Whenever in this Chapter the words or phrases hereinafter in this Section defined are used, they shall have the respective meanings assigned to them in the following definitions:
"Commission"
shall mean the Public Utilities Commission of the State of California.
"Person"
shall mean and include individuals, firms, corporations, partnerships, and their agents and employees.
"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 aboveground within a District and used or useful in supplying electric, communication or similar or associated service.
"Underground Utility District" or "District"
shall 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 the provisions of Section 7.52.030 of this Chapter.
"Utility"
shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.
(Prior code § 7900; added by Ord. No. 773CCS, adopted 6/25/68)
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.
Prior to holding such public hearing, the City Engineer shall consult with all affected utilities and shall prepare a report for submission at such hearing containing 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.
(Prior code § 7901; added by Ord. No. 773CCS, adopted 6/25/68)
If, after any such public hearing 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. 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.
(Prior code § 7902; added by Ord. No. 773CCS, adopted 6/25/68)
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 7.52.030 hereof, 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 said overhead facilities are required to be removed by such resolution, except as said 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 7.52.090 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Chapter.
(Prior code § 7903; added by Ord. No. 773CCS, adopted 6/25/68)
Notwithstanding the provisions of this Chapter, overhead facilities may be installed and maintained for a period, not to exceed 10 days, without authority of the Council 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.
(Prior code § 7904; added by Ord. No. 773CCS, adopted 6/25/68)
In any resolution adopted pursuant to Section 7.52.030 hereof, 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 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.
(Prior code § 7905; added by Ord. No. 773CCS, adopted 6/25/68)
Within 10 days after the effective date of a resolution adopted pursuant to Section 7.52.030 hereof, the City Clerk shall notify all affected utilities and all persons owing real property within the District created by said resolution of the adoption thereof. Said City Clerk shall further notify such 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.
Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 7.52.030, 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 § 7906; added by Ord. No. 773CCS, adopted 6/25/68)
If underground construction is necessary to provide utility service within a District created by any resolution adopted pursuant to Section 7.52.030 hereof, 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 § 7907; added by Ord. No. 773CCS, adopted 6/25/68)
(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 7.52.080 and the termination facility on or within said building or structure being served.
(b) 
In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subparagraph (a) of this Section 7.52.090 within the time provided for in the resolution enacted pursuant to Section 7.52.030 hereof, the City Engineer shall post written notice on the property being served and 30 days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.
(Prior code § 7908; added by Ord. No. 773CCS, adopted 6/25/68)
City shall remove 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 7.52.030 hereof.
(Prior code § 7909; added by Ord. No. 773CCS, adopted 6/25/68)
In the event that any act required by this Chapter or by a resolution adopted pursuant to Section 7.52.030 hereof 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 limitations.
(Prior code § 7910; added by Ord. No. 773CCS, adopted 6/25/68)
It shall be 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 $500 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for such 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 § 7911; added by Ord. No. 773CCS, adopted 6/25/68)
If any section, subsection, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The Council hereby declares that it would have enacted this Chapter and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
(Prior code § 7912; added by Ord. No. 773CCS, adopted 6/25/68)
Pursuant to California Government Code Section 38793, if any property owner, after 30 days written notice by the Director of General Services, fails to effect the removal of existing overhead utility lines and prepare the property to accept underground utility lines as required by this Chapter, the City, at its election, may cause such work to be done and the costs thereof shall constitute a special assessment against the property, and shall become a lien on the property as provided in this Section. The procedures for such special assessment and lien shall be as follows:
(a) 
After completion of the work, the Director of General Services shall cause notice of the cost of the work done to be given to the property owner, which notice shall specify the day, hour, and place when the City Council will hear and pass upon a report by the Director of General Services of the cost of the work, together with any objections or protests, if any, which may be raised by the property owner liable to be assessed for the costs of such work and any other interested person.
(b) 
Prior to the hearing provided for in Subsection (a), the Director of General Services shall prepare and file with the City Council a report specifying the work done, the costs of the work, a description of the real property on which the work was done, and the assessment against the real property on which the work was done.
(c) 
Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the Director of General Services together with any objections or protests which may be raised by the property owner liable to be assessed for the work and any other interested person. Thereupon the City Council may make such revision, correction, or modifications in the report as it may deem just, after which, by resolution, the report as submitted, revised, corrected, or modified, shall be confirmed. The City Council may adjourn the hearings from time to time. The decisions of the City Council on all protests and objections which may be made shall be final and conclusive.
(d) 
The cost of the work, if not paid within 10 days after its confirmation by the City Council, shall constitute a special assessment against the property, and shall be a lien on the property for the amount thereof which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged of record.
(e) 
The City may file in the office of the County Recorder a certificate substantially in the following form:
NOTICE OF LIEN
On the _____day of _____, 20__ the undersigned caused the removal of existing overhead utility lines and preparation to accept underground utility lines on the real property hereinafter described; and the undersigned did on the day of _____, 20 assess the cost of such work, and the assessment has not been paid and the City of Santa Monica does hereby claim a lien on the real property for the net expense of doing the work in the sum of $__, and the same shall be a lien upon the real property until the sum, with interest at the legal rate, from the day of _____, 20__(date of costs incurred), has been paid in full and discharged of record. The real property hereinbefore mentioned, and upon which a lien is claimed, is that certain piece or parcel of land lying and being in the City of Santa Monica, County of Los Angeles, State of California, and particularly described as follows:
(Description of Property)
Dated:
(Signature)
(f) 
From and after the date of recording of the notice of lien, all persons shall be deemed to have had notice of the contents thereof. If any such lien is not paid, the City may file and maintain an action to foreclose such lien in the manner provided for by law.
(g) 
After confirmation of the report of the Director of General Services, the City Council may order that the notice of lien shall be delivered to the County Auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property.
(Prior code § 7913; added by Ord. No. 1350CCS, adopted 12/10/85)