Chapter 14.40 UNDERGROUND UTILITIES*

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” means the Public Utilities Commission of the state of California.
B. “Person” means and includes individuals, firms, corporations, partnerships, and their agents and employees.
C. “Poles, overhead wires and associated overhead structures” means 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” means that area in the county 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 Section 14.40.030.
E. “Utility” includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 340 § 1, 1969).

The board of supervisors 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 county and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The county 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 board of supervisors shall be final and conclusive. (Ord. 340 § 2, 1969).

If after any such public hearing the board of supervisors finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the board of supervisors 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. 340 § 3, 1969).

Whenever the board of supervisors creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 14.40.030, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said 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 Section 14.40.090, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter. (Ord. 340 § 4, 1969).

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the board of supervisors in order to provide emergency service. The board of supervisors may grant special permission, on such terms as the board of supervisors 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. (Ord. 340 § 5, 1969).

This chapter and any resolution adopted pursuant to Section 14.40.030 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
A. Any governmental facilities or equipment installed under the supervision and to the satisfaction of the county engineer;
B. Poles or electroliers used exclusively for street lighting;
C. 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;
D. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand, five hundred volts;
E. 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;
F. Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;
G. Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts;
H. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (Ord. 340 § 6, 1969).

Within ten days after the effective date of a resolution adopted pursuant to Section 14.40.030, the county clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The county 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 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 applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.

Notification by the county clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 14.40.030, together with a copy of the ordinance codified herein, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. (Ord. 340 § 7, 1969).

A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall perform construction and provide that portion of the service connection on his property between the facilities referred to in Section 14.40.080 and the termination facility on or within said building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission.
B. In the event any person, owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to Section 14.40.030, the county engineer shall post written notice on the property being served and thirty days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.
C. In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection A of this section within the time provided for in the resolution adopted pursuant to Section 14.40.030, the board of supervisors may direct the county engineer to cause the work required by subsection A of this section to be done and assess the cost of the work against the property in accordance with Government Code § 26230. The assessment shall become a lien against the property and the assessment may be collected at the same time and in the same manner as ordinary county ad valorem taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for these taxes. All laws applicable to the levy, collection and enforcement of county ad valorem taxes shall be applicable to the assessment. (Ord. 340A § 1, 1995; Ord. 340 § 9, 1969).

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 14.40.030, cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 340 § 11, 1969).