Pomona Municipal Code § 62-57 Other exceptions

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commission means the state public utilities commission.

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 aboveground within a district and used or useful in supplying electric, communication or similar or associated service.

Underground utility district and district 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 section 62-54.

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

(Code 1959, § 33.5-1; Ord. No. 2217 (part))

Cross reference— Definitions generally, § 1-2.

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 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 ten 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.

(Code 1959, § 33.5-2; Ord. No. 2217 (part))

Prior to holding the public hearing described in section 62-52, the director of public works 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 1959, § 33.5-3; Ord. No. 2217 (part))

If, after any public hearing held pursuant to this division, 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. The resolution shall include a description of the area comprising the district and shall fix the time within which the 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 the removal and for the installation of the underground facilities as may be occasioned thereby.

(Code 1959, § 33.5-4; Ord. No. 2217 (part))

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 62-54, 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 such resolution, except such overhead facilities as 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 the owner or occupant to continue to receive utility service as provided in section 62-54 and for such reasonable time required to remove the facilities after the work has been performed and except as otherwise provided in this division.

(Code 1959, § 33.5-5; Ord. No. 2217 (part))

Notwithstanding the sections of this division, overhead facilities may be installed and maintained for a period, not to exceed ten days, without authority of the director of public works in order to provide emergency service. The director of public works may grant special permission, on such terms as he may deem appropriate, for 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 1959, § 33.5-6; Ord. No. 2217 (part))

This division and any resolution adopted pursuant to section 62-54 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:

(1) Any municipal facilities or equipment installed under the supervision and to the satisfaction of the director of public works.

(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.

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

(Code 1959, § 33.5-7; Ord. No. 2217 (part))

Within ten days after the effective date of a resolution adopted pursuant to section 62-54, 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 persons 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 at a new location. Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to section 62-54, together with a copy of the ordinance codified in this division, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Code 1959, § 33.5-8; Ord. No. 2217 (part))

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section 62-54, the supplying utility shall furnish that portion of the conduits, conductors and associated equipment and other work required to be furnished by it under its applicable rules, regulations and tariffs on file with the commission.

(Code 1959, § 33.5-9; Ord. No. 2217 (part))

(a) Every person owning, operating, leasing, occupying or renting a building or structure within an underground utility district shall construct and provide that portion of the service connection on his property between the facilities referred to in section 62-59 and the termination facility on or within the building or structure being served. Failure to do so is a nuisance. If this is not accomplished by any person within the time provided for in the resolution enacted pursuant to section 62-54, the director of public works 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 the notice.

(b) The notice to provide the required underground facilities may be given either by personal service or by mail. If service is by mail on 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 the 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 it appears on the last equalized assessment roll and when no address appears, to general delivery in the city. If notice is given by mail, the 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 director of public works shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight by ten inches in size, to be posted in a conspicuous place on the premises.

(c) The notice given by the director of public works 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 director of public works 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 the property.

(d) Failure to comply with the notice given pursuant to subsection (c) of this section is a nuisance.

(e) If, upon the expiration of the 30-day period, the required underground facilities have not been provided, the director of public works shall forthwith proceed to do the work. However, if such premises are unoccupied and no electric or communication services are being furnished thereto, the director of public works shall, in lieu of providing the required underground facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property. Upon completion of the work by the director of public works, he 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 the premises, which time shall not be less than ten days thereafter.

(f) The director of public works 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 thereof, in the manner provided in this section for the giving 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. The notice shall also set forth the amount of the proposed assessment.

(g) 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 then proceed to affirm, modify or reject the assessment.

(h) 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 director of public works, and the director of public works is directed to turn over to the assessor and tax collector a notice of lien on each of such properties on which the assessment has not been paid. 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 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. In collecting such assessment, the city will conform to the procedures in Government Code §§ 38773.1 and 38773.5.

(Code 1959, § 33.5-10; Ord. No. 2217 (part))

State Law reference— Authority to define nuisance, Government Code § 38771; nuisance abatement, Government Code § 38773.

The city shall remove at its own expenses all city-owned equipment from all poles required to be removed under this division in ample time to enable the owner or user of such poles to remove the poles within the time specified in the resolution enacted pursuant to section 62-54.

(Code 1959, § 33.5-11; Ord. No. 2217 (part))

If any act required by this division or by a resolution adopted pursuant to section 62-54 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, the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation.

(Code 1959, § 33.5-12; Ord. No. 2217 (part))