Lakewood Municipal Code Ch. 5 Underground Utility Districts

The purpose and intent of this Chapter is to provide regulations and procedures for the removal of overhead utility facilities and the installation of underground facilities in Underground Utility Districts. The City Council finds that there exists within the City of Lakewood overhead utility facilities which, by reason of the dense growth of this metropolitan area, have become unusually and heavily concentrated. The purpose of this ordinance is to provide a procedure for the undergrounding of said facilities so as to avoid or eliminate an unusually heavy concentration of overhead utility facilities. The undergrounding of these facilities will promote the general health, safety and welfare in that streets, roads and rights of way wherein such overhead facilities are installed are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic, in that said roads, streets or rights of way adjoin or pass through residential and business areas of the City, and an unusually heavy concentration of overhead utilities is generally obnoxious and detrimental to the general welfare.

No person shall violate any provision of this Chapter or fail to comply with any notice or order, if any, issued pursuant to the provisions hereof. Any person violating any of said provisions or failing to comply with any said requirements shall be guilty of misdemeanor as set forth in Section 1200 of the Lakewood Municipal Code. In addition, the City Council hereby finds and determines that this Chapter is necessary to protect the public, health, safety and welfare providing a safe and reasonable procedure for the undergrounding of utility facilities and so as to avoid or eliminate unusual heavy concentration of overhead utility facilities. The City Council finds and determines that pursuant to the provisions of Section 38771 of the Government Code of the State of California, that the failure of any person to construct, provide or continually maintain underground utility facilities for that portion of the service connection on his property where required pursuant to their provisions of this Chapter in any Underground Utility District, hereafter established, is a public nuisance.

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

A.

COMMISSION

Shall mean the Public Utilities Commission of the State of California.

B.

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 this Chapter, whether or not in public road, streets or highways.

C.

PERSON

Shall mean and include individuals, firms, corporations, partnerships, and their agents and employees.

D.

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 above ground within a District and used or useful in supplying electric, communication or similar or associated service.

E.

UTILITY

Shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices, whether or not classified as a public utility.

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 services. 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 ten (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.

Prior to holding such public hearing, the City Engineer shall consult 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.

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 such 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.

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 8505 hereof, it shall be 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 8512 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.

Whenever the City Council creates an Underground Utility District and requires the undergrounding of utilities therein, no building permit shall be issued for and no person shall erect, construct, enlarge, alter, or move any building or structure unless utilities as herein defined are placed underground in accordance with said resolution and the provisions of this Chapter. This Section shall not prohibit the issuance of building permits for the repair, remodeling or expansion of buildings or structures, or uses located on any lot, where the value of said improvement is not in excess of twenty-five percent of the value of all existing structures or improvements, and exterior utility service to date of issuance of building permit is not underground. However, any transformers, not installed to that date, shall be installed within enclosed buildings or placed underground as specified in Section 8509(g).

§ 8507.A. Same; Commercial and Manufacturing Zones.

No building permit shall be issued for, and no person shall erect, construct, enlarge, alter or remove any building or structure on any parcel of land within an commercial or manufacturing zone whether or not said parcel of land is located within an Underground Utility District, unless utilities, as defined in this Chapter, are placed underground in accordance with the provisions of this Chapter. The intent of this Section is to require the undergrounding of utilities in connection with new construction in commercial and manufacturing zones so as to commence the orderly process of providing underground utilities throughout the City. The City Council finds that this Section is in keeping with the intent and purposes of this Chapter, to wit: to eliminate overhead electrical utilities throughout the City and to provide ultimately the undergrounding of utilities within the City. By requiring the undergrounding of such overhead utilities in connection with new construction, the later costly conversion of overhead utilities to underground utilities will be avoided. This Section, therefore, applies to all such new construction and pertains to the undergrounding of utilities on the Lot or Parcel upon which said new construction is located even though the exterior utilities to said parcel may be overhead or utility service on adjoining parcels may be overhead. Excepted, however, from the provisions of this Section are the following:

A. The repair, remodeling or expansion of buildings or structures, or uses located on any lot, where the value of said improvement, in the opinion of the City Engineer, is not in excess of twenty-five percent of the value of all existing structures or improvements thereon and exterior utility service to the date of issuance of building permit is not underground. However, any transformers not installed to that date shall be installed within enclosed buildings or placed underground as specified in Section 8509(g).

