For the purposes of this chapter, the following words and phrases
shall have the meanings set out below:
means the public utilities commission of the state.
means 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.
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 13.04.030.
includes all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Code 1980, § 13.04.010; Ord. No. 11, § 1, 1978; Ord. No. 870 (Recodification), 2014)
The city 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 city council shall be final and conclusive.
(Code 1980, § 13.04.020; Ord. No. 11, § 2, 1978; Ord. No. 870 (Recodification), 2014)
A.
If,
after any such public hearing, the city council finds that the public
necessity, health, safety or welfare requires such removal and such
underground installation within a designated area, the city council
shall, by resolution, declare such designated area an underground
utility district and order such removal and underground installation.
B.
The
city council shall also make one or more of the following findings:
1.
That
such undergrounding will avoid or eliminate an unusually heavy concentration
of overhead electric facilities;
2.
The
street or road right-of-way is extensively used by the general public
and carries a heavy volume of pedestrian or vehicular traffic;
3.
The
street or road right-of-way passes through a civic area or public
recreation area or an area of unusual scenic interest to the general
public.
C.
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 such 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 funds, labor, materials
and equipment necessary for such removal, and for the installation
of such underground facilities as may be occasioned thereby.
(Code 1980, § 13.04.030; Ord. No. 11, § 3, 1978; Ord. No. 870 (Recodification), 2014)
Whenever the city council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein, as provided in section 13.04.030, 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 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 13.04.090, and for such reasonable time required to remove the facilities after said work has been performed, and except as otherwise provided in this chapter.
(Code 1980, § 13.04.040; Ord. No. 11, § 4, 1978; Ord. No. 870 (Recodification), 2014)
Notwithstanding the provisions of this chapter, overhead facilities
may be installed and maintained for a period, not to exceed ten days,
without authority of the city engineer in order to provide emergency
service. The city engineer may grant special permission, on such terms
as deemed 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 1980, § 13.04.050; Ord. No. 11, § 5, 1978)
In any resolution adopted pursuant to section 13.04.030, the following are exempted unless specifically included in the resolution:
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 project.
(Code 1980, § 13.04.060; Ord. No. 11, § 6, 1978; Ord. No. 870 (Recodification), 2014)
A.
Within ten days after the effective date of a resolution adopted pursuant to section 13.04.030, the city clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The 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.
B.
Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to section 13.04.030, together with a copy of the ordinance codified in this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.
(Code 1980, § 13.04.070; Ord. No. 11, § 7, 1978)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to section 13.04.030, 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.
(Code 1980, § 13.04.080; Ord. No. 11, § 8, 1978)
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 or her property between the facilities referred to in section 13.04.080 and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to section 13.04.030, the city engineer 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 ten days after receipt of such notice.
B.
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 roll,
and when no address appears, to General Delivery, City of Rancho Cucamonga.
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 to either the owner
or occupant of such premises, the city engineer shall, within 48 hours
after the mailing thereof, cause a copy thereof, printed on a card
not less than eight inches by ten inches in size, to be posted in
a conspicuous place on the premises.
C.
The
notice given by the city engineer 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 city engineer will provide
such required underground facilities in which case the cost and expense
thereof will be assessed against the property benefited and become
a lien upon such property.
D.
If,
upon the expiration of the 30-day period, the said required underground
facilities have not been provided, the city engineer 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 city engineer may, in lieu of providing the required 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 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 such premises, which time shall not be less than
ten days thereafter.
E.
The
city engineer shall, 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 thereof to the owner thereof,
in the manner provided in this chapter for the giving of the notice
to provide the required underground facilities, of the time and place
that the city council will pass upon the report and will hear protests
against the assessment. Such notice shall also set forth the amount
of the proposed assessment.
F.
Upon
the date and hour set for the hearing of protests, the city council
shall hear and consider the report and all protests, if there are
any, and then proceed to affirm, modify or reject the assessment.
G.
If
any assessment is not paid within five days after its confirmation
by the city council, the amount of the assessment shall become 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 treasurer
a notice of lien on each of the properties on which the assessment
has not been paid, and the treasurer shall add 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 shall be due and
payable at the same time as the property taxes are due and payable,
and, if not paid when due and payable, shall bear interest at the
rate of six percent per annum.
(Code 1980, § 13.04.090; Ord. No. 11, § 9, 1978; Ord. No. 870 (Recodification), 2014)
The 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 13.04.030.
(Code 1980, § 13.04.100; Ord. No. 11, § 10, 1978)
In the event that any act required by this chapter or by resolution adopted pursuant to section 13.04.030 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 the act will be accomplished shall be extended for a period equivalent to the time of the limitation.
(Code 1980, § 13.04.110; Ord. No. 11, § 11, 1978)
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
$500.00 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.
(Code 1980, § 13.04.120; Ord. No. 11, § 12, 1978; Ord. No. 870 (Recodification), 2014)
