Diamond Bar Municipal Code Div. 1 Generally

This chapter shall be known as and may be cited as the "undergrounding of utilities ordinance."

(Ord. No. 14(1989), § 2(16.32.010), 6-27-89)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commission means the state public utilities commission.

Commissioner means the director of public works of the city, or his authorized deputy, agent, representative or inspector.

Director means the director of public works of the city, or his authorized agent, representative or inspector.

Electric or communication facilities mean poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances used or useful in supplying and maintaining electric, communication, television or radio signals, or similar or associated service.

Overhead electric or communication facilities mean electric or communication facilities located principally above the surface of the ground.

Person includes any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, city, public corporation, municipal corporation, political subdivision, district, and their agents and employers.

Underground electric or communication facilities mean electric or communication facilities located principally below the surface of the ground.

Underground utility district or district means an area within the city within which overhead electric or communication facilities are prohibited as such area is described in an ordinance adopted pursuant to the provisions of section 13.04.030.

Utility means all persons or entities supplying, operating, or maintaining electric, communication, television or radio signals, or similar or associated service, by means of electric or communication facilities.

(Ord. No. 14(1989), § 2(16.32.030(B)—(F), (H)—(J)), 6-27-89)

Cross reference— Definitions generally, § 1.00.070.

(a) When the city council, from time to time, after consultation with the utility affected, and after holding public hearings on the subject, finds that either or both of the following are in the general public interest:

(1) Existing overhead electric or communication facilities presently located within certain designated areas, or sections thereof, of the city should be removed and replaced with underground electric or communication facilities; and

(2) Any future or new electric or communication facilities located within certain designated areas, or sections thereof, of the city should be underground electric or communication facilities;

it may, by resolution, declare such designated areas, or sections thereof, an underground utility district, and may, by resolution, add to, modify, amend or delete certain designated areas, or sections thereof, from existing districts. Each amendment shall include a description of the area, or sections thereof, comprising the district, or sections thereof, affected by the particular amendment.

(b) The city council's findings may be based on one or more of the following reasons:

(1) Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric or communication facilities.

(2) Such designated areas, or sections thereof, are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic.

(3) Such designated areas, or sections thereof, adjoin or pass through civic areas or public recreation areas or areas of unusual scenic interest to the general public.

(4) Overhead electric or communication facilities within such designated area have been or will be converted to underground locations. Therefore, additional or new electric or communication facilities thereafter installed in the area after such conversion has been completed should be underground to conform to the undergrounding pattern.

(Ord. No. 14(1989), § 2(16.32.060), 6-27-89)

Upon receipt of a written notice to do so from the commissioner, utilities supplying, operating or maintaining overhead electric or communication facilities in a district shall, within the time required by the notice, commence and diligently prosecute to completion work to remove and replace existing overhead electric or communications facilities located in the section of the district specified in the notice, with underground electric or communication facilities.

(Ord. No. 14(1989), § 2(16.32.070), 6-27-89)

At the same time as the notice to utilities provided for in section 13.04.040 is sent, the commissioner shall also send written notice to the affected property owners within the district, advising them of their responsibility as set forth in section 13.04.100. Such notice shall be mailed to the owner as shown on the last equalized assessment roll of the county.

(Ord. No. 14(1989), § 2(16.32.080), 6-27-89)

Upon receipt of an application in writing therefor from the utilities or any person having the responsibility set forth in section 13.04.100, stating the reasons for the request and the facts upon which such reasons are based, the commissioner may revoke, amend or modify the notice referred to in section 13.04.040 if he finds that hardship or injustice to the utilities or such persons would result, or if the general public interest would be adversely affected if the utilities were required to comply with the terms of the notice.

(Ord. No. 14(1989), § 2(16.32.090), 6-27-89)

This chapter shall, unless otherwise provided herein, not apply to the following types of facilities:

(1) Any county facilities or equipment installed under the supervision and to the satisfaction of the commissioner;

(2) Poles or electroliers used exclusively for street lighting;

(3) Overhead wires, exclusive of supporting structures, crossing any portion of such district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of such district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

(4) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and from one location on the building to another location on the same building or to an adjacent building without crossing any public street;

(5) Antennas, associated equipment and supporting structures used by a utility for furnishing communication services;

(6) Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts; and

(7) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects.

(Ord. No. 14(1989), § 2(16.32.100), 6-27-89)

Notwithstanding the provisions of this chapter, a person or utility who now has the authority, by franchise or otherwise, to install, operate and maintain overhead electric or communication facilities in such district may, upon complying with such franchise and any applicable ordinances, install, operate and maintain overhead electric or communication facilities in such district for a period not to exceed 30 days, in order to provide emergency service. The commissioner may grant on such terms as he may deem appropriate, in cases of unusual circumstances, special permission to any such person or utility to erect, construct, install, place, keep, maintain, employ, use or operate overhead electric or communication facilities in such district.

(Ord. No. 14(1989), § 2(16.32.110), 6-27-89)

If underground construction is necessary to provide utility service within a district, the supplying utility shall furnish that portion 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.

(Ord. No. 14(1989), § 2(16.32.120), 6-27-89)

It shall be the responsibility of every person owning, operating, leasing, occupying or renting a building or structure which is obtaining utility service from overhead electric or communication facilities required to be removed and relocated pursuant to this chapter, to construct and provide that portion of the service connection on his property between the facilities referred to in section 13.04.090 and the termination facility on or within the building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission, and with all applicable state law and ordinances.

(Ord. No. 14(1989), § 2(16.32.130), 6-27-89)

The city shall remove at its own expense all city owned equipment from all poles required to be removed under the provisions of this chapter in ample time to enable the owner or user of such poles to remove the same within the time specified in the notice sent pursuant to section 13.04.040.

(Ord. No. 14(1989), § 2(16.32.140), 6-27-89)

Except as provided in this section, it is unlawful for any person or utility to erect, construct, install, place, keep, maintain, continue, employ, use or operate overhead electric or communication facilities in a district after such district has been converted to underground electric or communication facilities, except as the overhead electric or communication 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 13.04.100, and for such reasonable time required to remove such facilities after the work has been performed.

(Ord. No. 14(1989), § 2(16.32.150), 6-27-89)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1.04.010.

(Ord. No. 14(1989), § 2(16.32.160), 6-27-89)