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Madera County Codes
Chapter 14.40
Underground Utilities
Sections:
14.40.010 Definitions.
14.40.020 Hearings for removal of overhead
structures.
14.40.030 Underground utility district
designation.
14.40.040 Erection of overhead structures
after removal ordered.
14.40.050 Exception--Emergency or unusual
circumstance.
14.40.060 Exception--Governmental agencies--Certain
structures.
14.40.070 Notice to property owners and
utility companies.
14.40.080 Utility company responsibility.
14.40.090 Property owner or occupant responsibility.
14.40.100 County responsibility.
14.40.110 Extension of time.
14.40.120 Penalty for violations.
14.40.010 Definitions.
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 above-ground 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
a 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). top
14.40.020 Hearings for
removal of overhead structures. 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. 3401 §2,
1969). top
14.40.030 Underground utility
district designation. 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). top
14.40.040 Erection of overhead
structure after removal ordered. 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. 341 §4, 1969). top
14.40.050 Exception--Emergency
or unusual circumstance. 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 at to any person or utility, to erect,
construct, install, maintain, use or operate poles, overhead
wires and associated overhead structures. (Ord.
340 §5, 1969). top
14.40.060 Exception--Governmental
agencies--Certain structures. 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
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).
top
14.40.070 Notice to property
owners and utility companies. 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 the 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, regulation, 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). top
14.40.080 Utility company
responsibility. If underground construction
is necessary to provide utility service within a district
created by any resolution adopted pursuant to Section 14.40.030,
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. (Ord. 340 §8, 1969).
top
14.40.090 Property owner
or occupant responsibility. 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 comission. (Ord. 340
§8, 1969). top
14.40.100 County responsibility.
The county shall remove at its own expense all
county-owned equipment from all poles required to be removed
hereunder in ample time to enable the owner or user of such
poles to remove the same within the time specified in the
resolution enacted pursuant to Section 14.40.030.
(Ord. 340 §10, 1969). top
14.40.110 Extension of
time. 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). top
14.40.120 Penalty for violations.
The penalty for violations of this chapter shall
be as provided in Chapter 1.12 of this code.
(Ord. 378 §2[part], 1973: Ord. 340 §12, 1969). top
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