HomeMy WebLinkAbout981
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ORDINANCE N0. 981
AN ORDINANCE TO ADD TO BUTTE COUNTY CODS CHAPTER 26
ESTABLISHING R~;GULATIONS AND PROCEDURES FOR THE
RF~IOVAL OF OVERHEAD UTILITY FACILITI'~S AND THC IN-
STALLATION OF UNDERGROUND FACILITIES IN UNDERGROUND
UTILITY DISTRICTS
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The BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE', STATE OF
CALIFORNIA, do ordain as follows:
That the Code of Butte County shall be amended by adding
Chapter 26 as follows:
Sec. 1 - DEFINITIONS - Whenever in this ordinance the words or
phrases hereinafter in this section defined are used, they shall
have the respective meanings assigned to them in the following
definitions:
Sec. 1-1 - "Commission" shall mean the Public Utilities
Commission of the State of California.
Sec. 1-2 - "County" shall mean the County of Butte.
Sec. 1-3 - "Board" shall mean the Butte County Board of
Supervisors.
SaC. 1-4 - "Clerk" shall mean the Clerk of the Butte County
Board of Supervisors.
Sec. 1-5 - "Director" shall mean the Butte County Director
of Public Works.
Sec. 1-6 - "Underground Utility District" or "District"
shall mean that unincorporated 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
3 of this ordinance.
Sec. 1-7 - "Person" shall mean and include individuals,
firms, corporations, partnerships, and their agents and
employees.
Sec. 1-8 - "Poles, Overhead Wires and Associated Overhead
Structures" shall mean poles, towers, supports, wires, con-
ductors, guys, stubs, platforms, crossarms, braces, trans-
formers, insulators, cutouts, switches, communication.
circuits, appliances, attachments and appurtenances located
1 above-ground within a District and used or useful in
g supplying electric, communication or similar or associated
3 service.
g Sec. 1-9 - "Utility" shall include all persons or entities
g supplying electric, communication or similar or associated
8; service by means of electricl materials or devices.
7: Sec. 2 - PUBLIC HEARING BY BOARD - The Board may from time to time
g call public hearings to ascertain whether the public necessity,
g health, safety or welfare requires the removal of poles, overhead
10 wires and associated overhead structures within designated areas
11- of the unincorporated area of the County and the underground in-
12 stallation of wires and facilities for supplying electric,
13 communication, or similar or associated service. The Clerk shall
i4 notify all affected property owners, as shown on the last equali-
16 zed assessment roll, and utilities co ncerned, by mail, of the time
16 and place of such hearings at least ten CIO) days prior to the
17' date thereof. Each such hearing shall be open to the public and
lg may be continued from time to time. At each such hearing all
19 persons interested shall be given an opportunity to be heard. The
20, decision of the Board shall be final and conclusive.
21 Sec. 2-1 - Report by Director - Prior to holding such public
22 hearing, the Director shall consult all affected utilities
23 and shall prepare a report for submission at such hearing
24. containing, among other information, the extent of such
2g utilities` participation and estimates of the total costs
26 to the County and affected property owners. Such report
27 shall also contain an estimate of the time required to
2g complete such underground installation and removal of over-
29. head facilities.
30 Sec. 3 - BOARD MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY
31 RESOLUTION - If, after any such public hearing the Board finds
32 that the public necessity, health, safety or welfare requires
2.
1 such removal and such underground installation within a designated
2 area, the Board Shall, by resolution, declare such designated
3 area an Underground Utility District and order such removal and
4 underground installation.Such resolution shall include a desc-
5 ription of the area comprising such district and shall fix the
g time within which such removal and underground installation shall
7 be accomplished and within which affected property owners must bei
8 ready to receive underground service. A reasonable time shall be
9 allowed for such removal and underground installation, having due
10 regard for the availability of labor, materials and equipment
11 necessary for such removal and for the installation of such under-
~2 ground facilities as may be occasioned thereby.
L3 Sec. 4 - UNLAWFUL ACTS - Whenever the Board creates an Underground
I4. Utility District and orders the removal of poles, overhead wires
15' and associated overhead structures therein as provided in Section
16 3 hereof, it shall be unlawful for any person or utility to erect,
I7 construct, place, keep, maintain, continue, employ or operate
1g poles, averhead wires and associated overhead structures in the
19 District after the date when said overhead facilities are required
2p to be removed by such resolution, except as said overhead facilit-
2I ies may be required to furnish service to an owner or occupant of
22 property prior to the performance by such owner or occupant of the
23 underground work necessary for such owner or occupant to continue
24 to receive utility service as provided in Section 9 hereof, and
2g for such reasonable time required to remove said facilities after
26 said work has been performed, and except as otherwise provided in
27 this ordinance.
