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HomeMy WebLinkAboutOrd 566-1967ORDINANCE NO. ~66 ESTABLISHING REGULATIONS AND PROCEDURES FOR THE REMOVAL OF POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES AND FOR THE UNDERGROUND INSTALLATION OF WIRES AND FACILITIES FOR SUPPLYING ELECTRIC, COMMUNICATION OR SIMILAR OR ASSOCIATED SERVICE IN DESIGNATED DISTRICTS. THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION I. 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: (a) "City" shall mean the City of South San Francisco, a .municipal corporation of the State of California. (b) "Commission" shall mean the Public Utilities Commission of the State of California. (c) "Council" shall mean the City Council of-City. (d} "Person" shall include individuals, firms, corporations, partnerships, and their agents and employees. (e) "Poles and overhead wires and associated overhead structures" shall mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, swi,tches, communication circuits, appliances, attachments ant appurtenances located aboveground upon, along, across or over the public streets, alleys and ways of City and used or useful in supplying electric, communication or similar or associated service. CENTF~AF. RECORDS FILE NO: ................ (f} "Utility~ Shall include all persons or entitles supply- ing electric, communication or similar or associated service b~ means of electrical materials or devices,. · SECTION 2, PUBLIC HEARING BY COUNCIL, The. Cotulcil may from time to time call public hearings to ascertain whether the public necessity~' health~ safety or welfare requires the removal of poles and overhead wires and associated .overhead structures from &ny public atreetS~ alleys or ways within designated areas of City and the underground installation of wires and ~acilities for supplying electric~ communioation~ or similar or associated service, The City Clerk shall notify all affected property owners and utilities by mail of the time and place of such hearings at least thirty (30) days prior to the date thereof, Each such hear- ing shall be open to the public and may.be co~tinued from time to time, At each such hearing all persons interested shall be given an opportunity to be heard, SECTION 3, ORDINANCE FoR REMOVAL OP OVERHEAD STRUCTURES AND UNDERGROUND INSTALLATION, If after any such public hearing the Council finds that the public neceasity~ health~ safety or welfare requires such removal and such underground tnstallation~ the Council bhall by ordinance order such removal and underground installation. The ordinance shall designate the public streets~ alleys or ways~ or porulons ~hereof~ from which such poles and overhead wires and associ- ated overhead.structures must be removed and such Underground '2-- ¸ installation made, and shall fix the time within which such work must be done.' A reasonable time shall be allowed for such removal' "and underground installation, having due regard for 'the availability of necessary labor~ materials and equipment for such removal and for the installation of such underground facilities as may be occasioned thereby. SECTION 4. UNLAWFUL ACTS. Whenever the Council orders the removal of poles and overhead wires and assOciated overhead structures as provided in Section 3 hereof, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain~ continue, employ or operate any pole, overhead wire or associated overhead structure in any public street, alley or way in the desig- nated area after the date when said overhead, facilities are required to be removed, 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 or the City Engineer of the undergroun~ work necessary for such owner or occupant to continue to receive utility service as provided in Sections 9 and 9.3 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provi4ed in this ordinance. SECTION 5. EXCEPTION, EMERGENCY OR UNUSUAL CIRCUMSTANCES. The .Council may grant special permission, on such terms as the Council may deem appropriate, in cases Of emergency or unusual -3- .circumstances without discrimination to any person or utility, to erect, construct, install, Maintain, use or operate poles and over- head wires and associated overhead structuresw notwithstanding any other provisions of this ordinance. SECTION'6. OTHER EXCEPTIONS. This ordinance shall not apply to the following types of facilities, (a) 'Poles' used exclusively for police and fire alarm boxes or any similar municipal equipment installed under the supervision and to the satisfaction of the City Engineer; (b) Poles and overhead wires and associated overhead structures used exclusively for street lighting; (c) Overhead wires (exclusive of supporting structures) cross-~ lng any portion of an area from which overhead wires have been pro- hibited, or connecting to buildings on the perimeter of such portion, when such wires originate in an area from which poles and overhead wires and associated overhead structures are not prohibited; (d) Overhead wires attached to the exterior surface of a bu£1d- lng by means of a bracket or other fixtures and extending from one location on the building to another location on the same building or uo an adjacent building without crossing any public street; (e) Radio antennae, their associated equipment and supporting structuresw'used by a utility for furnishing communication services; or (f) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal mounted terminal boxes and -4- meter cabinets, and concealed ducts. ' SECTION 7. NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES. Within ten (10) days after passage of an ordinance pursuant to Section 3 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the area designated in said ordinance of the adoption thereof. Said City Clerk shall further notify such affected property owners of the necessity that, if t~ey or any person occupying such property desire to continue to receive electric, communication, or other 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 ~ocation, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. Notification by said City Clerk shall be made by mailing a copy of said ordinance adopted pursuant to Section 3, together with a copy of this ordinance, to the affected utilities and to affected property owners as such are shown on the last equalized assessment roll of the County of San