Chapter 5 — UNDERGROUND FACILITIES

Whenever in this chapter the words or phrases hereinafter defined are used, they shall have the respective meanings assigned to them in the following definitions unless the context requires a different meaning.

(Added by Ord. 344, adopted 3-26-68)

"Commission" shall mean the Public Utilities Commission of the State of California. (Added by Ord. 344, adopted 3-26-68)

"Underground Utility District" or "District" shall mean that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 7502. (Added by Ord. 344, adopted 3-26-68)

"Poles, overhead wires and associated overhead structures" shall 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 associated service.

(Added by Ord. 344, adopted 3-26-68)

"Utility" shall include all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices. (Added by Ord. 344, adopted 3-26-68)

The Council may from time to time call public hearings 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. The City Clerk shall notify by mail all affected property owners as shown on the last equalized assessment roll and utilities concerned, of the time and place of such hearings at least 10 days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing all persons interested shall be given an opportunity to be heard. The decision of the Council shall be final and conclusive. (Added by Ord. 344, adopted 3-26-68)

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 installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished and 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.

(Added by Ord. 344, adopted 3-26-68)

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 7502, no person or utility shall erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the District after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner of 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 7508, hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter. (Added by Ord. 344, adopted 3-26-68)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the Council in the event the Council does not meet within such 10 day period and it cannot act upon the matter, such installation may be maintained until the Council can act if the same is approved by the Director of Public Works, in order to provide emergency service. The Council may grant special permission on such terms as the Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. (Added by Ord. 344, adopted 3-26-68)

In any resolution adopted pursuant to Section 7502 hereof, the City may authorize any or all of the following exceptions:

• (a) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer.

• (b) Poles, or electroliers used exclusively for street lighting.

• (c) 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.

• (d) Roles, overhead wires and associated overhead structures, used for the transmission of electric energy at nominal voltages in excess of 34,500 volts.

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

• (f) Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services.

• (g) Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts.

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

• (Added by Ord. 344, adopted 3-26-68)

Within 10 days after the effective date of a resolution adopted pursuant to Section 7502, hereof, 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 further shall 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 provide all necessary facilities changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location.

Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 7502, 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. (Added by Ord. 344, adopted 3-26-68)

If underground construction is required to provide utility or cable television service within a District created by any resolution adopted pursuant to Section 7502, the supplying utility or cable television company shall furnish those portions of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations, and tariffs on file with its respective governing body or agency. Wherever possible, the cable television facilities shall share the trenches with the power and/or telephone lines.

(Added by Ord. 344, adopted 3-26-68; amended by Ord. 701, adopted 7-27-82)

• (a) 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 Section 7507, and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 7502, the City Engineer 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 10 days after receipt of such notice.

• (b) The notice to provide the required underground facilities may be given either 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 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 Downey. 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 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by 10 inches in size to be posted in a conspicuous place on said premises.

• (c) The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within 30 days after receipt of such notice, the City Engineer may, upon written request of the property owner or authorized tenant in possession, 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, or the City Engineer may order disconnection and removal of all overhead facilities.

• (d) If upon the expiration of the 30 day period the property owner of any lot or parcel of land shall fail to comply with the requirements of this section, the City Engineer shall have the authority to order the disconnection and removal of all overhead electric and/or communication facilities providing service to any building, structure or improvement located upon such lot or parcel. Such removal may include removal of the electric meter. Written notice of proposed disconnection shall be given at least 10 days prior to disconnection by deposit of said notice in first class U. S. mail addressed to the owner shown on the latest County Assessment Roll and by leaving copy of such notice at the principal building, structure or improvement located upon such lot or parcel. In lieu of such disconnection and removal, the City Engineer may, upon written request of the property owner or authorized tenant, forthwith proceed to cause the required work to be completed. Upon completion of the work and determination of the cost, the City Engineer shall file a written report with the City Council at hearing 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 cost is to be assessed.

• (e) 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 thereof 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 and shall remain as such until paid in full. The City Engineer is hereby directed to turn over to the Assessor and Tax Collector a notice of lien on each of such property on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of such assessment to the next regular bill for taxes levied against the premises upon which assessment was not paid.

• (h) At any time prior to the confirmation of the assessment the Council shall have the power, in its discretion, to determine that the payment of such assessments of $50 or more may be made in annual installments to be collected in the manner set forth in Subsection (g) of this section, not to exceed 10 such installments, and that the payment of such assessments so deferred shall bear interest at the rate of 7% per year on the unpaid balance. The interest shall begin to run on the thirty-first (31st) day after the confirmation of the assessment by the Council.

(Added by Ord. 344, adopted 3-26-68; amended by Ord. 891, adopted 7-11-89; Ord. 344, adopted 3-26-68; Ord. 891, adopted 7-11-89; Ord. 344, adopted 3-26-68; Ord. 344, adopted 3-26-68; Ord. 450, adopted 3-11-74; Ord. 344, adopted 3-26-68; Ord. 450, adopted 3-11-74)

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 them within the time specified in the resolution enacted pursuant to the provisions of Section 7502 of this chapter.

(Added by Ord. 344, adopted 3-26-68)

In the event any act required by this chapter or by a resolution adopted pursuant to the provisions of Section 7502 of this chapter cannot be performed within the time provided on account of a 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 limitations.

(Added by Ord. 344, adopted 3-26-68)

Distribution lines and individual service lines for cable television service shall be installed underground in all new developments within the City. All cable television installation in said new developments shall be made in accordance with current provisions of the Downey Municipal Code. Wherever possible, the cable television lines shall share the trenches of telephone and/or power supply lines.

(Added by Ord. 701, adopted 7-27-82)

The City Engineer shall have the authority to waive the requirements of Section 7511, with respect to improvements within the public right-of-way, if, in his judgment, it is determined to be in the best interest of the City to do so.

(Added by Ord. 701, adopted 7-27-82)

The Building Official shall have the authority to waive the requirements of Section 7511, with respect to improvements on-site, if, in his judgment, it is determined to be in the best interest of the City to do so.

(Added by Ord. 701, adopted 7-27-82)