mailing. | |
Hearing. | |
Issuance of a Director's Order. | |
Posting and Service of Order. | |
Forfeiture of Property Owners' Right To Do Work. | |
Assessment for Costs. | |
Report of Costs. | |
Hearing and Confirmation of Report for Special Assessment of Costs. | |
Costs of Abating the Public Nuisance. | |
Underground Public Nuisance Abatement Fund. | |
Compliance, Rescinding Order. | |
Penalty for Each Day Overhead Utility Facilities are Left Standing. | |
Temporary Use of Poles and Overhead Wires in Underground Districts. | |
Removal of Temporary Poles and Overhead Wires. | |
Duties of the Director—Authority to Remove Overhead Utility Facilities. | |
New Construction—Installation of Service. | |
Underground Utility Facilities to be Included in Construction of New Streets. | |
Director May Enter Into Agreement for Joint Construction. | |
Provision for Street Lighting in Plans. | |
Underground Wired Street Lighting, Fire Alarm and Police Communication Facilities to be Included in Plans for Construction of Streets. | |
Cost of Underground Wired Facilities for Street Lighting, Fire Alarm and Police Communication Systems. | |
Money to be Included in Fund When Work Done by City. | |
Underground Wired Facilities for Street Lighting, Fire Alarm and Police Communication Systems to Become Property of City. | |
Declaration of Public Nuisance. | |
Unless the context specifically indicates otherwise, the meaning of terms in this Article shall be as follows:
(a) "Board" shall mean the Board of Supervisors of the City and County of San Francisco.
(b) "City" shall mean the City and County of San Francisco.
(c) "City Administrator" means the City Administrator of the City and County of San Francisco.
(d) "Department" shall mean the Department of Public Works of the City and County of San Francisco.
(e) "Director" shall mean the Director of the Department of Public Works of the City and County of San Francisco.
(f) "Director of Transportation" shall mean the Director of the Municipal Transportation Agency of the City and County of San Francisco.
(g) "General Manager" shall mean the General Manager of the Public Utilities Commission of the City and County of San Francisco.
(h) "Municipal Railway" shall mean the Municipal Railway of the City and County of San Francisco including the tracks, overhead lines and power feeder systems.
(i) "Municipal Transportation Agency" shall mean the Municipal Transportation Agency of the City and County of San Francisco.
(j) "Owner or Operator" shall mean any person, firm, corporation, or public or private utility, owning, controlling or operating any utility facility upon, in, over or under the streets or places of the City and County of San Francisco.
(k) "Places" shall mean any public park or pleasure ground and common which has been dedicated and accepted according to law.
(l) "Property" shall mean any real property in the City and County of San Francisco. Where any building or structure on real property is a condominium, planned development, community apartment, or stock corporation, "property" shall mean each separate unit.
(m) "Property owner" shall mean any person, firm, association, limited liability corporation, corporation, or other legal entity owning or controlling real property in the City and County of San Francisco. Where any building or structure on real property is a condominium, planned development, community apartment, or stock corporation, "property owner" shall mean any person, firm, association, limited liability corporation, corporation, or other legal entity owning or controlling any unit.
(n) "Public Utilities Commission" shall mean the Public Utilities Commission of the City and County of San Francisco.
(o) "Serving Company" shall mean the person, firm, corporation or utility supplying the electrical service for electric lighting, heat, power, telephone, telegraph, television signal, or any other type of electrical service.
(p) "Shall" is mandatory; "may" is permissive.
(q) "Sidewalk" shall mean the area between the curb and the property line, as set forth in Ordinance 1061, entitled "Regulating the widths of Sidewalks" (approved December 18, 1903).
(r) "Streets" shall mean the public area, between property lines, of any avenues, highways, boulevards, lanes, roads, parkways, freeways, alleys, crossings or intersections, and courts or other public ways.
(s) "Underground" and "Undergrounding" shall mean the complete and permanent removal of the overhead utility facilities defined in subsection(s) hereof, except such utility facilities as are specifically exempted in Section 914; also, a complete installation beneath the surface of a street, public place, or stated area, of such utility facilities.
(t) "Underground District" shall mean a street, or streets, public place, or stated area, within which overhead utility facilities, as defined in subsection (s) hereof, shall be prohibited and existing overhead utility facilities shall be removed or converted to an underground installation. New utility facilities, when installed, shall be a complete installation beneath the surface of the street, or streets, public place, or stated area, except such utility facilities as are specifically exempted in Section 914.
(u) "Utility facility" shall mean pipes, wires, tracks, conduits, tunnels, poles or other overhead supporting structures, with any appurtenances, or any other structures of any nature, upon, in, over or under the streets or places of the City and County of San Francisco which are used for the purpose of supplying or conveying any services or substances within the limits of the City and County of San Francisco.