Mateo. SECTION 8. RESPONSIBILITY OF UTILITY COMPANIES. If underground construction .is necessary to provide utility service witkln the ar'ea designated by any ordinance adopted pursuant to Section 3 hereof, the supplying utility shall furnish that portion '5- 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. Underground construction by the utility shall be accomplished in accordance with established construction standards and in accordance with the rules'and regu- lati0n.s authorized by the Commission. SECTION 9. RESPONSIBILITY OF PROPERTY OWNER; NOTICE. Ail underground construction and conduits, conductors and associ- ated equipment necessary to receive utility service between the service facilities referred to in Section 8 and the service facilities in the building or structure being'served shall be pro- vided by the person owning, operating, leasing or renting said property, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. If the above is not accomplished by any person within the time provided for in the ordihance adopted pursuant to Section 3 hereof~ the Cizy Engineer shall give notice in writing to the person' in possession of such Premises, and'a notice in writing to the owner thereof, 'to provide the required underground facilities within ten (10) days after receipt of such noticel · .sECTION 9.1. SERVICE OF NOTICE. Notice pursuant to Section 9.hereof may be .gSven either by personal service or by mall. In case of service by mail, the notice must be deposited in the -6- 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 assess- ment roll of the ~County of San Mateo, and when no address appears, to General Delivery, City of South San Francisco. 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 forty-eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City .Engineer of the City shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on said premises.. SECTION 9.2. CONTENTS OF NOTICE. The notice given pur- suant to Section 9 hereof shall particularly specify what work is required to be done, and shall state that if said work is not com- pleted within ten (10) days after receipt of such notice the City Engineer of ~ity will provide such required underground facilities, in which cas~ the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. SECTION 9.3. PERFORMANCE OF WORK BY CITY; ASSESSMENT. If upoN the e~piration of the ten (10) day period specified in -7- Section' 9.2 hereof, 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 communication services are being furnished theret0~. the City Engineer may, ini. lieu of providing the required, underground facilities, oraer the disconnection of all existing connections used for furnishing electric and communication services to such premises. Upon completion of the work by the City Engineer, he shall file a written report with the 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. The Council shall thereupon fix a time and place for hearing protests against the assessment of the cost of suc~ work upon such premises, which said time shall be not less than tan (I0) days thereafter. SECTION 9.4. NOTICE OF ASSESSMENT. 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 to the owner thereof~ in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the Council will pass upon said report of the City Engineer and will hear protests .against.such assessment. Such notice shall also set forth the amount of the proposed assessment. -8- SECTION 9.5' HEARING AND CONFIRMATION OF ASSESSMENT. Upon the date and hour set for the hearing of protests~ the COunci1 shall hear and consider the report and all protests,~if there be any, and then proceed .to affirm, modify Or reject the assessment. SECTION 9.6. ASSESSMENT AS LIEN. If any assessment is not paid within five (5) 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 for City 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 assessment was not paid. Said assessment shall be due and payable 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 (6%') per annum. SECTION 10. RESPONSIBILITY OF CITY. City shall remove at its own expense all City-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 ordinance.adopted pursuant to Section 3. -9- SECTION 11. EXTENSION O~ TIME. In the event that any act hereby'required' of any party herein r~ferred'to cannot be performed within the time herein provided on account of shortage of materials~ war~ restraint by public authori'tiesf strikes, labor' disturbances or any other circumstances beyor~ 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 limitations. '. SECTION 12. PENALTY. It shall be unlawful for any person to violate any provision or to fail to comply with any of the re- quirements of this ordinance. Any person violating any provision of this ordinance or failing to comply with any of its require~ents shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months~ or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portion of which any violation of Jany of the provisions of this ordinance is committed~ continued or permitted by such person, and shall be punishable therefor as provided for in this ordinance. SECTION 13. CONSTITUTIONALITY. If any section, sub- section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of ~he remaining portions of this ordinance. The Council hereby'declares that it would.have passed the ordinance and e~ch -10- section, subsection, sentence, clause or phrase thereof, irrespec- tive of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 14. PUBLICATION. The City Clerk is hereby directed to cause this ordinance to be published by one insertion in the Enterprise-Journal, a newspaper of general circulation printed, published and circulated in City and hereby designated for that purpose bY the Council. San Francisco at a regular City of South San Francisco this 19 9~_, by uhe following vote: AYES, COUNCILMEN SECTION 15. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30)'days from and after its adoption. Introduced this 17th day of July , 19 67 . Passed and adopted as an ordinance of the City of South meeting of the City Council of the 7th day of August , II NOES, ABSENT, " approve the foregoing ordinance this Patrick E'. Ahem, Frank J. Bertucelli, Emilio Cortesi, Andrew Rocca and Guido J. Rozzi None None As Mayor of ~he City of South San Francisco, I do hereby day of August , 19~7'·