Garden Grove Municipal Code Ch. 11.24 Conversion of Existing Overhead Facilities

Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:

"City Manager"

means the City Manager of the City of Garden Grove or his or her designated representative.

"Commission"

means the Public Utilities Commission of the State of California.

"Person"

means and includes individuals, firms, corporations, partnerships, and their agents and employees.

"Poles," "overhead wires," and "associated overhead structures"

means poles, towers, supports, wires, conductors, buys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above-ground within a district and used or useful in supplying electric, communication or similar or associated services.

"Underground Utility District" or "District"

means 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 11.24.030.

"Utility"

includes all persons or entities supplying electric, communication, or similar or associated service by means of electrical materials or devices.

(Prior code § 7170; 984 § 1, 1968; 1050 § 1, 1969; 2804 § 2, 2011)

The City 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 all affected property owners as shown on the last equalized assessment roll and utilities concerned by mail 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 City Council shall be final and conclusive.

(Prior code § 7170.1; 984 § 1, 1968; 2804 § 2, 2011)

If, after any such public hearing the City Council finds that the public necessity, health, safety, or welfare requires such removal and such underground installation within a designated area, the City 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.

(Prior code § 7170.2; 984 § 1, 1968; 2804 § 2, 2011)

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 Section 11.24.030, it is 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 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 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 11.24.090, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.

(Prior code § 7170.3; 984 § 1, 1968; 2804 § 2, 2011)

Nothwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed 10 days without authority of the City Manager or his or her designee in order to provide emergency service. The City Manager or his or her designee may grant special permission on such terms as he or she 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.

(Prior code § 7170.4; 984 § 1, 1968; 1050 § 1, 1969; 2804 § 2, 2011)

In any resolution adopted pursuant to Section 11.24.030, the City Council 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 Manager or his or her designee.

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, when these wires do not compromise the intent of such district as determined by the City Manager or his or her designee.

D. Poles, 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.

(Prior code § 7170.5; 984 § 1, 1968; 1050 § 1, 1969; 2804 § 2, 2011)

A. Within 10 days after the effective date of a resolution adopted pursuant to Section 11.24.030, 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. The 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 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.

B. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 11.24.030, 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.

(Prior code § 7170.6; 984 § 1, 1968; 2804 § 2, 2011)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 11.24.030, 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.

(Prior code § 7170.7; 984 § 1, 1968; 2804 § 2, 2011)

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 or her property between the facilities referred to in Section 11.24.080 and the termination facility on or within said building or structure being served.

B. In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection A of this section within the time provided for in the resolution enacted pursuant to Section 11.24.030, the City Manager or his or her designee shall post written notice on the property being served and 30 days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.

(Prior code § 7170.8; 984 § 1, 1968; 1050 § 1, 1969; 2804 § 2, 2011)

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 the time specified in the resolution enacted pursuant to Section 11.24.030.

(Prior code § 7170.9; 984 § 1, 1968; 2804 § 2, 2011)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 11.24.030 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.

(Prior code § 7170.10; 984 § 1, 1968; 2804 § 2, 2011)

The City Council may cause any property that has not been prepared to accept underground utility service on or before the date specified in such notice or extension to be prepared and the costs thereof assessed against the property.

(2041 § 1, 1988; 2804 § 2, 2011)

The City or City's contractor may use all lawful means to enter upon any property in the City for the purpose of inspecting and preparing the same to accept underground utility service in accordance with the provisions of this chapter. If permission to enter upon any such property for any such purposes is refused, the City shall apply to a judge for an order authorizing the entering upon such property to perform any such inspection, or work necessary to prepare the property to accept underground utility service.

(2041 § 1, 1988; 2804 § 2, 2011)

The City Manager or his or her designee shall keep a record of all costs incurred in connection with the preparation of each parcel to accept underground utility service as provided in this chapter. The City Manager or his or her designee shall periodically submit the same to the City Council for confirmation. A notice of assessment, with a copy of the schedule showing the costs of the conversion for each property, shall be mailed by regular mail, postage prepaid, to each person to whom the property described in the notice of assessment is assessed in the last equalized assessment roll available on the date such notice of assessment is mailed, at the address of such person shown on such assessment roll. Such notice shall state that objections to such assessment may be filed with the City Clerk within 15 days from such mailing, and that if no such objections are so filed, the property will be assessed without any hearing or further notice, for the amount shown in such schedule of costs.

(2041 § 1, 1988; 2804 § 2, 2011)

If within 15 days from the mailing of such notice of assessment, any objections are filed to the schedule of costs of conversion, the City Council shall hear such objections and fix the amount of assessment for conversion. If no such objections are so filed, the property shall be assessed, without any hearing or further notice, for the amount shown in such schedule of costs. Notice of the hearing of such objections by the City Council shall be given at least 15 days before such hearing by a written notice served personally upon or sent by regular mail, postage prepaid, to said objector.

(2041 § 1, 1988; 2804 § 2, 2011)

The cost of the City in converting any parcel of real property to accept underground utility service as provided in this chapter is made a special assessment against, and a lien on, such parcel and shall remain a lien thereon until paid, by the filing of a City Council resolution certifying the amount thereof and that it has been established pursuant to this chapter.

(2041 § 1, 1988; 2804 § 2, 2011)

A certified copy of the City Council's resolution establishing, confirming, or certifying the cost of the conversion under this chapter shall be filed with the Orange County Assessor. The amount of such assessment shall be collected at the same time and in the same manner as ordinary municipal taxes. If delinquent, the amount of such assessment shall be subject to the same penalties and the same procedure for foreclosure and sale, as are provided for ordinary municipal taxes.

(2041 § 1, 1988; 2804 § 2, 2011)