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Home My WebLink About0673L ORDINANCE NO. 673 (1976 Series) AN ORDINANCE AMENDING CHAPTER 4 OF ARTICLr VIII (UNDERGROUND UTILITIES) OF THE SAN LUIS OBISPO MUNICIPAL CODE, TO MODIFY NOTIFICATION PROCEDURES TO PROPERTY OWNERS AND UTILITY COMPANIES, TO PROVIDE FOR REMOVAL OF OVERHEAD WIRES AND RE- LATED FACILITIES ON PRIVATE PROPERTY WHEN PROPERTY OWNERS FAIL TO COMPLY WITH A REMOVAL ORDER, AND TO DESIGNATE A PROJECT COORDINATOR, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1, That Sections 8400,6, 8400,8, 8410 and 8410,1 of Chapter 4, Article VIII of the San Luis Obispo Municipal Code shall be and the same are hereby repealed. SECTION 2. That the following sections shall be and the same are hereby added to the San Luis Obispo Municipal Code (Text attached): SECTION 3, This Ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passage, in the Telegram- Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED TO PRINT at a Regular Council Meeting on the 17th day of May , 1976, on motion of Councilman Norris seconded by Councilman Graham f , and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Detterson and Mayor Schwartz NOES: 1-lone ABSENT: None ATTEST: City Clerk S ARTICLE VIII CHAPTER 4, UNDERGROUND UTILITIES INDEX SECTION 8400 DEFINITIONS 8400.1 - UNDERGROUND SERVICE AREA 8400.2 CREATION OF UNDERGROUND UTILITY DISTRICTS 8400.2.1 - UNDERGROUND UTILITY DISTRICTS 8400.3 - UNLAWFUL TO MAINTAIN POLES, ETC. 8400.4 - EXCEPTION BY SPECIAL PERMISSION 8400.5 - EXCEPTIONS 8400.6 - NOTICE TO UTILITY COMPANIES 8400.6.1- UTILITY COMPANIES 1ST LIST OF SUBSCRIBERS 8400.6.2- 1ST NOTICE TO PROPERTY OWNERS & UTILITY SUBSCRIBERS 8400.6.3- UTILITY COMPANIES 2ND LIST OF SUBSCRIBERS 8400.6.4- 2ND NOTICE. TO PROPERTY OWNERS AND UTILITY SUBSCRIBERS 8400.7 - UNDERGROUND CONSTRUCTION 8400.8 - RESPONSIBILITY OF PROPERTY 0141JERS 8400.9 - OBLIGATION OF CITY 8400.10 - FORCE MAJEURE 8400.11 - PROJECT COORDINATOR 8400.12 - COST QUOTATIONS FOR CONTRACT WORK. i SECTION 8400.6. NOTICE TO UTILITY COMPANIES. Within fifteen (15) days after the effective date of an ordinance adopted pursuant to Section 8400.2 hereof, the City Clerk shall notify all affected utility companies of the adoption of the ordinance creating an underground utility district. Notification by the City Clerk shall be made by mailing a copy of said ordinance, together with a copy of this Chapter. SECTION 8400.6.1. UTILITY COMPANIES 1ST LIST OF SUBSCRIBERS. Within fifteen (15) days after receipt of the notice of the creation of an underground utility district, the utility companies with overhead wiring and related facilities shall send to the City Clerk of the City of San Luis Obispo, a list of all subscribers to utility service within or affected by the District created by said ordinance. SECTION 8400.6.2. 1ST NOTICE TO PROPERTY 01-INERS AND UTILITY SUBSCRIBERS. Within fifteen (15) days after receipt of the list of subscribers from the utility companies, the City Clerk shall notify such subscribers and affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or 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 location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission and to the requirements of State laws and City ordinances. Notification by the City Clerk shall he made by mailing a copy of said ordinance adopted pursuant to Section 8400.2, together with a copy of this Chapter, to affected property owners as such are shown on the last equal- ized assessment tax roll of the County of San Luis Obispo and /or to all subscribers to utility service as such are shown on the list of subscribers furnished by the utility companies. Notice shall be by Certified Mail, Return Receipt. SECTION 8400.6.3. UTILITY COMPANIES 2ND LIST OF SUBSCRIBERS. Upon completion of the installation of all underground conduit, but not later than six (6) months prior to the final completion date for under - grounding all overhead wiring and related facilities, the utility companies concerned shall send to the City Clerk of the City of San Luis Obispo, an updated list of all subscribers to utility service within or affected by the District created by said. ordinance. SECTION 8400.6.4. 