Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.04 PARK AND RECREATION AREA USE
12.04.010 Hours of use.
It is unlawful for any person to enter, loiter or remain in or upon any city park, playground, par course or other park or recreational facility at any time between ten p.m. and six a.m., except as may be otherwise posted at the entrance to the facility or as designated by the parks and recreation department director or designee. The city manager or designee may close parks to public use if he or she deems it necessary due to unsafe conditions, such as extreme fire danger.
12.04.020 Alcoholic beverages.
No person shall serve, or caused to be served, consume or possess alcoholic beverages of any kind within the boundaries of land or within a building owned, managed, controlled or operated, as a city park, playground, or other park and recreational facility without first obtaining a permit from the city, except in areas designated by signage as a picnic area. Other than designated picnic areas, the parks and recreation director, or designee may, at his or her discretion, issue permits for the use, service or consumption of alcoholic beverages only at certain park and recreational facilities owned and operated by the city. Any permit issued may, at the discretion of the parks and recreation director or his or her designee, contain conditions as to the type and amount of beverages to be served, number of persons, time and place, security precautions, and any other conditions reasonably related to the maintenance of the public health and safety. When alcoholic beverages are being served pursuant to such a permit, the permit shall be on the premises and available for inspection by any authorized city employee.
12.04.030 Restrooms, portable toilets.
It is unlawful for any person to fail to cooperate in maintaining restrooms and portable toilets in a neat and sanitary condition, or use such facilities for purposes other than those intended.
12.04.040 Fires.
No person, other than one acting under authorization, direction or permission of a city staff designee, shall build, light, kindle or maintain any open or outdoor fire at any city park, playground, or other park or recreation facility except in areas or facilities specifically built and designated for this purpose.
12.04.050 Skateboard use.
(A) Skateboards are allowed on city sidewalk areas, open space surfaced trails or paths unless otherwise prohibited or on the designated skate park. No person may ride a skateboard upon any other park or city facility, including, but not limited to, tennis courts, basketball courts, parking lots, or playground areas.
(B) It is unlawful for any person to ride a skateboard in a city skate park designated and maintained for recreational skateboard and in line skating use unless that person is wearing a helmet, elbow pads and knee pads.
12.04.051 Skate park use—Use of or trespass at skate park when closed.
(A) No person shall use, remain in or around or enter into the area designated as a skate park during closed hours which are specifically designated in posted skate park rules.
(B) No person shall ride a skateboard or in line skate in the skate park except while wearing a helmet, elbow pads and knee pads.
(C) No person shall use the skate park for any purpose other than skateboarding and in line skating. Bicycles, scooters, and motorized equipment are prohibited unless specifically authorized by city council.
(D) For the purposes of this section, the term "skate park" means the designated fenced area containing ramps, rails and equipment located north of the American Canyon Community Center.
(E) This section does not apply to any duly authorized city employee.
(F) Within the skate park, it is unlawful for any person to use or possess glass containers, alcoholic beverages, illegal drugs, or tobacco products.
(G) Unauthorized ramps, jumps, equipment or obstacles may not be brought to the skate park or used at the skate park.
(H) Organized events, lessons and contests not sponsored by the city of American Canyon require a city facility use permit.
(I) Any person who violates this section is guilty of an infraction and upon conviction thereof shall be punished as provided in law.
12.04.060 In line skating.
In line skating is allowed in the designated skate park and on city sidewalk areas only. No person may in line skate upon any other park or city facility unless designated for such use by the city manager or designee.
12.04.070 Animals.
"Animal" means any wild or domestic animal, poultry, bird, reptile, dog, horse or other creature.
(A) No dog shall be permitted to run at large upon land owned, managed, controlled or operated as a city park, playground, par course or other recreational area and facility. All dogs must be leashed whenever upon land or facilities owned, managed, controlled or operated as a city park, playground, par course or other recreational area and facility, except in designated voice control areas. Dogs must be under "effective voice control" defined as a person's dog responds immediately to single commands in a trained and obedient manner.
(B) It is unlawful for any person who owns, harbors or keeps, or who has possession, charge, care, custody or control of any dog or other animal to negligently permit said animal to run at large upon any city park or recreation area.
(C) Upon land owned, managed, controlled or operated as a city park, playground, par course or other recreational area or facility, any person who owns, harbors or keeps, or who has possession, charge, care, custody or control of any dog or other animal is required to remove and properly dispose of all solid animal waste.
(D) This section shall not apply to persons who are blind, deaf or physically disabled, who shall have the right to be accompanied by a specifically trained assistance dog.
