It is the purpose of this chapter to establish procedures for
the removal of overhead utility facilities and the installation of
underground facilities in underground utility districts.
(Prior code § 8800)
Whenever in this chapter the words or phrases defined in this
section 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.
"Underground utility district" or "district"
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
15.40.040 of this chapter.
"Utility"
means and includes all persons or entities supplying electric,
communications or similar or associated service by means of electrical
materials or devices.
(Prior code § 8801)
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.
Prior to holding of such hearing, the city engineer shall consult
with all affected utilities.
(Prior code § 8802)
The city council may designate underground utility districts
by resolution. 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.
(Prior code § 8803)
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
15.40.040 of 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 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
15.40.100 of this chapter, and for such reasonable time required to remove such facilities after the work has been performed, and except as otherwise provided in this chapter.
(Prior code § 8804)
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 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.
(Prior code § 8805)
In any resolution adopted pursuant to Section
15.40.040 of this chapter, 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 thirty-four thousand
five hundred 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.
(Prior code § 8806)
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section
15.40.040 of 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.
(Prior code § 8808)
The city council may, at its discretion, adopt the following procedure in lieu of Section
15.40.100:
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
15.40.090 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
15.40.040 of this chapter, 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 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 Pico Rivera. 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 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 required underground
facilities have not been provided, the city engineer shall forthwith
proceed to do the work; provided, however, if the 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
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 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 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 such 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 year.
(Prior code § 8810)
The city shall remove, at its own expense, all city-owned equipment from all poles required to be removed under the provisions of 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
15.40.040 of this chapter.
(Prior code § 8811)
In the event that any act required by this chapter, or by a resolution adopted pursuant to Section
15.40.040 of 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 § 8812)
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 § 8813)