(Amended by Ord. 445-84, App. 11/13/84; Ord. 140-07, File No. 070621, App. 6/22/2007)
Every owner or operator of any utility facility before installing, locating or relocating any utility facility shall file with the Director of Public Works a written application for a permit to do such work and obtain a written permit for the work as provided in Article 2.4. In accepting such permit the permittee expressly consents to regulation by any applicable rules or ordinances.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
The Director may, as a condition of any permit issued pursuant to Section 901, require that the utility facility be installed in a specific location and may assign specific space for such utility facility in accordance with the Rules and Regulations of the Department and applicable General Orders of the California Public Utilities Commission.
(Added by Ord. 139-72, App. 5/26/72)
The City reserves the right to attach to any utility pole for which a permit has been or is to be issued in accordance with Section 901 of this Article, any traffic signal, fire alarm or police communication facilities, or equipment necessary for the normal operation thereof. Notice in writing shall first be given by the Director stating the City's intention to attach thereto the required facilities or other equipment. The owner of the pole shall not be responsible for any damages to any facilities of the City mounted on the pole, unless such damages proximately caused by the negligent act or omission of the owner of the pole. The Director shall have the traffic signal, fire alarm, police communication facilities or other equipment, removed from a utility pole upon and within 30 days after receipt of written notice of the owner's intention to reconstruct, replace, or remove the utility pole. The Director further reserves the right, under the conditions and stipulations specified above, to attach, as required, any street light and necessary equipment therefore, to any trolley pole which may now exist or which may be installed pursuant to Section 901 of this Article. The City shall install and maintain all of its traffic signal, fire alarm, police communication, street lighting or other equipment on any utility pole in conformity with all applicable General Orders of the Public Utilities Commission of the State of California.
(Added by Ord. 139-72, App. 5/26/72)
It shall be unlawful to erect any pole on the streets or sidewalks of the City at a point which is situated nearer than 10 feet to a pole on which is supported a lamp maintained by said City for lighting the public streets or any traffic control device.
(Added by Ord. 139-72, App. 5/26/72)
Every owner or operator using, controlling or having an interest in any utility facility upon, in, or under the surface of any street, sidewalk or other public place shall provide a copy of the record of location of any such facility upon request from the City Engineer.
(Added by Ord. 139-72, App. 5/26/72)
(a) Whenever any public work is authorized by the Board to be done under the supervision of the Director upon, in, over or under any of the streets, the Director, before the commencement of the work, shall notify in writing any owner or operator having utility facilities of any nature upon, in, over or under the streets to remove or adjust so much of his or their facilities as will allow the prosecution of the public work. The Notice shall be accompanied by a copy of the plans and specifications for the authorized public work showing the location of the work in the streets and describing the same. The Notice shall specify a time within which all affected utility facilities must be removed or adjusted.
(b) The evolution of urban rail, trolley coach and motor bus passenger systems from private operations under franchise operating without tax subsidies to publicly owned and operated systems under federal, state and local policies mandating intra-city passenger service at revenue levels which require a substantial measure of tax support, the paramount right of the people as a whole to use the public street, and the level of service provided being essential to the circulation, health, safety, comfort and welfare of people in an urban setting, and the need for improved transportation systems to meet increasing demand for development and maintenance of an adequate, safe and efficient transportation system requires that this service be recognized and defined as a governmental activity within the City's police powers. Accordingly, whenever any public work relating to the Municipal Railway is authorized by the Municipal Transportation Agency to be done under the supervision of the Director of Transportation upon, in, over or under any of the streets, the Director of Transportation, before the commencement of the work, shall notify in writing any owner or operator having utility facilities of any nature upon, in, over or under the streets to remove or adjust so much of his or their facilities as will allow the prosecution of the public work. The notice shall be accompanied by a copy of the plans and specifications for the authorized public work showing the location of the work in the streets and describing the same. The notice shall specify a time within which all affected utility facilities must be removed or adjusted.
(c) The Public Utilities Commission owns and operates certain utility facilities in the City and County of San Francisco that provide essential services that are necessary to protect the public health, safety and welfare. Accordingly, whenever any public work upon, in, over or under any of the streets relating to the Public Utilities Commission is authorized to be done under the supervision of the General Manager, the General Manager, before the commencement of the work, shall notify in writing any owner or operator having utility facilities of any nature upon, in, over or under the streets to remove or adjust so much of his or their facilities as will allow the prosecution of the public work. The notice shall be accompanied by a copy of the plans and specifications for the authorized public work showing the location of the work in the streets and describing the same. The notice shall specify a time within which all affected utility facilities must be removed or adjusted.
(Amended by Ord. 445-84, App. 11/13/84; Ord. 140-07, File No. 070621, App. 6/22/2007)
Any owner or operator having utility facilities upon, in, over or under the streets upon, in, over or under which any public work is authorized to be done, shall, upon receipt of a Notice pursuant to Section 906, and at his expense, cause to be removed or to be adjusted within the time specified in the Notice, so much of the affected utility facilities belonging to or under the control of such owner or operator as will allow the authorized work to be prosecuted according to the plans and specifications therefor.
(Added by Ord. 139-72, App. 5/26/72)
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