28 Sec. 5 - EXCEPTION, EMERGENCY OR UNi7SUAL CIRCUMSTANCES - Notwith-
29 standing the provisions of this ordinance, overhead facilities
30 may be installed and maintained for a period, not to exceed thirty
31 C30) days, without authority of the Board in order to provide
32 emergency service. The Board may grant special permission on such
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1 terms as the Board may deem appropriate, in cases of unusual cir-
2 cumstances, without discrimination as to any person or utility, to
3 erect, construct, install, maintain, use or operate poles, over-
4' head wires and associated overhead structures.
$ Sec. 6 - OTHER EXCEPTIONS - This ordinance and any resolution
g adopted pursuant to Section 3 hereof shall, unless otherwise pro-
7 vided in such resolution, not apply to the following types of
g' facilities:
g Sec. 6-1 - County facilities or equipment installed under th
10. supervision and to the satisfaction of the Director.
11 Sec. 6-2 - Poles, or electroliers used exclusively for scree
12 lighting.
13 Sec. 6-3 - Overhead wires Cexclusive of supporting structure )
14 crossing any portion of a District within which overhead wir s
lg have been prohibited, or connecting to buildings on the pe-
i6 rimeter of a District, when such wires originate in an area
17 from which poles, overhead wires and associated overhead
lg structures are not prohibited.
19 Sec. 6-4 - Poles, overhead wires and associated overhead
20 structures used for the transmission of electric energy at
21 nominal voltages in excess of 34,500 volts.
22 Sec. 6-5 - Overhead wires attached to the exterior surface
23 of a building by means of a bracket or other fixture and ex-
24 .tending from one location on the building to another locatio
2g on the same building or to an adjacent building without
2g crossing any public street.
27 Sec. 6-6 - Antennae, associated equipment and supporting
2g structures, used by a utility for furnishing communication
2g services.
30 Sec. 6-7 - Equipment appurtenant to underground facilities,
31: such as surface mounted transformers, pedestal mounted
32 terminal boxes and meter cabinets, and concealed ducts.
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Sec. 6-8 - Temporary poles, overhead wires and associated
overhead structures used or to be used in conjunction-with
construction projects.
Sec. 7 - NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES - Within
ten X10) days after the effective date of a resolution adopted
pursuant to Section 3 hereof, the Clerk shall notify all affected
utilities and all persons owning real property within the District
created by said resolution of the adoption thereof. Said Clerk
shall further notify such affected propery owners of the necessity
that, if they or any person occupying such property desire to con-
tinue to receive electric, communication, or similar or associated
service, they or such occupant shall provide all necessary facilit
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.
Notification by the Clerk shall be made by mailing a copy of the
resolution adopted pursuant to Section 3, together with a copy of
this ordinance, to affected property owners as such are shown on
the last equalized assessment roll and to the affected utilities.
Sec. 8 - RESPONSIBILITY OF' UTILITY COMPANTES - If underground con-
struction is necessary to provide utility service within a Dis-
trict created by any resolution adopted pursuant to Section 3 here
of, the supplying utility shall furnish that portion of the con-
duits, conductors and associated equipment required to be furnishe
by it under its applicable rules, regulations and tariffs on file
with the Commission.
Sec. 9 - RESPONSIBILITY OF PROPERTY OWNERS - 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 Section 8 and the termination facility on or within said
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1 building or structure being served., all in accordance with appli-
2 cable rules, regulations, and tariffs of the respective utility
3 or utilities on file with the Commission. If the above is not
4 accomplished by any person within the time provided for in the
6 resolution enacted pursuant to Section 3 hereof, the Director
6 shall give notice in writing to the person in possession of such
7 premises, and a notice in writing to the owner thereof as shown
8 on the last equalized assessment roll, to provide the required
9 underground facilities within ten C10)-days after receipt of such
10 notice.
11 Sec. 9-1 - Service of Notice - The notice to provide the
12 required underground facilities may be given either by
13 personal service or by mail. In case of service by mail on
14 either of such persons, the notice must be deposited in
15 the United States mail in a sealed envelope with postage
16 prepaid, addressed to the person in possession of such
lq premises at such premises, and the notice must be addressed
18 to the owner thereof as such owner's name appears, and must
19 be addressed to such owner's last known address as the same
20 appears on the last equalized assessment roll. If notice
21 is given by mail, such notice shall be deemed to have been
22 received by the person to whom it has been sent within
23 forty-eight (48) hours after the mailing thereof. If notice
~¢ is given by mail to either the owner or occupant of such
2g premises, the Director shall, within forty-eight {4S) hours
26 after the mailing thereof, cause a copy thereof, printed on
27 a card not less than eight C8) inches by ten (10) inches in
28 size, to be posted in a conspicuous place on said premises.
