For the purposes of this chapter, the following words and phrases
shall have the meanings ascribed to them unless otherwise noted:
means the Public Utilities Commission of the state of California.
means and includes individuals, firms, corporations, partnerships,
and their agents and employees.
means 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.
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
this chapter.
means and includes all persons or entities supplying electric,
communication such as telephone and cable television, or similar or
associated service by means of electrical materials or devices.
(Prior code § 8-80)
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
concerned utilities and property owners within the proposed district
as shown on the last equalized assessment roll by regular mail of
the time and place of such hearings at least fifteen days prior to
the date thereof. Failure to give such notice by mail, or of the persons
addressed to receive same, shall not affect the validity of such ordinance
nor the authority of the city to proceed under this chapter. Each
hearing shall be open to the public and may be continued from time
to time. At each such hearing all property owners within the proposed
district shall be given an opportunity to be heard. The decision of
the city council shall be final and conclusive.
(Prior code § 8-81)
Prior to holding such public hearing, the director of public
service shall consult all affected utilities and shall prepare a report
for submission at such hearing containing, among other information,
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 § 8-82)
If, after a 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 council
shall, by resolution, declare such designated area an underground
utility district and order such removal and underground installation.
The council shall further determine that the city or a public utility
has voluntarily agreed to pay over fifty percent of all costs of conversion,
excluding costs of users' connections to underground electric or communications
facilities. 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 § 8-83)
Whenever the council creates an underground utility district
and orders the removal of poles, overhead wires and associated overhead
structures therein as provided in this chapter, it is 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 temporary 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 this chapter,
and for such reasonable time required to remove such facilities after
such work has been performed, and except as otherwise provided in
this chapter.
(Prior code § 8-84)
A.
Notwithstanding
any other provisions of this chapter, the city council may grant special
exceptions on a permanent or temporary basis to the provisions of
this chapter on such terms as the city council may deem appropriate
in cases of emergency or unusual circumstances to any person to erect,
construct, install, maintain, use or operate poles and overhead lines
and associated overhead structures within any underground utility
district provided that prior thereto the city council shall have made
a finding that granting of such special exception does not violate
the general purposes of this chapter, will not be detrimental to the
public interest, welfare, safety, peace or health, and that such action
will not constitute a grant of special privilege inconsistent with
the limitations upon other properties in the underground utility district.
B.
Notwithstanding
the provisions of this section, the director of public service, in
cases of emergency only, may grant permission for overhead facilities
to be installed for such period of time as will permit the city council,
at its next regular meeting, to consider the granting of a special
exception under the terms of this section.
(Prior code § 8-85)
The provisions of this chapter shall not apply to the following
types of facilities:
A.
Poles
used exclusively for police and fire alarm boxes, traffic control
facilities, street lighting, or any similar municipal equipment installed
under the supervision and the satisfaction of the director of public
service and approved by the city manager. Service to those facilities
shall be underground;
B.
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;
C.
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 volts;
D.
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 or alley;
E.
Antennas,
associated equipment and supporting structures, used by a utility
for furnishing communication services;
F.
Equipment
appurtenant to underground facilities, such as surface-mounted transformers,
pedestal-mounted terminal boxes and meter cabinets, and concealed
ducts;
G.
Temporary
poles, overhead wires and associated overhead structures used or to
be used in conjunction with construction projects.
(Prior code § 8-86)
A.
Within
thirty days after the effective date of a resolution adopted pursuant
to this chapter, the city clerk shall notify all affected utilities
and all persons owning real property within the district created by
such 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, subject to the applicable
rules, regulations and tariffs of the respective utility or utilities
on file with the commission or as authorized by the council.
B.
Notification
by the city clerk shall be made by mailing a copy of the resolution
adopted pursuant to this chapter together with a copy of the ordinance
codified in this section to affected property owners as such are shown
on the last equalized assessment roll and to the affected utilities.
Failure to give such notice by mail or of the persons addressed to
receive same shall not affect the validity of such ordinance nor the
authority of the city to proceed under this chapter.
(Prior code § 8-87)
If underground construction is necessary to provide utility
service within a district created by any resolution adopted pursuant
to this chapter, 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 and the electric rules and regulations
of the city.
(Prior code § 8-88)
A.
Every
person owning property within a district shall be responsible for
paying such person's proportionate share of the cost of the underground
facilities constructed in the public right-of-way or easements to
serve that property within the district. All such costs shall be in
conformance with applicable rules, regulations and tariffs of the
respective utilities on file with the commission and the electric
service rules and regulations of the city.
B.
Every
person owning, operating, leasing, occupying or renting a building
or structure within a district shall, at such person's own expense,
construct and provide that portion of the service connection on such
person's property between the facilities referred to in this chapter
and the termination facility on or within such building or structure
being served, all in accordance with the applicable rules, regulations
and tariffs of the respective utilities concerned and applicable rules
and regulations of the city.
