Editor's note - Ord. No. 76-33, § 1, adopted Nov. 17, 1976, specifically amended the Code by revising Ch. 30 as herein set out. Formerly, Ch. 30 had pertained to the same subject matter and had been derived from Code 1957, §§ 3000 - 3010, and Ord. No. 73-30, §§ 1 - 5, adopted July 11, 1973.
Cross reference - Community antenna television, Ch. 8.
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:
shall mean the Public Utilities Commission of the State of
California.
shall mean an area in the city described in a resolution
adopted pursuant to the provisions of section 30-3 of this chapter,
within which poles, overhead wires, and associated structures are
prohibited.
shall mean and include individuals, firms, corporations,
partnerships and their agents and employees.
shall mean poles, towers, supports, wires, conductors, cables,
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.
shall include all persons or entities supplying electric,
communication, community antenna television, or similar or associated
service.
(Ord. No. 76-33, § 1, 11-17-76)
The council may, from time to time, call public hearings to
ascertain whether the public health, safety or welfare require 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, community
antenna television, 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 10 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.
(Ord. No. 76-33, § 1, 11-17-76)
If, after the public hearing, the council finds that the public
health, safety or general welfare requires removal of poles, overhead
wires and associated overhead structures and underground installation
of wires and facilities for supplying electric, communication, community
antenna television or similar or associated service within a designated
area, the council shall, by resolution, declare all or any portion
of the designated area an underground utility district and order the
removal and underground installation. The decision of the council
shall be final and conclusive. Immediately following its adoption,
the city clerk shall cause a certified copy of the resolution to be
recorded in the office of the county recorder. The resolution shall
include a description and map of the area comprising the district.
It shall also provide that the council shall by subsequent resolution,
fix the time within which:
(a)
Property
in the district must be ready to receive underground services; and
(b)
Poles,
overhead wires and associated overhead structures shall be removed.
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A reasonable time shall be allowed for 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.
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(Ord. No. 76-33, § 1, 11-17-76)
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 30-3 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 30-9
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.
(Ord. No. 76-33, § 1, 11-17-76)
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.
(Ord. No. 76-33, § 1, 11-17-76)
This chapter and any resolution adopted pursuant to section
30-3 hereof, unless otherwise provided in such resolution, shall not
apply to the following types of facilities:
(1)
Any
municipal facility or equipment installed under the supervision and
to the satisfaction of the city engineer.
(2)
Poles
and associated overhead structures used exclusively for street lighting
or signalization.
(3)
Overhead
wires which originate on a pole outside the boundaries of a district
and terminate at a point of service on a building within the district.
(4)
Overhead
wires, either existing or new, which cross any portion of a district
but are suspended from poles, structures or towers located outside
of the district.
(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 of the same building or to an adjacent building
without crossing any public street.
(6)
Antenna,
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.
(9)
Stub
poles, anchors and guy wires originating in the district but used
to support poles outside district.
(Ord. No. 76-33, § 1, 11-17-76)
(a)
Within
10 days after the effective date of a resolution adopted pursuant
to section 30-3 hereof, the city clerk shall notify all affected utility
companies and all affected property owners of the provisions of the
resolution. The city clerk specifically shall notify the affected
persons that, if they desire to continue to receive electric, communication,
community antenna television or similar or associated service, they
shall provide, at their own expense, all facility changes on their
premises necessary to receive underground service from the lines relocated
underground of the supplying utility company subject to applicable
rules, regulations, and tariffs of the respective utility company
on file with the commission and to all other applicable requirements
of state laws and city ordinances.
(b)
Within
15 days of adoption by the council of the resolution fixing the time
within which conversions on private property and pole removal must
be accomplished, the city clerk shall further notify all the affected
utilities and affected persons that the work required to change the
facilities on the premises so as to receive electric, communication,
or community antenna television or similar or associated service provided
or to be provided by the utility company shall be accomplished on
or before the applicable date set forth in the resolution. This notice
shall also state the date all poles and related overhead structures
are to be removed from the district.
(c)
Notification
by the city clerk shall be made by mailing a copy of the resolution
adopted pursuant to section 30-3, 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. No. 76-33, § 1, 11-17-76)
If underground construction is necessary to provide utility
service within a district created by any resolution adopted pursuant
to section 30-3 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.
(Ord. No. 76-33, § 1, 11-17-76)
Every person owning, operating, leasing, occupying or renting
a building or structure within a district shall perform construction
and provide that portion of the service connection on his property
between the facilities referred to in section 30-8 and the termination
facility on or within said building or structure being served, all
in accordance with applicable rules, regulations and tariffs of the
respective utility or utilities on file with the commission and in
accordance with applicable requirements of state laws and city ordinances.
(Ord. No. 76-33, § 1, 11-17-76)
In the event any person owning, operating, leasing or occupying
or renting said property does not comply with the provisions of section
30-9 within the time provided for in the resolution enacted pursuant
to the provisions of section 30-3 hereof, the director of public works
shall post written notice on the property being served and 30 days
thereafter shall have the authority to order the disconnecting and
removal of any and all overhead service wires and associated facilities
supplying utility service to said property.
(Ord. No. 76-33, § 1, 11-17-76)
If the requirements of section 30-9 are not accomplished in
accordance with said provisions and within the time provided for in
the resolution enacted pursuant to section 30-3 hereof, the director
of public works may determine that the method of enforcement provided
in section 30-10 hereof is not an efficient or effective method of
enforcement, and may pursue the following procedure for enforcement
of the responsibility of property owners set forth in section 30-9:
(1)
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 10 days after receipt of
such notice.
(2)
The
notice to provide the required underground facilities may be given
either by personal service or by mail. In case of service by mail
on either of 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 such 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 the same appears on the last equalized assessment, and when no
address appears, to General Delivery, City of Escondido. If notice
is given by mail, such 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 either to 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 inches by 10 inches in size to be posted in a
conspicuous place on said premises.
(3)
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 said 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, including engineering, legal advertising
and all incidental expenses, will be assessed against the property
benefited and become a lien upon such property.
(4)
If,
upon the expiration of the thirty-day period, the said required underground
facilities have not been provided, the director of public works shall
forthwith proceed to do the work; provided, 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, have the authority
to order the disconnection and removal of any and all overhead service
wires and associated facilities supplying utility service to said
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 such premises, which said time shall not
be less than 10 days thereafter.
(5)
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 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 shall also set forth
the amount of the proposed assessment.
(6)
Upon
the date and hour set for the hearing of protests, the council shall
hear and consider the report and all protests, if there be any, and
then proceed to affirm, modify or reject the assessment.
(7)
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 said director shall turn over to the assessor
and tax collector a notice of lien on each of said properties on which
the assessment has not been paid, and said assessor and tax collector
shall add the amount of said assessment to the next regular bill for
taxes levied against the premises upon which said assessment was not
paid. Said assessment shall be due and payable at the same time as
said property taxes are due and payable, and if not paid when due
and payable, shall bear interest at the rate of 8% per annum.
(Ord. No. 76-33, § 1, 11-17-76)
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 30-3 hereof.
(Ord. No. 76-33, § 1, 11-17-76)
In the event that any act required by this chapter or by a resolution
adopted pursuant to section 30-3 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 limitation.
(Ord. No. 76-33, § 1, 11-17-76)
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 each 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.
(Ord. No. 76-33, § 1, 11-17-76)
If any section, subsection, sentence, 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 adopted the 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.
(Ord. No. 76-33, § 1, 11-17-76)
