Attachment 3
#H-2.
12.48.010
Chapter 12.48 (g) "Utility" includes all persons or entities supplying electric, communication or similar or
associated service by means of electrical mate-
UNDERGROUND UTILITIES* rials or devices.
(h) "County" means the county of Contra
Sections: Costa, California.
12.48.010 Definitions. (i) "Director of public works" means the
12.48.020 Public hearing by council. director of public works of the city of Richmond
12.48.030 Council may designat or said director's designee. inderground utility districts b
resolution. 12.48.020 Public hearing by council.
12.48.040 _ Unlawful acts. The council may from time to time call public
12.48.050 hearings to ascertain whether the public neces- sity, health, safety or welfare requires the
12.48.060 ther exceptions removal of overhead structures within desig-
12.48.070 Notice to property owners and nated areas of the city and the installation under- utility companies. ground of wires and facilities for supplying
12.48.080 Responsibility of utility electric, communication or similar or associated companies. service. The city clerk shall notify by mail alle
12.48.090 Responsibility of property affected property owners as shown on the last owners. equalized assessment roll of Contra Costa
12.48.100 Responsibility of city. County and all concerned utilities of the time
12.48.110 Extension of time. and place of such hearings at least ten days prior
12.48.120 Penalty. to the date thereof. Each hearing shall be open to the public and may be continued from time to
*Prior ordinance history: Ordinance No. 345 N.S. as amended by time. At each hearing all persons interested shall Ordinance No. 26-78 N,S. be given an opportunity to be heard. The deci- sion of the council shall be final and conclusive.
12.48.010 Definitions. case of a new subdivision which is to become an As used in this chapter, the following words underground utility district pursuant to the shall have the following meanings: provisions of Section 15.08.620 of the Municipal (a) "Commission" means the Public Utilities Code of the city of Richmond.
Commission of the state of California.
(b) "Underground utility district" or "dis-
trict" means that area in the city within which 12.48.030 Council may designate overhead structures are prohibited as such area is underground utility districts by described in a resolution adopted pursuant to the resolution. provisions of Section 12.48.030 of this chapter. (a) If, after any public hearing the council (c) "Person" means and includes individuals, finds that the public necessity, health, safety or firms, corporations, partnerships and their welfare requires the removal of overhead struc- agents and employees. tures and the underground installation of wires (d) "Overhead structures" means poles, tow- and facilities within a designated area, the coun ers, supports, wires, conductors, guys, stubs, plat- cil shall, by resolution, declare said designated forms, crossarms, braces, transformers, area an underground utility district and order insulators, cutouts, switches, communication removal and underground installation. The reso- circuits, appliances, attachments and appurte- luțion shall include a description of the area com- nances located above ground within a district prising the underground utility district and shall and used or useful in supplying electric, commu- fix the time within which removal and under- nication or similar or associated service. ground installation shall be accomplished and (e) "City" means the city of Richmond, Cal- within which affected property owners must be ifornia. ready to receive underground service. A reason- (f) "Council" means the city council of the able time shall be allowed for removal and city of Richmond, California. underground installation, having due regard for 399
-306-
# H-2.
12.48.030
the availability of labor, materials and equip- (c) Overhead wires (exclusive of supporting ment necessary for said removal and for the structures) crossing any portion of a district installation of such underground facilities as may within which overhead structures have been pro- be occasioned thereby. hibited, when such wires originate in an area (b) In the case of a new subdivision, the area from which overhead structures are not prohib- shall become an underground utility district ited;
upon the filing with the county recorder of the (d) Overhead structures used for the transmis final map or parcel map of said subdivision, put- sion of electric energy at nominal voltages in suant to the provisions of Section 15.08.620 of excess of thirty-four thousand five hundred volts; the Municipal Code of the city of Richmond. (e) Overhead wires attached to the exterior Affected property owners must be ready to surface of a building by means of a bracket or receive underground service, remove the over- other fixture and extending from one location on head structures and perform the underground the building to another location on the same installation prior to obtaining the city's approval - building or to an adjacent building without cross- of the subdivision improvements. ing any public street; (f) Antennae, associated equipment and sup-
12.48.040 Unlawful acts. porting structures, used by a utility for furnishing Whenever the council creates an underground communication services; utility district and orders the removal of over- (g) Equipment appurtenant to underground head structures therein as provided in Section facilities, such as surface-mounted transformers,
12.48.030 of this chapter, it shall be unlawful for pedestal-mounted terminal boxes and meter any person or utility to erect, construct, place, cabinets and concealed ducts; keep, maintain, continue, employ or operate
overhead structures in the district after the date (h) Temporary overhead structures used or to when said overhead structures are required to be be used in conjunction with construction removed, except when said overhead structures projects. may be needed to facilitate the performance of
the underground work required or as otherwise 12.48.070 Notice to property owners and provided in this chapter. utility companies.
