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:
means the Public Utilities Commission of the state;
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 19.40.040;
means and includes individuals, firms, corporations, partnerships,
and their agents and employees;
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;
includes all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Ord. 1070 § 1, 1968)
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.
(Ord. 1070 § 2, 1968)
Prior to holding such public hearing, the city engineer 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.
(Ord. 1070 § 3, 1968)
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.
(Ord. 1070 § 4, 1968)
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 19.40.040, 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 the 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 19.40.100, and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in the chapter.
(Ord. 1070 § 5, 1968)
Notwithstanding the provisions of this chapter, overhead facilities
may be installed and maintained for a period, not to exceed thirty
days, without authority of the director of public works in order to
provide emergency service. The director of public works may grant
special permission on such terms as the director of public works 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. 1070 § 6, 1968)
This chapter and any resolution adopted pursuant to Section 19.40.040, shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
(1)
Any municipal facilities or equipment installed under the supervision
and to the satisfaction of the city engineer;
(2)
Poles, or electroliers used exclusively for street lighting;
(3)
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;
(4)
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;
(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 on the same building or to an
adjacent building without crossing any public street;
(6)
Antennae, 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.
(Ord. 1070 § 7, 1968)
Within ten days after the effective date of a resolution adopted pursuant to Section 19.40.040, the city clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adopting 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.
Notification by the city clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 19.40.040, together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and the affected utilities.
(Ord. 1070 § 8, 1968)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 19.40.040, 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. 1070 § 9, 1968)
(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 19.40.090 and the termination facility on or within the building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility or utilities on file with the commission. If the above is not accomplished by any person within the time provided for the resolution enacted pursuant to Section 19.40.040, 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 the 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 Glendora. 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 forty-eight hours after
the mailing thereof. If notice is given by mail, either the owner
or occupant of such premises, the city engineer shall, within forty-eight
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 the work is not completed within thirty
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 the property.
(d)
If upon the expiration of the thirty-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 communications services are being
furnished thereto, the city engineer shall in lieu of providing the
required underground facilities, have the authority to 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 or she 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 time shall not be less
than ten days thereafter.
(e)
The city engineer 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 thereof 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.
(f)
Upon the date and hour set for the hearing of protests, the council
shall hear and consider and report and all protests, if there be 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 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 assessor and
tax collector a notice of lien on each of the properties on which
the assessment has not been paid, and the assessor and tax collector
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 of six percent per year.
(Ord. 1070 § 10, 1968)
The city shall remove at its own expense all city-owned equipment from all poles required 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 19.40.040.
(Ord. 1070 § 11, 1968)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 19.40.040 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. 1070 § 12, 1968)
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 punished according to Section 1.01.110.
(Ord. 1070 § 13, 1968)
