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:
"Commission"
means the Public Utilities Commission of the state of California.
"Person"
means and includes individuals, firms, corporations, partnerships,
and their agents and employees.
"Poles, overhead wires and associated overhead structures"
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.
"Utility"
includes all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Ord. 27, 1977)
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. 27, 1977)
A. 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. The 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.
B. The
council shall also, by resolution, 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 adjoins or passes through a civic area
or public recreation area or an area of unusual scenic interest to
the general public.
(Ord. 27, 1977)
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
10.04.030, 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
10.04.030 and for such reasonable time required to remove the facilities after the work has been performed, and except as otherwise provided in this chapter.
(Ord. 27, 1977)
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 manager in order to provide emergency
service. The city may grant special permission, on such terms as the
city 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. 27, 1977)
In any resolution adopted pursuant to Section
10.04.030 hereof, the city may authorize any or all of the following exceptions:
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 projects.
(Ord. 27, 1977)
A. Within ten days after the effective date of a resolution adopted pursuant to Section
10.04.030 hereof, the city clerk shall notify all affected utilities and all persons owning real property within the district created by the adoption of the resolution hereof. 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
10.04.030 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. 27, 1977)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section
10.04.030, 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.
(Ord. 27, 1977)
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
10.04.080 and the termination facility on or within the 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
10.04.030, 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 the premises at the premises, and the
notice must be addressed to the owner thereof as the owner's name
appears, and must be addressed to the 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 La Cañada Flintridge.
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 the 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 the work is not completed within 30
days after receipt of the notice, the city engineer will provide such
required underground facilities, in which case the cost and expense
thereof will be assessed against the property benefitted and become
a lien upon the property.
D. If
upon the expiration of the 30 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 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 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
said 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 the 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 the report and will hear protests
against such assessment. The notice shall also set forth the amount
of the proposed assessment.
F. Upon
the date and hour set for 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.
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 rate of six percent per annum.
(Ord. 27, 1977)
Notwithstanding the provisions of Section
10.04.090, the city may, if it finds and determines that the general public would benefit by so doing, contribute some or all of the funds necessary to underground utilities and otherwise comply with the responsibilities of the property owner as set forth in Section
10.04.090.
(Ord. 27, 1977)
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 use of such poles to remove the same within the time specified in the resolution enacted pursuant to Section
10.04.030.
(Ord. 27, 1977)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section
10.04.030 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 such act will be accomplished shall be extended for a period equivalent to the time of such limitation.
(Ord. 27, 1977)
It is unlawful for any person, firm or corporation to disconnect,
or cause or permit to be disconnected, any gas stove, gas heater,
or fixture or gas appliance from any gas service pipe, house pipe,
outlet or connection, without immediately thereafter capping, plugging
or closing such service pipe, house pipe, outlet or connection by
means of a hosecock, stopcock, valve or cap.
Each such hosecock, stopcock, valve or cap shall be of iron or brass, shall be threaded with standard iron pipe threads, and shall be securely installed on such service pipe, outlet or connection and shall be capable of withstanding the pressure test provided for in Section
10.08.040.
(LACC Ord. 1803 § 1, 1930)
It shall be the duty of each person, firm or corporation supplying
gas to any building or structure or to any gas stove, gas heater,
gas fixture or gas appliance to attach to the riser pipe adjacent
to the meterdock at the time of installing any gas meter or the turning
on or turning off of gas service pipe, house pipe, outlet or connection
thereof will be capped, plugged or closed, as herein in this chapter
provided, whenever any gas stove, gas heater, gas fixture or gas appliance
is removed or disconnected therefrom.
(LACC Ord. 1803 § 2, 1930)
It is unlawful for any person, firm or corporation, other than
a duly authorized agent or employee of a person, firm or corporation
furnishing or applying gas to, and whose service pipe supplies or
connects with, any particular premises to turn on or reconnect, or
to use or permit to be turned on or reconnected, gas service in or
on any premises where and when gas service is not at the time being
metered or furnished.
It is unlawful for any person, firm or corporation to turn on or connect, or to cause or permit to be turned on or connected, in or on any premises unless each outlet is properly and securely connected to a gas stove, heater, fixture or appliance, or is capped, plugged or closed by a hosecock, stopcock, valve cap so connected or installed as to be capable of withstanding pressure test provided for in Section
10.08.040.
(LACC Ord. 1803 § 3, 1930)
Each hosecock, stopcock, valve or cap required by the provisions
of this chapter shall be so constructed and installed as to render
the portion of the pipe line whereon the same is installed capable
of withstanding without leaking, an air pressure of not less than
ten pounds per square inch, sustained without diminishing for a period
of not less than five minutes.
Provided, that where any gas piping upon which the same is installed
is intended to or does carry a greater pressure than the normal pressure
in gas supply mains, such installation shall be capable of withstanding,
without leaking, an air pressure of not less than twice the pressure
intended to be carried thereby, sustained without diminishing, for
a period of not less than five minutes.
(LACC Ord. 1803 § 4, 1930)