Section
53.01 Definitions
53.02 Public hearing by Council
53.03 Report by City Engineer
53.04 Council may designate underground utility districts by resolution
53.05 Unlawful acts
53.06 Exceptions
53.07 Notice to property owners and utility companies
53.08 Responsibility of utility companies
53.09 Responsibility of property owners
53.10 Responsibility of city
53.11 Extension of time
53.12 Installation of lines or wires underground required; exceptions
53.99 Penalty
Statutory reference:
Underground utility districts, see Cal. Sts. and High. Code §§ 5896.1 et seq. and Cal. Gov't Code § 38793
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMISSION. The Public Utilities Commis-sion of the state.
PERSON. Individuals, firms, corporations, partnerships and their agents and employees.
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.
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 a resolution adopted pursuant to the provisions of § 53.04.
UTILITY. All persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
('81 Code, § 13.16.010)
(A) 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.
(B) 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 10 days prior to the date thereof.
(C) Each such hearing shall be open to the public and may be continued from time to time.
(D) At each such hearing all persons interested shall be given an opportunity to be heard.
(E) The decision of the Council shall be final and conclusive.
('81 Code, § 13.16.020)
(A) Prior to holding such hearing, the City Engineer shall consult with all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities participation and estimates of the total costs to the city and affected property owners.
(B) Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.
('81 Code, § 13.16.030)
(A) If, after any such public hearing the Council finds that the city or a public utility has voluntarily agreed to pay over 50% of all costs of conversion, excluding costs of user's connection to underground electric or communications facilities, and further finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the Council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation.
(B) 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.
(C) 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.
('81 Code, § 13.16.040)
Whenever the Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in § 53.04, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, over-head wires and associated overhead structures in the district after the date when such overhead facilities are required to be removed by such resolution, except as such overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in § 53.09(A), and for such reasonable time required to remove such facilities after the work has been performed, and except as otherwise provided in this chapter.
('81 Code, § 13.16.050) Penalty, see § 53.99
(A) Emergency or unusual circumstances.
(1) Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed 30 days, without authority of the Council in order to provide emergency service.
(2) The Public Works Director may grant special permission, on such terms as he may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.
('81 Code, § 13.16.060)
(B) Types of facilities exempt. This chapter and any resolutions adopted pursuant to § 53.04 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
(1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;
(2) Poles or electroliers used exclusively for street lighting;
(3) Overhead wires, exclusive of supporting structures, crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
(4) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;
(5) Overhead wires 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) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;
(7) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts;
(8) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.
('81 Code, § 13.16.070)
(A) Within 10 days after the effective date of a resolution adopted pursuant to § 53.04, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by such resolution of the adoption thereof. The City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission.
(B) Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to § 53.04, together with a copy of this chapter, to affected property owner's as such are shown on the last equalized assessment roll and to the affected utilities.
('81 Code, § 13.16.080)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to § 53.04, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the Commission.
('81 Code, § 13.16.090)
(A) Construction of service connection required.
(1) Every person owning, operating, leasing, occupying or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in § 53.08 and the termination facility on or within such building or structure being served.
(2) If the requirement set forth in subdivision (1) of this division is not accomplished by any person within the time provided for in the resolution enacted pursuant to § 53.04, the City Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within 10 days after receipt of such notice.
('81 Code, § 13.16.100)
(B) Notice; mailing procedure.
(1) The notice to provide the required facilities may be given either by personal service or by mail.
(2) In case of service by mail on either of such persons, the notice must be deposited in the United States mail in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and the notice must be addressed to the owner thereof as such owner's name appears, and must be addressed to such owner's last known address as the same appears on the last equalized assessment roll, and when no address appears, to “General Delivery, City of Santa Paula.”
(3) If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within 48 hours after the mailing thereof.
(4) If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by 10 inches in size, to be posted in a conspicuous place on such premises.
('81 Code, § 13.16.110)
(C) Contents of notice. The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if the work is not completed within 30 days after receipt of such notice, the City Engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.
('81 Code, § 13.16.120)
(D) City to do necessary work.
(1) If upon the expiration of the 30-day period, the required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer may in lieu of providing the required underground facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property.
(2) Upon completion of the work by the City Engineer, he shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed.
(3) The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than 10 days thereafter.
('81 Code, § 13.16.130)
(E) Notice of hearing. The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner provided in division (B) of this section for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.
('81 Code, § 13.16.140)
(F) Hearing; determination. Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify or reject the assessment.
('81 Code, § 13.16.150)
(G) Assessment against property.
(1) If any assessment is not paid within five days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lien on each of such properties on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of such assessment to the next regular bill for taxes levied against the premises upon which such assessment was not paid.
(2) The assessment shall be due and payable at the same time as the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent per year.
('81 Code, § 13.16.160)
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