12.04.080 Glass containers.
Within the limits of any existing or future park, playground area in the city, or open space, it is unlawful for any person, firm, or corporation, to use or possess any glass containers within the boundaries of the park or playground area, or open space without prior city permission.
12.04.090 Playing or practicing golf.
No person shall drive, putt or in any other fashion play or practice golf or use golf balls or golf clubs within any city park, playground or other park or playground facility.
12.04.100 Throwing dangerous objects.
It is unlawful for any person to throw or discharge any stones, wood, sand or other objects or substances that may cause injury to persons or property in any city park, playground or other recreational facility or into any swimming pool, onto a pool deck, or onto or in any pool building.
12.04.110 Use of vehicles.
(A) It is unlawful for any person to ride or drive any vehicle within any city park, open space, playground or other recreation area, par course, power line easements, or on medians, unless designated for that purpose, without permission of the city manager or designee.
(B) It is unlawful for any person to operate or drive an automobile, bicycle, motorcycle, truck, motor scooter, or other conveyance on roads or paths not designated for that purpose. Motorized vehicles are not permitted on the par course.
(C) No person shall park, abandon or otherwise be allowed to remain within any city park, open space, playground, or other facility any automobiles or other conveyances between dusk and dawn except as authorized through the city manager or designee.
(D) It is unlawful for any person to wash or repair any automobile or other conveyance within any city park, open space, playground, or other facility without the permission of the city manager or designee.
12.04.120 Refuse, trash, litter.
It is unlawful for any person to dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse in a place other than in the receptacles provided therefor. Dumping of home furniture, home-generated yard waste and trash is unlawful.
12.04.130 Decorations.
No person shall attach to any park facility, materials, devices or equipment for the purpose of decorating that facility or for any similar purpose without first obtaining permission from the city manager or designee.
12.04.140 Wearing shoes.
No person shall wear shoes or foot covering that will damage, injure or create the need for excessive maintenance on any field, park, turf or specialized surface prepared for particular activities. In areas posted with a sign specifying footwear authorized or approved, it is unlawful for any person to enter any such area in other than the footwear so required.
12.04.150 Park and facility reservation system.
In accordance with the park and facility reservation system, any person using an area or building subject to reservation must immediately leave upon being shown a park reservation permit and/or the posted notice of reservation for that time and facility.
12.04.160 Gambling.
No gambling of any kind or description shall be permitted within the boundaries of land owned, managed, controlled or operated as a city park, playground, or other park or playground facility, without prior city permission.
12.04.170 Damaging, tampering with property.
(A) It is unlawful for any person to mark, deface, disfigure, injure, tamper with, displace or remove any building, bridge, table, bench, barbeque, playground equipment, fence, gate, or other structures or equipment, facilities, or city park or open space property or appurtenances whatsoever, either real or personal, including, but not limited to, wood or other pieces of trees, or vegetation.
(B) It is unlawful for any person to engage in any actions or conduct injurious to or to injure in any manner any trees, shrubs, plants, flowers, or other property in any city park, open space, playground or other recreation area or facility.
(C) It is unlawful for any person to misuse, damage, cut, carve, transplant or remove any tree, plant, wood, turf or groundcover, or pick the flowers or seed of any tree or plant, or attach any rope, wire or other object to any tree or plant within any city park, open space, playground or recreational area, except as authorized by the city manager or designee.
12.04.180 Amplified music.
The use of sound amplifying equipment in or upon any park shall be subject to the following regulations:
(A) The only sounds permitted shall be either music or human speech, or both;
(B) Sound amplifying equipment shall be operated upon parks only between dawn and dusk, except as may be otherwise posted at the entrance to the facility or as designated by the city manager or designee.
(C) The sound emanating from sound amplifying equipment shall be in accordance with the American Canyon Municipal Code, Chapter 8.12, Community Noise, Section 5811.
12.04.190 Vendor sales.
It is unlawful to sell, peddle or to offer for sale any food, liquids, edibles for human consumption, or any goods, wares, services or merchandise within city parks, playgrounds and recreation areas, except under permit issued by the city manager or designee, and subject to such laws and regulations as may now or hereafter exist.
12.04.200 Disorderly conduct.
No disorderly conduct, excessive noise, riot or breach of the peace shall be permitted in any city park, ground, swimming pool or park or recreational building or facility. This section shall not apply to activities or expression which are protected or authorized by the federal or state constitution.
