West Covina Municipal Code § 23-293 Same—Others

Whenever the following words or phrases are used in this article, they shall have the respective meanings indicated in this section:

Commission means the public utilities commission of the state.

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 section 23-290.

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.

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

(Code 1960, § 7551)

Prior to calling a public hearing pursuant to section 23-289, the city council shall instruct the city engineer to consult with all affected utilities and prepare a report for the consideration of the council containing, among other information, his recommendations for the boundaries of a proposed underground utility district, the extent of each utility's 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 1960, § 7551.5)

(a) Upon the receipt of the report of the city engineer as provided for in section 23-288, the council may call a public hearing 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 each property owner within the designated areas, as shown on the last equalized assessment roll, and utilities concerned, by mail of the time and place of such hearing at least ten (10) days prior to the date thereof.

(b) At the hearing all interested persons shall be given an opportunity to be heard. The hearing may be continued from time to time as may be necessary. The decision of the council shall be final and conclusive.

(Code 1960, § 7552; Ord. No. 1487, § 13, 8-25-80)

If, after public hearing provided for in section 23-289, the council finds that the public necessity, health, safety or welfare requires removal and underground installation of utility lines 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 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 such removal and for the installation of such underground facilities as may be occasioned thereby.

(Code 1960, § 7553)

Whenever the council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein, 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 such overhead facilities are required to be removed by such resolution, except as such 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 23-296 and for such reasonable time required to remove such facilities after such work has been performed, and except as otherwise provided in this article.

(Code 1960, § 7554)

Notwithstanding the provisions of this article, overhead facilities may be installed and maintained for a period, not to exceed ten (10) days, with the authority of the city engineer in order to provide emergency service. The council may grant special permission, on such terms as the 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.

(Code 1960, § 7555)

In any resolution adopted pursuant to section 23-290, the city may authorize any or all of the following exceptions:

(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 thirty-four thousand five hundred (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, pedestal mounted terminal boxes and meter cabinets, and concealed ducts.

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

(Code 1960, § 7556)

(a) Within ten (10) days after the effective date of a resolution adopted pursuant to section 23-290, 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 also notify such affected property owners that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, it will be necessary for them or such occupant to provide those facility changes on their premises necessary to receive such service from the lines of the supplying utility or utilities at a new underground location.

(b) Notification by the city clerk shall be made by mailing a copy of the resolution together with a copy of this article to all affected property owners as shown on the last equalized assessment roll and to the affected utilities.

(Code 1960, § 7557)

If underground construction is necessary to provide utility service within a 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 commission.

(Code 1960, § 7558)

(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 23-290 and the termination facility on or within such building or structure being served.

(b) If any person owning, operating, leasing, occupying or renting such property does not comply with the provisions of paragraph (a) of this section within the time provided for in the resolution, the city engineer shall post written notice on the property being served and thirty (30) days thereafter may order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to such property.

(c) The notice to comply shall particularly specify what work is required to be done and shall state that if such work is not completed within thirty (30) days after the date of the posting of such notice, the city engineer may order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.

(Code 1960, § 7559)

The city shall remove at its own expense all city-owned equipment from all poles required to be removed within the district in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution creating the district.

(Code 1960, § 7560)

If any act required by this article or by a resolution creating a district 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 is required to be accomplished shall be extended for a period equivalent to the time of such limitation.

(Code 1960, § 7561)