C.
If
the aforesaid work is not accomplished within the time specified in
the notice, the director of public service shall give written notice
by mail or personal service to the owner of record and to the person
in possession of the affected property, to provide the required underground
facilities within ten days after receipt of notice. Mailed notice
shall be deemed to have been received by the addressee within forty-eight
hours after mailing. Where notice is mailed to either the owner or
occupant, a notice not less than eight by ten inches in size shall
also be posted in a conspicuous place on the premises by the director
of public service within forty-eight hours after the mailing thereof.
D.
The
notice shall specify with particularity what work is required to be
done and shall state that if such work is not completed by the affected
property owner within thirty days after receipt of notice, the director
of public service will perform the required work and the costs and
expenses therewith will be assessed against the affected property
and become a lien thereon.
E.
If,
upon the expiration of the thirty-day period, the required work is
not performed, the director of public service shall cause the work
to be performed. If, however, the premises are unoccupied and no utility
services are being furnished thereto, the director of public service
may authorize the disconnection and removal of any and all overhead
service wires and associated facilities to such property. Upon completion
of the work by the director of public service, he or she shall file
a written report for the council setting forth the properties disconnected
and from which overhead service was removed, and the properties where
required underground facilities work has been performed by city, together
with a legal description of the property against which the cost is
to be assessed, and the costs to be assessed. The council shall fix
a time and place for hearing protests against the assessment of the
cost of such work, which hearing shall not be less than ten days after
the filing of such report.
F.
The director of public service shall notify the owner and the person in possession of the premises of the time and place of such protest hearing. Notice shall be given in the same manner as provided in subsection C of this section and shall set forth the amount of the proposed assessment.
G.
At
the hearing, the council shall hear and consider the report and any
protests and may affirm, modify or reject the assessment.
H.
Unless
the payment of the assessment is authorized to be payable in installments,
the amount of each such assessment shall become due and payable to
city upon confirmation by the council of the director of public service's
report. If any assessment is not paid within thirty days, interest
shall be added to the unpaid balance at the rate of eight percent
per year commencing on the thirty-first day after such assessment
becomes due.
I.
1.
The
council may authorize, by motion, that the payment of any assessment
of more than one hundred dollars may, at the assessee's option, be
made in not to exceed ten annual installments, provided, however,
that installment payments shall not be permitted where the assessment
is one hundred dollars or less.
2.
The
first installment shall be paid on or before the thirtieth day after
confirmation of the director of public service's report. Subsequent
installments and interest shall be paid on or before the successive
anniversary dates.
3.
The
unpaid balance of the assessment shall bear interest at the rate of
eight percent per year.
4.
If
any installment is not paid on or before the anniversary date, the
entire unpaid balance of such assessment shall become due and payable
immediately.
J.
Any
assessment or installment not paid within six months from the date
it is due and payable is delinquent. A delinquent penalty of six percent
of the unpaid balance, including principal and interest, shall be
added thereto.
K.
If
any assessment is not paid in full within thirty days after confirmation
of the assessment, a lien shall be impressed against the property
so assessed for the total unpaid balance of such assessment, together
with interest and penalties thereon, if any, effective as of the time
of recordation of a notice of lien, which lien shall continue until
the assessment, together with interest and penalties thereon, has
been paid in full, or until such lien has been discharged of record.
L.
The
city clerk is authorized to record in the office of the county recorder
of Los Angeles County a certificate of lien in the following form:
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NOTICE OF LIEN
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Pursuant to the authority vested in the Director of Public Service by Section 13.52.100 of the Municipal Code of the City of Glendale, the Director of Public Service did on ____________, 20__, cause certain work to be performed, and the Council of the City of Glendale did on ____________, 20, by Resolution No.________; in the files of the City Clerk, assess the cost of such construction upon the real property in the City of Glendale hereinafter described, and the same has not been paid nor any part thereof, and the said City of Glendale does hereby claim a lien on said real property in the total sum of $___________; less the sum of $___________; which has been paid, leaving the principal sum of $___________; now due, owing and unpaid, and the same shall be a lien upon said real property until the said sum, with interest at the rate of 8 percent per annum, from ____________________, 20__, and any penalties which may become due, has been paid in full and discharged of record.
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The real property hereinbefore mentioned and upon which lien
is claimed is that certain parcel of land in the City of Glendale,
County of Los Angeles, State of California, described as follows:
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(DESCRIPTION OF PROPERTY)
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Dated:
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City Clerk of the City of Glendale
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(Prior code § 8-89)
The city shall remove all city-owned equipment from all poles
required to be removed under this chapter 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 this chapter.
(Prior code § 8-90)
In the event that any act required by this chapter or by a resolution
adopted pursuant to this chapter 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.
(Prior code § 8-91)
It is 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
five hundred dollars 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.
(Prior code § 8-92)