12.04.210 Restrictions in posted areas.
The parks and recreation director shall have the authority to adopt reasonable regulations regarding the types of activities which may be conducted in city parks, open space, grounds, buildings, swimming pools, hardscape, landscape, or other park and recreation areas, and to post signs authorizing or prohibiting such activities in the designated areas. No person shall play any game, hobby, sport or otherwise engage in any activity in any public park, ground, building, swimming pool, hardscape, landscape or other park and recreation area or facility in which a sign notifying the public that such activity is prohibited has been posted by the parks and recreation services director or designee.
12.04.220 Trail use—Regulations.
(A) All persons and their pets shall remain on mapped and designated trails or areas.
(B) Smoking is prohibited except at designated areas.
(C) No person shall bring into, carry, or use in any way on the trails any firearm, air gun, pellet gun, or other weapon of any kind, or any instrument or device designed for or capable of hurling projectiles or missiles, or any fireworks or explosives of any kind except as otherwise permitted by state and federal law and persons with a valid permit to carry a weapon.
(D) Hunting and access to hunting is prohibited.
(E) All wildlife, plants, and natural objects shall be left undisturbed.
(1) No person shall move, remove, damage, deface or in any way molest or construct or alter any wildlife including trees, plants, shrubs, rock, soil, turf, wildflowers or wildlife, alive or dead, unless approved by the parks and recreation director.
(2) No person shall release any domesticated or wild animal, plant, flower, tree, seed, or other vegetation on trails.
(3) No person shall move, remove, damage, deface or in any way molest or construct or alter any geologic, archaeological, or historic object.
(4) No person shall disturb livestock or grazing animals.
(F) Fishing is permitted in the Napa River, but is not allowed in any pond or lake.
(G) Equestrian Use.
(1) Pedestrians and bicyclists shall yield to horses. Equestrians shall use caution when approaching or overtaking another person and shall make their presence known well in advance to the person.
(2) Equestrian use is permitted on trails or trail areas specifically designated for that use.
(3) Equestrians shall maintain control and speed of their animal at all times.
(4) Equestrians are encouraged to wear a helmet while riding.
(H) All or portions of the trails may be closed at any time due to maintenance and/or emergency needs. No person shall use, remain in, or enter a trail when it is posted as closed.
(I) Hand launch boats (canoes, kayaks, rafts, paddle boards, etc.) are permitted in the Napa River. Hand launch boats are not allowed in any pond or lake, unless associated with a designated launch site.
(J) Bicycle Use.
(1) Bicyclists shall yield to pedestrians and horses. Bicyclists shall use caution when approaching or overtaking another person and shall make their presence known well in advance to the person.
(2) Bicycle use is limited to designated trails. Off-trail riding is prohibited.
(3) Bicycles must obey posted speed limits.
(4) Bicyclists shall maintain control and speed of the bicycles at all times.
(5) Bicyclists shall wear a helmet in accordance with California Vehicle Code Section 21200 et seq.
12.04.221 Trail use—Enforcement.
Pursuant to American Canyon Municipal Code Section 1.24.010 violation of any trail use regulation shall constitute an infraction unless such violation is specifically designated.
12.04.230 Tobacco use in city parks.
In city parks and recreation facilities, the use of tobacco products including but not limited to cigarette smoking, use of electronic cigarettes or similar nicotine delivery devices and use of smokeless tobacco is prohibited. Parks and recreation facilities is defined as parks, landscaped trail areas, landscape areas proximate to recreation facilities including the Philip West Aquatic Center, Senior Multiuse Center, Recreation Center, Community Gym and any other similar facilities.
In addition to common municipal code violation practices, violators of this chapter shall be referred to a local anti-smoking program.
The parks and recreation director may authorize the creation of designated smoking areas for events lasting longer than four hours.
12.04.231 Tobacco use in city parks—Enforcement.
Pursuant to American Canyon Municipal Code Section 1.24.010, violation of tobacco use in city parks constitutes an infraction unless such violation is specifically designated.
Chapter 12.06 CAMPING UPON PUBLIC PROPERTIES
12.06.010 Purpose.
The streets and public areas within the city should be readily accessible and available to the residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for which they were intended. Such activity can constitute a public health and safety hazard which adversely impacts neighborhoods and commercial areas. Camping on public property without proper sanitary measures adversely affects the public health, safety, and welfare of the city and interferes with the intended use and enjoyment of public property. The purpose of this chapter is to maintain streets, parks, and other public areas within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the city. Nothing in this chapter is intended to interfere with otherwise lawful and ordinary use of public or private property.
12.06.020 Definitions.
For purposes of this chapter, the following words and phrases shall have the meaning set forth in this section, unless the context otherwise clearly requires.
