Rialto Municipal Code Ch. 12.16 Underground Utility Districts

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For statutory provisions regarding conversion of existing overhead electric and communication facilities to underground locations, see Str. & H. Code § 5896.1 et seq.; for the provisions regarding municipal underground utility districts, see Gov. Code § 38793.

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

A. "Commission" means the Public Utilities Commission of the state of California.

B. "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 12.16.030.

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

D. "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 supplying electric, communication or similar or associated service.

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

(Ord. 580 § 1 (part), 1968: 1965 code Title XIII, Ch. 10, § 1)

A. 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 notifies 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 is open to the public and may be continued from time to time. At each such hearing all persons interested are given an opportunity to be heard. The decision of the council shall be final and conclusive.

B. Prior to holding such public hearing, the city engineer consults all affected utilities and prepares 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 also contains an estimate of the time required to complete such underground installation and removal of overhead facilities.

(Ord. 580 § 1 (part), 1968: 1965 code Title XIII, Ch. 10, § 2)

If, after any such public hearing the council finds that the public necessity, health, safety or welfare requires such removal and underground installation within a designated area, the council, by resolution, declares such designated area an "underground utility district" and orders such removal and underground installation. Such resolution includes a description of the area comprising such district and fixes 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 is 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.

(Ord. 580 § 1 (part), 1968: 1965 code Title XIII, Ch. 10, § 3)

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 12.16.030, 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 such resolution, except as the 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 12.16.080, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.

(Ord. 580 § 1 (part), 1968: 1965 code Title XIII, Ch. 10, § 4)

A. Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period, not to exceed thirty days, without authority of the city engineer in order to provide emergency service. The city engineer may grant special permission on such terms as he/she deems 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.

B. This chapter and any resolution adopted pursuant to Section 12.16.030 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 city engineer;

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 are 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 thirty-four thousand five hundred 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. Antennae, 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.

(Ord. 580 § 1 (part), 1968: 1965 code Title XIII, Ch. 10, § 5)

Within ten days after the effective date of a resolution adopted pursuant to Section 12.16.030 the city clerk notifies all affected utilities and all persons owning real property within the district created by the resoluton of the adoption thereof. The city clerk further notifies 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 is made by mailing a copy of the resolution adopted pursuant to Section 12.16.030, 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.

(Ord. 580 § 1 (part), 1968: 1965 code Title XIII, Ch. 10, § 6)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 12.16.030, 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.

(Ord. 580 § 1 (part), 1968: 1965 code Title XIII, Ch. 10, § 7)

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/her property beween the facilities referred to in Section 12.16.070 and the termination facility on or within the 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.

B. In the event any person owning, operating, leasing, occupying or renting the property does not comply with the provisions of subsection A within the time provided for in the resolution enacted pursuant to Section 12.16.030, the city engineer shall post written notice on the property being served and thirty days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property.

C. The notice given by the city engineer to provide the required underground facilities particularly specifies what work is required to be done, and states that if the work is not completed within thirty days after receipt of such notice, the city engineer will provide such required underground facilities, in which case the cost and expense thereof is assessed against the property benefitted and becomes a lien upon such property.

D. If upon the expiration of the thirty day period, the required underground facilities have not been provided, the city engineer forthwith proceeds to do the work, provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the city engineer may, 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 city engineer, he/she files 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 thereupon fixes a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter.

E. The city engineer forthwith, upon the time for hearing such protests having been fixed, gives 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 hereinabove provided 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. Such notice also sets forth the amount of the proposed assessment.

F. Upon the date and hour set for the hearing of protests, the council hears and considers the report and all protests, if there be any, and then proceeds to affirm, modify or reject the assessment.

G. If any assessment is not paid within five days after its confirmation by the council, the amount of the assessment becomes a lien upon the property against which the assessment is made by the city engineer, and the city engineer is directed to turn over to the assessor and tax collector a notice of lien on each of the properties on which the assessment has not been paid, and the assessor and tax collector adds 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 is due and payable at the same time as the property taxes are due and payable, and if not paid when due and payable, bears interest at the highest rate permitted by law.

(Ord. 1234 (part), 1995: Ord. 580 § 1 (part), 1968: 1965 code Title XIII, Ch. 10, § 8)

City removes 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 12.16.030.

(Ord. 580 § 1 (part), 1968: 1965 code Title XIII, Ch. 10, § 9)

In the event that any act required by this chapter or by a resolution adopted pursuant to Section 12.16.030 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.

(Ord. 580 § 1 (part), 1968: 1965 code Title XIII, Ch. 10, § 10)