Long Beach Municipal Code Ch. 15.48 Underground Utility Districts

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:

"Commission" means the Public Utilities Commission of the State.

"Facility changes" means improvements constructed or installed on private property necessary to receive service from the underground facilities of the utility including, but not limited to, meter panel conversions.

"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, 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 distributing or 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 15.48.030.

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

(ORD-06-0029 § 1, 2006; Ord. C-7477 § 1, 1997; prior code § 7610)

A. The Council may from time to time call public hearings to ascertain whether it is in the general public interest to replace utility poles, overhead wires and associated overhead structures within designated areas of the City with the underground installation of wires and facilities for distributing or supplying electric, communication, or similar or associated service. The criteria for making the determination shall be one (1) or more of the following:

1. Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities; or

2. The street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; or

3. The street or road or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public; or

4. The City has received a request for the undergrounding of utilities from property owners, such request conforms to PUC requirements for Rule 20B projects, and the City Council has established a utility district to provide funding for the undergrounding.

B. 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 the 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.

C. Prior to holding the public hearing, the City Engineer or his or her designee shall prepare a report for submission at the hearing. The report shall contain, among other information, a description of the project, a date by which property owners must complete all electric facility changes on the premises necessary to receive service from the underground facilities of the utility, and an estimate of the time required to complete the underground installation and removal of poles, overhead wires, and associated overhead structures.

(ORD-10-0023, § 1, 2010; Ord. C-7477 § 2, 1997: prior code § 7620)

If, after such public hearing, the Council finds that it is in the general public interest to replace utility poles, overhead wires and associated overhead structures within the designated area, the Council shall adopt an ordinance creating an underground district requiring that all existing poles, overhead wires and associated overhead structures in such district shall be removed, that each property served from such poles, wires and associated overhead structures shall have installed, in accordance with the utility's rules for underground service as approved by the Public Utilities Commission, all facility changes on the premises necessary to receive service from the underground facilities of the utility as soon as it is available, and authorizing the utility to discontinue overhead service.

(Ord. C-7477 § 3, 1997: prior code § 7621)

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 15.48.030, 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 the overhead facilities are required to be removed by the resolution, except as the overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by the owner or occupant of the underground work necessary for the owner or occupant to continue to receive utility service as provided in Section 15.48.090, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this Chapter.

(Prior code § 7622)

Notwithstanding the provisions of this Chapter, overhead facilities may be installed and maintained for a period, not to exceed thirty (30) days, without authorization in order to provide emergency service. The City Council may grant special permission, on such terms as the City 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.

(Ord. C-5691 § 2 (part), 1981; prior code § 7623)

This Chapter and any resolutions adopted pursuant to Section 15.48.030 shall, unless otherwise provided in the resolution, not apply to the following type 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. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred (34,500) volts;

D. 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;

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.

(Prior code § 7624)

A. Within ten (10) days after the effective date of a resolution adopted pursuant to Section 15.48.030, the City Clerk shall notify all affected utilities and all persons owning real property 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 the property desire to continue to receive electric, communication, or similar or associated service, they or the occupant shall provide all necessary facility changes on their premises so as to receive the service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs on the respective utility or utilities on file with the Commission.

B. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 15.48.030, 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 § 7625)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 15.48.030, 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 § 7626)

A. Every person owning, operating, leasing, occupying or renting a building or structure within a district, and every person owning, leasing or renting property within a district who receives electrical service to that property in any manner, shall construct and provide on his or her property all facility changes on the premises necessary to receive service from the underground facilities of the utility within ninety (90) days following the mailing to the property address of notice that underground service is available for connection.

B. Notwithstanding requirements of the foregoing Subsection A of this Section, and in accordance with the utility's rules for underground service as approved by the Public Utilities Commission, financial assistance may be provided to a person described in Subsection A of this Section for facility changes if:

1. The City Engineer determines that the completion of the work within a district would be facilitated by providing such assistance; and

2. Funds are available for such assistance; and

3. The plans, specifications and cost estimates for the replacement of the facility changes have received the prior approval of the City Engineer; and

4. The district is numbered thirty-nine (39) or greater, or was formed on or after September 1, 2006.

Facility changes eligible for financial assistance are limited to the replacement of a meter panel with equipment which is compatible with the new underground service and which is similar in size and function to the existing equipment. Facility changes which the City Engineer determines constitute upgrades or improvements are not eligible for financial assistance.

(ORD-06-0029 § 2, 2006: Ord. C-7477 § 4, 1997: prior code § 7627)

A. If the facility changes necessary to receive services from the underground facilities of the utility are not accomplished for any premises within the district within the time provided for in the resolution enacted pursuant to Section 15.48.030, the City Engineer shall deliver or mail by certified mail, return receipt requested, notice in writing to the person in possession of the premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll. The notice shall: (1) particularly specify what work is required to be done by the property to comply with this Chapter; (2) contain a date at least thirty (30) days following the date of the notice, by which date the required work must be completed; and (3) state that if the work is not done on or before that date, the City Engineer will notify the utility to discontinue service to the property through overhead poles, overhead wires, and related structures, in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. The City Engineer shall, within forty-eight (48) hours of delivery or mailing, cause a copy of the notice to be posted in a conspicuous place on the premises.

B. The City Engineer is authorized to instruct the utility to discontinue service to the property through overhead poles, overhead wires, and related structures on the first business day following the compliance date provided in the notice described in Subsection A of this Section, or earlier if he or she determines that the required work has been completed.

(Ord. C-7477 § 5, 1997)

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 the poles to remove the same within the time specified in the resolution enacted pursuant to Section 15.48.030.

(Prior code § 7628)

In the event that any act required in this Chapter or by a resolution adopted pursuant to Section 15.48.030 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 the act will be accomplished shall be extended for a period equivalent to the time of the limitation upon authorization by the City Council.

(Ord. C 5691 § 2 (part), 1981; prior code § 7629)

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 shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be deemed 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.

(Prior code § 7630)