Whenever in this chapter the following words or phrases are
used, they shall have the respective meanings assigned to them in
the following definitions:
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 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 Section 14.16.040.
includes all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Ord. 1214 § 1(a)(b)(d)(e),
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
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 such hearing all persons interested
shall be given an opportunity to be heard. The decision of the council
shall be final and conclusive.
(Ord. 1214 § 2(a), 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. 1214 § 2(b), 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. 1214 § 3, 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 14.16.040 hereof, 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 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 14.16.100, 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. 1214 § 4, 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 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. 1214 § 5, 1968)
In any resolution adopted pursuant to Section 14.16.040 hereof, the city may authorize any or all of the following exceptions:
(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. 1214 § 6, 1968)
Within ten days after the effective date of a resolution adopted pursuant to Section 14.16.040, 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, 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 14. 16.040, 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. 1214 § 7, 1968)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 14.16.040, 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. 1214 § 8, 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 property between the facilities referred to in Section 14.16.090 and the termination facility on or within said 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.
(b)
In the event any person owning, operating, leasing, occupying or renting said property does not comply with the provisions of subsection (a) of this section within the time provided for in the resolution enacted pursuant to Section 14.16.040, the city engineer may post written notice on the property being served and thirty days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property; or
(c)
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 14.16.090 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 14.16.040, 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 receipt of such notice.
(d)
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 Monterey Park. 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 to 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 said premises.
(e)
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 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 such property.
(f)
If upon the expiration of the thirty-day period, the 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 may in lieu of providing the required underground
facilities, authorize 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 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
said time shall not be less than ten days thereafter.
(g)
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 city 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.
(h)
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.
(i)
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, and the city
engineer is directed to record a notice of such lien and to turn over
to the assessor and tax collector a notice of the lien on each of
said properties in 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 six percent per year.
(j)
At the time it affirms or modifies the assessment, the city council
shall have the power, in its discretion, to determine that the payment
of such assessment may be made in annual installments, in any event
not to exceed ten, and that the assessment so deferred shall bear
interest on the unpaid balance at the rate of six percent per year
from the date the first installment is due and payable. The city engineer
is directed to notify the assessor and tax collector each year of
the installment due on each of said properties, and said assessor
and tax collector shall add the amount of said installment to the
next regular bill for taxes levied against the premises upon which
said assessment was not paid. Each of said installments shall be due
and payable at the same time as said property taxes are due and payable.
During the term of said assessment installment payments, the property
owner may pay the unpaid balance due to the city without penalty.
(Prior code § 7408; Ord. 1214 § 9, 1968; Ord. 1247 § 1, 1969; Ord. 1422 §§ 1, 2, 1976)
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 14.16.040 of this chapter.
(Ord. 1214 § 10, 1968)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 14.16.040 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. 1214 § 11, 1968)
