Chapter 16.09 — UNDERGROUND UTILITY DISTRICTS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CITY ENGINEER. Includes the position of Director of Public Works.

COMMISSION. The State Public Utilities Commission.

PERSON. Includes individuals, firms, corp- orations, partnerships and their agents and employees.

POLES, OVERHEAD WIRES AND ASSOCIATED OVERHEAD STRUCTURES. 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.

UNDERGROUND UTILITY DISTRICT OR DISTRICT. The 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 § 16.09.030.

UTILITY. Includes all persons or entities supplying electric, communication or similar or associated services by means of electrical materials, wires or devices.

(Ord. 2722, passed - -1990)

(A) The Council may, from time-to-time, call public hearings to determine 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) The City Clerk shall notify all affected property owners within the proposed district, as shown on the last equalized assessment roll, and utilities concerned, by mail, of the time and place of such hearings at least 15 days prior to the date thereof.

(C) Each 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. (Ord. 2722, passed - -1990; Ord. 2787, passed - -1991)

Prior to the public hearing, the City Engineer or an Underground Utilities Advisory Committee, if such is appointed, shall consult with all affected utility companies and shall prepare a report for submission at such hearing containing, with other information, the extent of their participation and estimates of the total costs to the city and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.

(Ord. 2722, passed - -1990)

If, after any such public hearing, the Council finds that the public necessity, health, safety or welfare requires such removal and 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. (Ord. 2722, passed - -1990)

Whenever the City Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein, as provided in § 16.09.030 of this chapter, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue or employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities were 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 § 16.09.080 of this chapter and for such reasonable time required to remove the facilities after the work has been performed and except as otherwise provided in this chapter. (Ord. 2722, passed - -1990)

(A) Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed ten days, without authority of the Council, 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.

(B) This chapter and any resolution adopted pursuant to § 16.09.030 of this chapter shall not, unless otherwise provided in such resolution, apply to the following types of facilities:

(1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;

(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 34,500 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 on the building to another location on the same building or to an adjacent building without crossing any public street;

(6) Antennas, 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; and

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

(Ord. 2722, passed - -1990)

Within ten days after the effective date of a resolution adopted pursuant to § 16.09.030 of this chapter, the City Clerk shall notify all affected utilities and property owners within the district created by the resolution of the adoption thereof. The City Clerk shall further notify the 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. Notification by the City Clerk as set forth in this section shall be made by mailing a copy of the resolution adopted pursuant to § 16.09.030 of this chapter, together with a resume of the applicable portions of this chapter.

(Ord. 2722, passed - -1990)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to § 16.09.030 of this chapter, 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. 2722, passed - -1990)

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 or her property between the facilities referred to in § 16.09.070 of this chapter and termination facility on or within the building or structure being served.

(A) Notice to comply.

(1) If the connection is not accomplished by any person within the time provided for in the resolution enacted pursuant to § 16.09.030 of this chapter, 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 ten days after receipt of such notice. 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 U.S. mail with postage prepaid, addressed to the person in possession of 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 it appears on the last equalized assessment roll, and when no address appears, to general delivery, Fullerton, California. 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 ten inches in size, to be posted in a conspicuous place on the premises.

(2) 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 the work is not completed within 30 days after receipt of such

notice, the City Engineer will provide such required underground facilities, in which case, the cost and expense thereof will be assessed against the property benefitted and become a lien upon such property.

(B) City Engineer may perform work. If, upon expiration of the 30-day period, the required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work; provided, however, that if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and supplying utility service to the property.

(C) Assessments, protest, hearings.

(1) Upon completion of the work, the City Engineer 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, 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 protest against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter.

(2) The City Engineer shall, after the time for hearing such protests has been fixed, give written notice to the person in possession of such premises, and to the owner thereof, in the manner provided in this section for giving of notice to provide required underground facilities, of the time and place that the Council will pass upon such report and will hear protests against such assessment. The notice shall also set forth the amount of the proposed assessment. Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if any, and affirm, modify or reject the assessment.

(D) Effect of nonpayment of assessment. 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 Engineer and the City Engineer shall 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 6% per year.

(Ord. 2722, passed - -1990)

The city shall remove, at its own expense, all city-owned equipment from all poles required to be removed under this chapter in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to § 16.09.030 of this chapter.

(Ord. 2722, passed - -1990)

In the event that any act required by this chapter or by a resolution adopted pursuant to § 16.09.030 of this chapter cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strike, 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 by the City Council for a period equivalent to the time of such limitation.

(Ord. 2722, passed - -1990)

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 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $500 or by imprisonment not exceeding six months or by both such fine and imprisonment. Each person is guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person and shall be punishable therefor as provided for in this chapter. (Ord. 2722, passed - -1990)

If any section, division, sentence, clause or phrase of this chapter is for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have adopted this chapter and each section, division, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, divisions, sentences, clauses or phrases be declared invalid. (Ord. 2722, passed - -1990)