Irvine Municipal Code Ch. 4 Underground District

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them:

Commission: The Public Utilities Commission of the State of California.

Poles, overhead wires and associated overhead structures: Poles, towers, supporters, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communications circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication or similar or associated service.

Underground utility district ordistrict: That area within 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 6-4-409 of this chapter.

Utility: All persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Code 1976, § VI.H-401; Ord. No. 27, § 710.011, 4-17-72)

The provisions of this chapter and any resolution adopted pursuant to Section 6-4-409 hereof shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

A. Any City facilities or equipment installed under the supervision and to the satisfaction of the Director of Community Development.

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. 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.

E. Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services.

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

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

(Code 1976, § VI.H-402; Ord. No. 27, § 710.017, 4-17-72; Ord. No. 173, § 1, 9-28-76; Ord. No. 185, § 13, 2-8-77)

Notwithstanding other provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed 10 days without authority of the City Council in order to provide emergency service. Additionally, 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.

(Code 1976, § VI.H-403; Ord. No. 27, § 710.016, 4-17-72)

In the event that any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of Section 6-4-414 hereof within the time provided for in the resolution adopted pursuant to Section 6-4-409 hereof, the Director of Community Development shall post written notice of such fact upon the property being served by the appropriate utility or utilities and shall indicate in such notice that if the work required by Section 6-4-414 is not accomplished within 30 days from the date of such posting, he or she may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.

(Code 1976, § VI.H-404; Ord. No. 27, § 710.0111, 4-17-72; Ord. No. 185, § 13, 2-8-77)

In the event that the Director of Community Development shall determine that the method of enforcing Section 6-4-414 hereof provided by Section 6-4-404 hereof is not an efficient or effective method of enforcement, he or she shall pursue the following method of enforcing Section 6-4-414:

A. The Director of Community Development shall give notice in writing to the person in possession of such premises, and 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 shall 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. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it is sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the Director of Community Development 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 Director of Community Development to provide the required underground facilities shall particularly specify that 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 Director 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.

D. If, upon the expiration of the 30-day period, the said required underground facilities have not been provided, the Director of Community Development shall forthwith proceed to do the work; provided, however, that if such premises are unoccupied and no electric or communication services are being furnished thereto, the Director may, in lieu of providing the underground facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the Director, he or she 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 protests against the assessment of the cost of such work upon such premises, which said time shall not be less than 10 days thereafter.

E. The Director of Community Development shall forthwith, upon the time for hearing such protests having been fixed, give 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 giving of the notice to provide the required underground facilities, of the time and place that the City 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 City Council shall hear and consider the report and all protests, if there be any, and proceed to affirm, modify or reject the assessment.

G. If any assessment is not paid within five days after its confirmation by the City Council, the amount of the assessment shall become a lien upon the said property against which the assessment was made by the Director of Community Development, and the Director shall deliver to the assessor and tax collector of the City a notice of lien on each of said properties on which the assessment has not been paid, and said assessor and tax collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time property taxes are due and payable, and, if not paid when due and payable, shall bear interest at the rate of six percent per annum.

(Code 1976, § VI.H-405; Ord. No. 27, § 710.0112, 4-17-72; Ord. No. 185, § 13, 2-8-77)

The City Council may from time-to-time call public hearings to ascertain whether the public health, safety or welfare requires the removal of piles, 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 all utilities concerned by mail, postage prepaid, 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.

(Code 1976, § VI.H-406; Ord. No. 27, § 710.012, 4-17-72)

Prior to holding such public hearing, the Director of Community Development or his or her representative shall consult with 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 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.

(Code 1976, § VI.H-407; Ord. No. 27, § 710.013, 4-17-72)

If after any such public hearing as described in Section 6-4-407 the City Council finds that the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and requires the underground installation of wires and facilities for supplying electric, communication or similar or associated service within a designated area, the Council shall, by resolution, declare such designated area to be an underground utility district and shall order such removal and underground installation of facilities. The 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 services. 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.

(Code 1976, § VI.H-408; Ord. No. 27, § 710.014, 4-17-72)

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 6-4-409 hereof, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue to 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 hereinafter provided. Said overhead facilities may, however, be permitted to remain temporarily if required to furnish service to an owner or occupant of property for a reasonable period of time 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 6-4-414 hereof, and for such reasonable time as is required to remove said facilities after said work has been performed, and as otherwise provided in this chapter.

(Code 1976, § VI.H-409; Ord. No. 27, § 710.015, 4-17-72)

A. Within 10 days after the effective date of a resolution adopted pursuant to Section 6-4-409 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 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, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.

B. Notification by the Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 6-4-409, 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.

(Code 1976, § VI.H-410; Ord. No. 27, § 710.018, 4-17-72)

If underground construction is necessary to provide utility service within the district created by any resolution adopted pursuant to Section 6-4-409 hereof, 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.

(Code 1976, § VI.H-411; Ord. No. 27, § 710.019, 4-17-72)

A. Every person owning, operating, leasing, occupying or renting a building or structure within a district shall provide for the construction of that portion of the service connection on his or her property between the facilities referred to in Section 6-4-413 hereof and the termination facility on or within said building or structure being served.

B. In the event that any person owning, operating, leasing, occupying or renting said property does not comply with the foregoing provision of this section within the time provided for in the resolution adopted pursuant to section 6-4-409 hereof, the Director of Community Development shall pursue one of the alternative remedies indicated in Sections 6-4-404 and 6-4-405.

(Code 1976, § VI.H-412; Ord. No. 27, § 710.0110, 4-17-72; Ord. No. 185, § 13, 2-8-77)

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 adopted pursuant to Section 6-4-409.

(Code 1976, § VI.H-413; Ord. No. 27, § 710.0113, 4-17-72)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 6-4-409 hereof 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.

(Code 1976, § VI.H-414; Ord. No. 27, § 710.0114, 4-17-72)