Seal Beach Municipal Code Ch. 9.55 Underground Utilities

For the purpose of this chapter, the following words and phrases shall mean:

Director:

director of public works/city engineer.

Poles, Overhead Wires and Associated Overhead Structures:

poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments and appurtenances located above ground and used or useful in supplying electric, communication or similar or associated service.

Underground Utility District or "District":

an area within which poles, overhead wires and associated overhead structures are prohibited.

Utility:

all persons or entities regulated by the California Public Utilities Commission and supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Ord. 1515)

A. The city council may schedule public hearings to ascertain whether the public health, safety or welfare requires 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 give 10 days' advance written notice of the hearing by mail to affected property owners as shown on the last equalized assessment roll and to affected utilities. Each such hearing shall be open to the public and may be continued from time to time.

B. Prior to the public hearing, the director shall consult with affected utilities and shall prepare a report for submission at the hearing. The report shall contain estimates of the total cost, as well as estimates of the time required to complete the underground installation and removal of overhead facilities.

(Ord. 1515; Ord. 1521)

A. The city council may by resolution designate an underground utility district upon making a finding that the public health, safety or welfare requires removal of poles, overhead wires and associated overhead structures within the designated area and the underground installation of wires and facilities for supplying electric, communication or similar or associated service. The resolution shall include a description of the area comprising such district and shall fix the time within which removal and underground installation must be accomplished and within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal, having due regard for the availability of necessary labor, materials and equipment, for the installation of such underground facilities as may be occasioned thereby and for the utility's schedule and availability funds. The decision of the city council shall be final and conclusive.

B. The city council may authorize any or all of the following exceptions in a resolution designating an underground utility district:

1. Municipal facilities or equipment.

2. Poles or electroliers used exclusively for street lighting.

3. Overhead wires (exclusive of supporting structures), 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 fixtures and extending from a 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.

C. Within 10 days after the effective date of a resolution designating an underground utility district, the city clerk shall give written notice thereof to each affected property owner and utility. The notice shall indicate to the property owners that if an owner or any occupant of their property desire to continue receiving electric, communication or similar associated service, then such owner or occupant must provide all necessary facility changes on the premises so as to receive such service at a new location. Notification shall be made by mailing a copy of the resolution, together with a copy of this chapter, to each affected property owner as shown on the last equalized assessment roll and to the affected utilities.

(Ord. 1515; Ord. 1521)

No person shall install or maintain poles, overhead wires and associated overhead structures in an underground utility district after the date when such facilities are required to be removed.

(Ord. 1515)

Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not exceeding 10 days without director authorization when necessary to provide emergency service. The director may authorize the installation and maintenance of overhead facilities to provide emergency service for longer periods.

(Ord. 1515)

If underground construction is necessary to provide utility service within an underground utility district, 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 California Public Utilities Commission.

(Ord. 1515)

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 the property between the facilities furnished by the utility and the termination facility on or within such building or structure.

B. If such work is not accomplished within the time allowed by the resolution designating the district, the director shall give written notice to the person in possession of the premises and to the property owner as shown on the last equalized assessment roll. The notice shall specify the work required to be done, and shall state that if the work is not completed within 30 days the director will cause the work to be performed and the cost thereof to be assessed against the property.

C. If the required work has not been completed within the 30-day period, the director shall cause the work to be performed unless the premises are unoccupied and no electric or communication services are being furnished to the property. Alternatively, the director may authorize the disconnection and removal of all overhead service wires and associated facilities supplying utility service to the property.

D. Upon completion of the work, the director 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 city 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 10 days thereafter. The director shall give written notice of the date and time of the hearing, as well as the amount of the proposed assessment, to the owner and person in possession of the property.

E. Upon the date and hour set for hearing protests, the city council shall hear and consider the report and any protests against the proposed assessment. The city council may confirm as presented, confirm as modified or reject the assessment.

F. If an assessment is not paid within 5 days after confirmation by the city council, the amount of the assessment shall become a lien upon the property against which the assessment is made. The director shall provide the assessor and tax collector a notice of lien on the property, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises. The assessment shall be due and payable at the same time as property taxes and if not paid when due and payable shall bear interest at the rate of 6% per annum.

(Ord. 1515)

This chapter shall be administered consistent with rights granted by pre-existing franchises and by applicable federal and state law.

(Ord. 1521)