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 of California;
mean 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 11.08.030;
includes all persons or entities supplying electric, communication
or similar or associated service by means of electrical materials
or devices.
(Ord. 7037 § 1, 1968)
The council may from time to time call public hearings to ascertain
whether the public 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
15 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. 7037 § 2, 1968; Ord. 1296 § 20, 1987)
If after the public hearing the City Council determines that
the city or a public utility has agreed to pay over 50% of all costs
of conversion, excluding costs of users' connections to underground
electric or communication facilities and that the public health, safety
and welfare requires such removal and underground installation, the
City Council may by resolution declare the area an underground utility
district and order the work. Such resolution shall include a description
of the area comprising such district and shall provide that the council
shall fix by subsequent resolution, the time within which such removal
and underground installation shall be accomplished, 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. 7037 § 3, 1968; Ord. 7042 § 1, 1973; Ord. 1296 § 21, 1987)
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 11.08.030, 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 11.08.090, 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. 7037 § 4, 1968)
Notwithstanding the provisions of this chapter, overhead facilities
may be installed and maintained for a period, not to exceed 30 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. 7037 § 5, 1968)
Any resolution adopted pursuant to Section 11.08.030, shall not apply to any of the following types of facilities, unless otherwise provided for in such resolution:
A.
Any
municipal facilities or equipment installed under the supervision
and to the satisfaction of the Transportation Director;
B.
Poles,
or electroliers used exclusively for street lighting;
C.
Poles,
overhead wires and associated overhead structures used for the transmission
of electric energy at nominal voltages in excess of 34,500 volts;
D.
Antennae,
associated equipment and supporting structures, used by a utility
for furnishing communication services;
E.
Equipment
appurtenant to underground facilities, such as surface mounted transformers,
pedestal mounted terminal boxes and meter cabinets, and concealed
ducts;
F.
Temporary
poles, overhead wires and associated overhead structures used or to
be used in conjunction with construction projects;
G.
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;
H.
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;
I.
New
or existing anchor poles and guy wires within the district necessary
to support overhead facilities outside the district.
(Ord. 7037 § 6, 1968; Ord. 7042 § 1, 1973; Ord. CS-164 § 2, 2011)
Within 10 days after the effective date of a resolution adopted pursuant to Section 11.08.030, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by the 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 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 11.08.030, 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.
(Ord. 7037 § 7, 1968)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 11.08.030, 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. 7037 § 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 or her property between the facilities referred to in Section 11.08.080 and the termination facility on or within said building or structure being served, all in accordance with 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 11.08.030, the City Engineer shall post written notice on the property being served and 30 days thereafter shall have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property.
C.
In addition to the provisions of subsection B above, upon direction by the City Council, the 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 10 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 Carlsbad." 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 10 inches in size, to be posted in a conspicuous
place on the 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 the 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 become a lien upon the property benefited.
F.
Upon
completion of the work by the City Engineer, the City Engineer 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 become a lien. The council shall thereupon fix
a time and place for hearing protests against the cost of such work
upon such premises, which said time shall not be less than 10 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 council will pass upon such report and will hear protests.
Such notice shall also set forth the amount of the proposed lien.
H.
Upon
the date and hour set for the 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 lien.
I.
If
these costs are not paid within five days after their confirmation
by the City Council, they shall become a lien upon the real property
as described 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 these costs have not been paid, and
the assessor and tax collector shall add the amount of these costs
to the next regular bill for taxes levied against the premises for
which the work has been performed and has not been paid. These costs
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 year.
(Ord. 7037 § 9, 1968; Ord. NS-391 §§ 1—5,
1997)
The city shall remove at its own expense 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 Section 11.08.030.
(Ord. 7037 § 10, 1968)
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 11.08.030 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. 7037 § 11, 1968)