2ND.NOTICE TO PROPERTY OWNERS AND UTILITY SUBSCRIBERS. Within fifteen (15) days after receipt of the update list of subscribers from the utility companies, the City Clerk shall notify such subscribers and affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communi- cation, or similar or associated service, they or such or_ctipant shall provide all necessary facility chan;;es on their premises so as to receive such service from the lines of the supplying utility or utilities at the new location within fifteen (15) days from receipt of the notice. - 1 - This notice shall serve as the notice called for in Section 8400.8(a). (Responsibility of Property Owners). Said notice shall be by Certified Mail, Return Receipt. SECTION 8400.8, RESPONSIBILITY OF PROPERTY OWNERS. (a) Every person owning, operating, leasing, occupying or renting a building or structure within an underground utility district estab- lished pursuant to Section 8400.2.1, shall perform construction to provide that portion of the service connection on. his property between the facilities referred to in Section 8400.7 and the termin- ation facility on or within the building or structure being served, all in accordance with applicable rules, regulations and tariffs of the respective utility or utilities on file with the California Public Utility Commission. If -the above is not accomplished within the time provided for in the ordinance enacted pursuant to Section 8400.2.8, the City Clerk shall give notice, in writing to the owner thereof, as shown on the last equalized assessment roll, and to all subscribers to utility service as such are shown on the list of subscribers fur- nished by the utility companies, to provide the required underground facilities within thirty days after receipt of such notice. (b) The notice to provide the required underground utilities may be given by personal service or by mail. In case of service by mail on either of such persons, the notice must be deposited in the 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 and subscriber thereof as such name appears, and must be addressed to such owner's or subscriber's last known address as the same appears on the last equalized assessment roll and /or subscriber's list, and when no address appears, to General Delivery, City of San Luis Obispo. 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 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Clerk shall, within forty -eight hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises. (c) The notice given by the City Clerk to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if the work is not completed within thirty days after receipt of such notice, the City will install such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. (d) If upon the expiration of the thirty day period, the said required underground facilities have not been provided, the City Clerk shall forthwith proceed to have the work done, provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Clerk shall, in lieu of pro - viding the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property. - 2 - Upon completion of the work, the City Clerk shall file a written re- port with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, to- gether 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 such work upon such premises, which said time shall not be less than ten days thereafter. (e) The City Clerk 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, to the utility subscriber, and 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 such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. (f) Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment. (g) If any assessment is not paid within five 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 Clerk, and the City Clerk is directed to turn over to the assessor and tax collector a notice of lien on each of the properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time as the property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of eight percent per year. SECTION 8400„11. PROJECT COORDINATOR. (a) Designation. The City Engineer, Department of Community Development, City of San Luis Obispo, is hereby appointed as project coordinator. (b) Responsibilities; The Project Coordinator shall provide liaison be- tween the City and property owners, subscribers, and utility companies. He shall assist the City Clerk in the enforcement of Section 8400.8, by notifying the City Clerk of those properties which have not complied with said section, and by obtaining quotations from electrical contractors when it becomes necessary for the City to have the work accomplished, resulting from the property owners failure to do so. The Project Coordinator shall keep a record of all cost incurred by the City in undergrounding utilities on private property and shall report said costs to the City Clerk upon completion of the work. SECTION 8400.12. COST QUOTATIONS FOR CONTRACT WORK. A minimum of three (3) firm quotations shall be obtained from licensed electrical contractors doing business within the City of San Luis Obispo for each parcel or lot to be undergrounded pursuant to Section 8400.8. The low bidder shall be awarded the bid subject to the approval of the City Clerk and City Council. - 3 - xS1 w FINALLY PASSED this 7th day of by the following roll call vote: i�- June , 19 76 , AYES: Councilmen Gurnee, Norris, Petterson and Mayor Schwartz NOES: None' ABSENT: Councilman Graham ATTEST: Y CLERK J.H. FITZPATRICK