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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)
(a) If any owner or operator except a City agency or department shall fail, neglect or refuse to comply with the requirements set forth in a notice issued pursuant to Section 906(a) then, and in that event, the Director shall cause to be removed or be adjusted so much of the utility facilities as may be required for the prosecution of the said authorized public work according to the plans and specifications for the work; and the incidental expenses incurred in the removal or adjustment shall be chargeable to the owner or operator failing, neglecting or refusing to comply with the requirements of the Notice, and may be recovered in an action at law brought in the name of the City against such owner or operator.
(b) If any owner or operator except a City agency or department shall fail, neglect or refuse to comply with the requirements set forth in a notice issued pursuant to Section 906(b) then, and in that event, the Director of Transportation shall cause to be removed or adjusted so much of the utility facilities as may be required for the prosecution of the said authorized public work according to the plans and specifications for the work; and the incidental expenses incurred in the removal or adjustment shall be chargeable to the owner or operator failing, neglecting or refusing to comply with the requirements of the Notice, and may be recovered in an action at law brought in the name of the City against such owner or operator.
(c) If any owner or operator except a City agency or department shall fail, neglect or refuse to comply with the requirements set forth in a notice issued pursuant to Section 906(c) then, and in that event, the General Manager shall cause to be removed or adjusted so much of the utility facilities as may be required for the prosecution of the said authorized public work according to the plans and specifications therefore the work; and the incidental expenses incurred in the removal or adjustment shall be chargeable to the owner or operator failing, neglecting or refusing to comply with the requirements of the notice, and may be recovered in an action at law brought in the name of the City against such owner or operator.
(Amended by Ord. 445-84, App. 11/13/84; Ord. 140-07, File No. 070621, App. 6/22/2007)
(a) The Director, with the approval of the City Administrator, may enter into an agreement with the owner or operator of any utility facility which may require support, protection and working around in order to successfully prosecute the construction of public work, to have any such support, protection and working around including as a part of a contract for public work. The cost of any such support, protection and working around a utility facility shall be borne by the owner or operator thereof.
(b) The Director of Transportation may enter into an agreement with the owner or operator of any utility facility which may require support, protection and working around in order to successfully prosecute the construction of public work, to have any such support, protection and working around included as a part of a contract for public work. The cost of any such support, protection and working around a utility facility shall be borne by the owner or operator thereof.
(c) The General Manager, with the approval of the Public Utilities Commission, may enter into an agreement with the owner or operator of any utility facility which may require support, protection and working around in order to successfully prosecute the construction of public work, to have any such support, protection and working around included as a part of a contract for public work. The cost of any such support, protection and working around a utility facility shall be borne by the owner or operator thereof.
(Amended by Ord. 445-84, App. 11/13/84; Ord. 140-07, File No. 070621, App. 6/22/2007)
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