Within ten days after the effective date of a
12.48.050 Exception, emergericy or unusual resolution adopted pursuant to Section circumstances. 12.48.030 of this chapter, the director of public Notwithstanding the provisions of this chap- works shall notify all affected utilities and all ter, overhead structures may be instailed and persons owning real property within the district maintained for a period, not to exceed ten days, created by the resolution of the adoption thereot. without authority of the director of public works The director of public works shall further notify in order to provide emergency service. The direc- such affected property owners of the necessity tor of public works may grant special permission, that, if they or any person occupying such pro- on such terms as he may deem appropriate, in
cases of unusual circumstances, without discrim- pety desire to continue to receive electric, com- munication or similar or associated service, they
ination as to any person or utility, to erect, con- or such occupant shall provide all necessary facil- struct, install, maintain, use or operate overhead
structures. ity changes on their premises so as to receive such service from the lines of the supplying utility or
12.48.060 Other exceptions. utilities at a new location, subject to applicable This chapter and any resolution adopted pur- rules, regulations and tariffs of the respective suant to Section 12.48.030 of this chapter shall utility or utilities on file with the commission. not apply, unless otherwise provided in such res- Notification by the director of public works olution, to the following types of facilities: shall be made by mailing a copy of the resolution (a) Аду municipal facilities or equipment adopted pursuant to Section 12.48.030 together installed under the supervision and to the satis- with a copy of this chapter, to affected property faction of the director of public works; owners as such are shown on the last equalized (b) Poles or electroliers used exclusively for assessment roll of Contra Costa County and to street lighting; the affected utilities.
inn
-307-
#H-2.
12.48.080
12.48.080 Responsibility of utility (d) Within the time specified in the notice, the companies. owner or occupant may request a hearing before If underground construction is necessary to • the director of public works. Such a request must provide utility service within a district created by be in writing and should set forth the reasons why any resolution adopted pursuant to Section the owner and/or occupant should be granted an
12.48.030 of this chapter, the supplying utility extension of time in order to comply with the shall furnish that portion of the conduits, con- notice requirements. ductors and associated equipment required to be (e) The director of public works shall conduct furnished by it under the applicable rules, regula- a hearing. Based upon what transpires at the tions and tariffs on file with the commission. hearing, the director of public works shall deter- mine whether or not a time extension shall be
granted.
12.48.090 Responsibility of property (f) If the director of public works determines owners. that a time extension should be granted to allow (a) Every person owning, operating, leasing, the owner and/or occupant time in which to occupying or renting a building or structure comply with the notice requirements, the direc- within a district shall perform construction and tor of public works shall so notify, in writing, the provide that portion of the service connection on owner and/or occupant and specify the time his property between the facilities referred to in within which the previous notice requirements Section 12.48.080 of this chapter and the termi- must be met. nation facility on or within said building or struc- (g) If upon the expiration of the thirty day ture being served. Said construction and service period specified in the original notice or the time connections shall be done in accordance with period specified in the notice sent after the hear- applicable rules, regulations and tariffs which the ing, the required underground facilities have not respective utility has on file with the commis- been provided, then the director of public works sion. If the above is not accomplished by any may forthwith proceed to do the work; provided, person within the time provided for in the reșolu- however, thạt if such premises are unoccupied tion enacted pursuant to Section 12.48.030 of and no electric or communication services are this chapter, the director of public works shall being furnished thereto, the director of public notity, in witing, the person in possession of works shall, in lieu of providing the required such premises (hereinafter referred to as "occu- underground facilities, have the authority to pant") and the owner thereof that the required order the disconnection and removal of any and underground facilities must be provided within all overhead service wires and associated facili- thirty days after receipt of such notice. ties supplying utility service to said property. • (b) The notice to provide the required under- Upon completion of the work by the director of ground facilities may be given either by personal public works, he shall file a written report with service.or by mail. If notice is given by mail, such the city council setting forth the fact that the notice shall be deemed to have been received by required underground facilities have been pro- the person to whom it has been sent within forty- vided and the cost thereof, together with a legal eight hours after the mailing thereof. description of the property against which such (c) The notice given by the director of public cost is to be assessed. The council shall thereupon works to provide the required underground facil- fix a time and place for hearing protests against ities shall particularly specify what work is the assessment of the cost of such work upon required to be done, and shall state that if said such premises. work is not completed within thirty days after (h) After the protest hearing date has been receipt of such notice, the director of public scheduled by the council, the director of public works may (1) provide such required under- works shall notify, in writing, the premises' ground facilities, in which case the cost and owner of the time and place that the council will expense thereof will be assessed against the hear protests against the assessment. Such notice owner of the property benefited, and/or (2) order shall be given ten days in advance of the protest the disconnection and removal of any and all hearing and shall set forth the amount of the overhead service wires and associated facilities proposed assessment. supplying utility service to the property bene- (f) Upon the date and hour set for the hearing fited. of protests, the council shall hear and consider 401
-308-
#H-2.
12.48:090
the report and all protests. Based upon the merits overhead structures to remove the same within of the protests, the council may make such revi- the time specified in the resolution enacted pur- sion, correction or modifications in the report as suant to Section 12.48.030 of this chapter. it may deem just, after which, by resolution, the 12.48.110 Extension of time. report as submitted or as revised, corrected or In the event that any act required by this chap- modified shall be confirmed. ter or by a resolution adopted pursuant to () The cost of providing the required under- Section 12.48.030 of this chapter cannot be per- ground facilities may be assessed by the council formed within the time provided on account of against the owner of the parcel of property bene- shortage of materials, war, restraint by public fited and such cost so assessed, if not paid within authorities, strikes, labor disturbances, civil diso- five days after its confirmation by the council, bedience or any other circumstances beyond the shall constitute a special assessment against the control of the actor, then the time within which owner of the parcel of property and shall be suich act will be accomplished shall be extended placed on the property tax assessment rolls main- for a period equivalent to the time of süch limita- tained by the Contra Costa County auditor. tions.
12.48.100 Responsibility of city. It shall be unlawful for any person to violate City shall remove at its own expense all city- any provision of this chapter. Any person falling owned equipment from all overbead structures to comply with any of this chapter's provisions required to be removed under this chapter in •shall be deemed guilty of a misdemeanor. ample time to enable the owner or user of such (Source: Ordinance No. 10-83 N.S.) ANT
-309-.