29 Sec. 9-2 - Contents of Notice - The notice given by the
30 Director to provide the required underground facilities shal
31 particularly specify what work is required to be done, and
32 shall state that if said work is not completed within
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1 thirty (30) days after receipt of such notice, the Director
2 will provide such required underground facilities, in which
3 case the cost and expense thereof will be assessed against
~ the property benefited and become a lien upon such property,
5 Sec. 9-3 - Disconnection, Construction, Assessment - If upon
6, the expiration of the thirty (30) day period, the said re-
q quired underground facilities have not been provided, the
g Director shall forthwith proceed to do the work, provided,
g however, if such premises are unoccupied and no electric or
10 communications services are being furnished thereto, the
~1 Director may in lieu of providing the required underground
I2 facilities, authorize the disconnection and removal of any
13 and all overhead service wires and associated facilities
I4 supplying utility service to said property. Upon completion
15 of the work by the Director, he shall file a written report
16 with the Board setting forth the fact that the required
lq underground facilities have been provided and the cost
lg thereof, together with a legal description of the property
lg against which such cost is to be assessed. The Board shall
20 thereupon fix a time and place for hearing protests against
21 the assessment of the cost of such work upon such premises,
22 which said time `shall not be less than ten (10) days there-
23 after.
24 Sec. 9-4 - Notice of Protest Hearing - The Director shall
2g forthwith, upon the time for hearing such protests having
2g been fixed, give a notice in writing tr~ the person in
27 possession of such premises, and a notice in writing thereof
2g to the owner thereof, in the manner hereinabove provided for
29 the giving of the notice to provide the required underground
30 facilities, of the time and place that the Board will pass
31. upon such report and will hear protests against such assess-
32 ment. Such notice shall also set forth the amount of the
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proposed assessment.
Sec. 9-5 - Protest Hearing - Upon the date and hour set
for the hearing of protests, the Board shall hear and
consider the report and all protests, if there be any, and
then proceed to affirm, modify or reject the assessment.
Sec. 9-6 - Lien Upon Property - If any assessment is not
paid within five (5) days after its confirmation by the
Board, the amount of the assessment shall become alien
upon the property against which tha assessment is made by
the Director, and the Director is directed to turn over
to the Assessor and Tax Coll?ctor a notice of lien on each
of said properties on which the assessment has not been
paid, and said Assessor and Tax Collector shall add the
amount of said assessment to the next regular bill for
taxes levied against the premises upon which said assess-
ment was not paid. Said assessment shall be due and pay-
able at the same time as said property taxes are due and
payable, and if not paid when due and payable, shall bear
interest at the rate of six per cent C6%) per annum.
Sec. 10 - R~;SPONSTBTLITY OF COUNTY - 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 3 hereof.
Sec. 11 - FxTFNSTON OF TIME - In the event that any act required
by this ordinance or by a resolution adopted pursuant to Section 3
hereof 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 with-
in which such act will be accomplished shall be extended for a
period equivalent to the time of such limitation.
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1' Sec. 12 - PENALTY - It shall be unlawful for any person to violate
2 any provision or to fail to comply with any of the req:uirements of
3 this ordinance. Any person violating any provision of this ordi-
4 nance or failing to comply with any of its rPquiraments shall be
g deemed guilty of a misdemeanar and upon conviction thereof shall
g be punished by a fine not exceeding Five Hundred Dollars ($500.00)
7 or by imprisonment not exceeding six (6) months, or by both such
g fine and imprisonment. Each such person shall be deemed guilty
g of a separate offense for each day during any portion of which any
10 violation of any of the provisions of this ordinance is committed,
11 continued or permitted by such person, and shall be punishable
12 therefor as provided for in this ordinance.
13 Sec. 13 - CONSTITUTIONALITY - If any section, sub-section, sentenc
14 clause or phrase of this ordinance is for any reason held to be
15 invalid, such decision shall not affect the validity of the
16 remaining portions of this ordinance. The Board hereby declares
17 that it would have adopted the ordinance and each section, sub-
lg section, sentence, clause or phrase thereof, irrespective of the
19 fact that any one or more sections, sub-sections, sentences,
20 clauses or phrases be declared invalid.
21 PASSED AND ADOPTED this 2nd day of ,Tuly, 1965, by the
22 following vote:
23 AYES: SUPHRVISORS DITNAWAY~ HOWSDEN~ McKILLOP~ PRYDE~
and CT~AIRI~IAN MAXON.
24 NOF,S : NONE
2g: ABSENT: NONE
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26 DONALD GN , Ch~man~o ~ the
27 Butte County Board of Supervisors
28 ATTF,'ST
3ESSI~; ROGFRS, County Clerk
29 and ex-officio Clerk of the
Board of Supervisors
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31 Deputy
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