B. The City Engineer may grant special permission on such terms as the City Engineer may deem appropriate, in cases of unusual circumstances or practical hardship, other than the financial cost of the installation of underground utilities, without discrimination as to any person or utility to erect, construct, install, maintain, use or operate poles, overhead wires and associate overhead structures, and for such time as specified by the City Engineer or until said parcel is placed within an Underground Utility District as provided in this Chapter.

§ 8507.B. Same.

Where utility service is required to be placed underground under Sections 8507 and 8507A, such utility service shall be placed underground within the exterior boundaries of said lot or parcel from the building or structure served thereby to the exterior boundary of said parcel where connection is made to the exterior supplying utility service, or unless excepted under Section 8509. Poles and overhead facilities may be located within the boundaries of such a parcel where within an easement granted to a utility for providing service to more than one lot or parcel. Utility service poles may be placed on the rear of the property to be developed only for the purpose of terminating underground facilities. Appurtenances and associated equipment, such as but not limited to, pedestal mounted terminal boxes, meter cabinets, concealed duets in an underground system may be placed above ground. The developer or owner is responsible for complying with the requirements of this Section and he shall make the necessary arrangements with utility companies for the installation of such facilities.

Notwithstanding the provisions of this Chapter, overhead facilities may be installed and maintained for a period not to exceed thirty (30) days, without authority of the City Council in order to provide emergency service. The City Engineer 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 wires and associated overhead structures.

This Chapter and any resolution adopted pursuant to Section 8505 hereof shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

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. 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 installed in cement pads and enclosed in a walled or screened area, pedestal mounted terminal boxes and meter cabinets, and concealed duets.

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

Within ten (10) days after the effective date of a resolution adopted pursuant to Section 8505 hereof, the City Clerk shall notify all affected utilities and all persons owning real property within the District created by said resolution of the adopting thereof. Said 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, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission.

Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 8505, together with a copy of this ordinance, to affected property owners such are shown on the last equalized assessment roll and the affected utilities.

If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to Section 8505 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.

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 8511 and the termination facility on or within said 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. The City Council finds and determines pursuant to the provisions of Section 38771 of the Government Code of the State of California that the portion of the service connection on his property and the continual maintenance of overhead utility facilities in a District in which the utility facilities are being placed underground is a public nuisance. Said nuisance shall be abated and removed and the cost of abatement shall be a special assessment against that parcel as provided in Section 38773.5 of the Government Code of the State of California and this Chapter.

B. If any such person does not construct and provide that portion of the service connection on his property between the facilities referred to in Section 8511 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, within the time provided for in the resolution enacted pursuant to Section 8505 hereof, 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 thirty (30) days after receipt of such notice.

C. 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 Lakewood. 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 forty-eight (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 forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on said premises.

D. 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 thirty days after receipt of such notice, the City Engineer will either provide such required underground facilities or order the disconnection and provide for the removal of any and all overhead wires and associated facilities supplying utility service to the property, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon such property.

E. If upon the expiration of the thirty-day period the said required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work or authorize the disconnection and removal of any and all overhead services and associated facilities supplying utility services to said property. If said premises are unoccupied and no electrical or communication services are being furnished thereto, the City Engineer shall, in lieu of providing underground facilities, have the authority to and he is hereby authorized to order the disconnection and removal of any and all overhead services, wires and associated facilities supplying utility services to said property.

F. The City Engineer, upon the completion of said work, shall file a written report with the City Council setting forth the work that has been performed and the cost thereof together with the legal description of the property against which such cost is to be assessed. The City Council shall thereupon fix the time and place for hearing protest against the assessment of the cost of such work upon such premises, which said time shall not be less than ten days thereafter.

G. 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 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.

H. Upon the date and hour set for the hearing of protests, the Council shall hear and consider the report and all protests, if there by any, and then proceed to affirm, modify or reject the assessment.

I. If any assessment is not paid within five (5) 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 is directed to deliver to the Assessor and Tax Collector 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 as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the rate of six percent (6%) per annum.

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 8505 hereof.

In the event that any act required by this Chapter or by a resolution adopted pursuant to Section 8505 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.