"Camp" means to:
1. Establish, maintain, operate, place, pitch or occupy camp facilities;
2. Live temporarily in a camp facility or outdoors; or
3. Use camp paraphernalia in a camp facility or outdoors.
"Camp facilities" include, but are not limited to, tents, huts, temporary shelters, camper trailers, motor homes, or vehicles, as defined by California Vehicle Code Section 670.
"Camp paraphernalia" includes, but is not limited to, bedrolls, tarpaulins, cots, beds, sleeping bags, hammocks or other sleeping equipment or any cooking equipment.
"City" means the city of American Canyon.
"City manager" means the city manager of the city, the acting city manager, or the city manager's designee.
"Establish" means setting up or moving equipment, supplies or materials on to public property to camp or operate camp facilities.
"Maintain" means keeping or permitting equipment, supplies or materials to remain on public property in order to camp or operate camp facilities.
"Operate" means participating or assisting in establishing or maintaining a camp or camp facility.
"Parks" means and includes all parks, parkways, trails, malls, plazas, greenbelts, gardens, lakes, and any other property owned by the city, including structures thereon, and used, operated, or maintained for recreational purposes whether passive or active. The term "park" also includes all off-street parking areas which are used or intended to be used in connection therewith. The term "owned" includes any property interest under which the city department of community services operates, maintains, or controls said property. The term also includes any property owned or kept by the city as open space, including undeveloped sites for future parks.
"Public property" means all public property, including, but not limited to, streets, sidewalks, bridges, alleys, improved or unimproved land, buildings, parking lots, streams, waterways, rights-of-way, trails, and parks.
"Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
"Street" means a street, avenue, highway, alley, way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.
12.06.030 Unlawful camping.
(A) It is unlawful and a public nuisance for any person to camp, either overnight or on a day-to-day basis, on any public property.
(B) The city manager may, as provided in Section 12.06.050 of this chapter, issue a temporary permit to allow camping on public property in connection with a special event.
(C) A violation of this section is a misdemeanor. In addition to the remedies set forth in Penal Code Section 370, the city attorney may institute civil actions to abate a public nuisance under this chapter.
12.06.040 Storage of personal property on public property.
(A) It is unlawful and a public nuisance for any person to store personal property, including camping facilities and camping paraphernalia, on any public property, except as otherwise provided by resolution or ordinance of the city council.
(B) A violation of this section is a misdemeanor. In addition to the remedies set forth in Penal Code Section 370 the city attorney may institute civil actions to abate a public nuisance under this chapter.
(C) This section shall not apply to vehicles that are stored consistent with City Code Section 10.32.030, so long as such vehicles are not being occupied on an overnight or day-to-day basis for camping or sleeping purposes.
12.06.050 Permit for special events required.
(A) The city manager may, in his or her discretion, issue a permit to establish, maintain and operate a camp or a camp facility in connection with a special event. A special event is intended to include, but not be limited to, programs operated by the departments of the city, youth or school events, marathons or other sporting events and scouting activities. The city manager may consult with various city departments, the health officer and the public prior to issuing any temporary permit. Each department or person consulted may provide comments regarding any health, safety or public welfare concerns and provide recommendations pertaining to the issuance, denial or conditioning of the permit. A reasonable fee, to be set by the city council shall be paid, in advance, by the applicant. The fee shall be returned if the application is denied. In exercising his or her discretion to issue a temporary permit, the city manager may consider any facts or evidence bearing on the sanitary, health, safety and welfare conditions on or surrounding the area or tract of land upon which the proposed temporary camp or camp facility is to be located.
(B) Any person who establishes, maintains or operates a camp or camp facility without a permit is guilty of a misdemeanor and constitutes a public nuisance. In addition to remedies provided in Penal Code Section 370 the city attorney may institute civil actions to abate a public nuisance under this chapter.
12.06.060 Posting copy of permit.
It is unlawful for any person to establish, maintain, conduct or carry on any camp or camp facility unless there shall be at all times posted in a conspicuous place upon the area or tract of land upon which the camp or camp facility is located a permit obtained from the city manager in accordance with the provisions of Section 12.06.050 of this chapter.
12.06.070 Power of the city manager to make rules and regulations.
The city manager is further empowered to ascertain that the operation or maintenance of any camp or camp facilities to which a temporary permit shall apply will in no way jeopardize the public health, safety or welfare and for this purpose may make additional rules and regulations pertaining to their establishment, operation or conduct. The city manager may also impose conditions on the establishment, maintenance and operation of the camp or camp facility, including, but not limited to, security, sanitation facilities, the number of occupants, posting of bonds or deposits, insurance, quiet hours, duration of the permit, and permitted activities on the premises. When the city manager shall issue any permit under the terms of Section 12.06.050 of this chapter, the same may be revoked at any time thereafter by the city manager if the city manager becomes satisfied that the maintenance or continuing operation of the camp or camp facilities is adverse to the public health, safety and welfare.
12.06.080 Current ordinance provisions.
Neither the adoption of the ordinance codified in this chapter nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect.
Chapter 12.08 UNDERGROUND UTILITY DISTRICT
12.08.010 Definitions.
For the purpose of this chapter certain words and phrases are defined as provided in the following subsections:
"Commission" means the Public Utilities Commission of the state of California.
"District" or "underground utility district" means that area in the city within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in Section 12.08.020 of this chapter.
"Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees.
"Poles," "overhead wires" and associated overhead "structures" mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located aboveground within a district and used or useful in supplying electric, communication or similar or associated service.
"Utility" means and includes all persons, agencies, and entities, public or private, supplying by means of electrical materials or devices, any electric, communication or similar or associated service, including any such service supplied only to departments or divisions of the supplier.
12.08.020 Establishment.
(A) Council Hearing. The council may from time to time call a public hearing 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 city and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service.
(B) Notice. The city 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 hearing at least ten days prior to the date thereof.
(C) Conducting of Hearing. Each such hearing shall be open to the public and may be continued from time to time. At such hearing all persons interested shall be given an opportunity to be heard. The decision of the council shall be final and conclusive.
(D) Report. Prior to holding such public hearing, the public works director shall consult all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities' participation and estimates of the total cost to the city and affected property owners. Such reports shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.
(E) Council Designation of District. If, after any such public hearing the council finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installations. Such resolution shall include a description of the area comprising such district and shall fix the time 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.
(F) Notice of Establishment. Within ten days after the effective date of a resolution adopted pursuant to this section, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. Said city 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 or associated service, they or such occupant shall prior to the date specified in said resolution, 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 the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.
(G) Notice of Establishment Method. Such notice by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to this section, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
12.08.030 Prohibitions and exceptions.
(A) Unlawful Acts. Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 12.08.020 of this chapter, it shall be 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 the overhead facilities are required to be removed by such resolution, except as the 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 12.08.040(B) and for such reasonable time required to remove the facilities after the work has been performed and except as otherwise provided in this chapter.
(B) Exceptions. Notwithstanding the provisions of this chapter, in order to provide emergency service temporary overhead facilities may be installed and maintained for a period not to exceed ninety days. Any person installing such temporary overhead facilities shall, as soon as practicable, notify the director of public works of any such temporary overhead facility to be relocated and so maintained as he may deem necessary to prevent unnecessary interference with vehicular traffic or undue hazard to the public safety.
(C) Other Exceptions. This chapter shall not apply to the following types of facilities:
(1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the director of public works;
(2) Poles, or electroliers used exclusively for street lighting;
(3) 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 originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;
(4) 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;
(5) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location of the building to another location on the same building or to an adjacent building without crossing any public street;
(6) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;
(7) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts;
(8) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction project.
12.08.040 Responsibility.
(A) Utility Companies. If underground construction is necessary to provide utility service within a district created by Section 12.08.020, the supply utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulation and tariffs on file with the Commission.
(B) 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 subsection A and the termination facility on or within the building or structure being served. If the above is not accomplished by any person within a reasonable time pursuant to the above, the director of public works shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within thirty days after receipt of such notice, all in accordance with the application rules, regulation and tariffs of the respective utilities on file with the Commission.
(C) City. The 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 a reasonable time.
12.08.050 Performance.
(A) Notice. The notice to provide the required underground facilities may be given either by personal service or by mail. In the 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 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 assessment roll, and when no address appears, to General Delivery, city of American Canyon. 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 director of public works 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.
(B) Notice—Content. The notice given by the director of public works 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 director of public works will provide 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.
(C) Performance by City. If upon the expiration of the thirty-day period, the required underground facilities have not been provided, the director of public works shall forthwith proceed to do the work; provided however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the director of public works shall in lieu of providing 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.
(D) Cost Report. Upon completion of the work by the director of public works, he shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof including administrative overhead, 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 such work upon such premises, which said time shall not be less than ten days thereafter.
(E) Notice of Hearing. The director of public works shall, 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 thereof to the owner thereof, in the manner hereinabove provided for the giving of 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) Hearing on Report. Upon the date and hour set for the hearing of protests the council shall hear and consider the report and all protests, if there are any, and then proceed to affirm, modify or reject the assessment.
(G) Collection of Cost. 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 director of public works, and the director of public works 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 six percent per year.
(H) Time Extension. In the event that any act required by this chapter 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.