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HomeMy WebLinkAboutCC ORD 1968-1211 Underground utilities (Repealed by 1414)1211 ORDINANCE NO. 1211 AN ORDINANCE OF THE CITY OF NATIONAL CITY, RELATING TO THE REQUIREMENTS FOR THE UNDERGROUNDING OF UTILITIES Article 1. Regulations and procedures for the removal of overhead utility facilities and the installation of underground facilities in underground utility districts. Section 1. Definitions Whenever in this ordinance 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" shall mean the Public Utilities Commission of the State of California. "Underground Utility District" or "District" shall mean that ea in the City within which ales, overhead wires, and asso- ated overhead structures are prohibited as such area is de- scribed in a resolution adopted pursuant to the provisions of Section 2 of this ordinance. "Person" shall mean and in- clude individuals, firms, corpor- ations, partnerships, and their agents and employees. "Poles, overhead wires and as- sociated overhead structures" shall mean poles, towers, sup- ports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communica- tion circuits, appliances, attach- ments and appurtenances located above ground within a District and used or useful in supplying electric, communication or simi- lar or associated service. "Utility" shall include all per- sons or entities supplying elec- tric, communication, television or radio reception or similar or as- sociated service by means of electric materials or devices. Section 2. Public Hearing by Council The Council may, from time to time, call public hearings to as- certain whether the public heal- th, safety or welfare requires the removal of poles, overhead wires and associated overhead struc- tures within designated areas of the City and the underground in- stallation of wires and facilities for supplying electric, communi- cation, or similar or associated service. The City Clerk shall notify all affected property own- ers as shown on the last equal- ed assessment roll and utilities 5ncerned by mail of the time equal- 'zed place of such hearings at least ten (10) 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. Section 3. Underground Utility Districts: Council flay Designate By Resolution. If, after any such public hear- ing, the Council finds that the public 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 instal- lation. Such resolution shall in- clude a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplish- ed and within which affected property owners must be ready look, to receive underground service. A reasonable time shall be al- lowed for such removal and un- ; derground installation, having due regard for the availability of Tabor, materials and equipment necessary for such removal btt.gas for the installation of such un- derground facilities as may be occasioned thereby. Immediate- ly following its adoption, the City Clerk shall cause a certified copy of such resolution to be recorded in the Office of the County Recorder. Section 4. Unlawful Acts. ,.,-.. ' 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 2 hereof, it shall be 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 fa- cilities are required to be re- moved 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 under- ground work necessary for such owner or occupant to continue to receive utility service as provided in Section 8 hereof, and for such reasonable time required to re- move said facilities after said work has been performed and except as otherwise provided in this Section. Section 5. Exception, Emer- gency or Unusual Circumstances. Notwithstanding the provisions of this ordinance, overhead fa- cilities may be installed and maintained for a period, not to exceed thirty (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 circumstan- ces, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead struc- tures. Section 6. Other Exceptions. This ordinance and any resolu- tion adopted pursuant to Section 3 hereof, unless otherwise pro- vided in such resolution, shall not apply to the following types of facilities: 1. Any municipal facility or equipment installed under the supervision and to the satis- faction of the City Engineer. 2. Poles or electroliers used ex- clusively for street lighting. 3. Overhead wires (exclusive of supporting structures) cross- ing any portion of a District within which overhead wires have been prohibited, or con- necting 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 60,000 volts. 5. Overhead wires attached to the exterior surface of a build- ing by means of a bracket or other fixture and extending from one location on the build- ing to another location of the same building or to an adja- cent building without crossing any public street. G. Antennas, associated equip- ment and supporting struc- tures used by a utility for fur- nishing communication ser- vices. 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 construc- tion projects. Section 7. Notice to Property Owners and Utility Companies. Within ten (10) days, after effective date of a resolution adopted pursuant to Section 2 hereof, the City Clerk shall noti- fy all affected utilities and all persons owning real property within the District created by said resolution of the adoption tnereof. Said City Clerk shall further notify such affected property owners of the necessity that, if they or any person occu- pying such property desire to continue to receive electric, com- munication or similar or associ- ated service, they or such occu- pant shall provide all necessary facility changes on their prem- ises so as to receive such service from the lines of the supplying atility or utilities at a new loca- tion, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission. Noti- fication by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 3 together with a copy of this ordinance, to affected property owners as such are shown on the last equalized as- sessment roll and to the affect- ed utilities. Section 8. Responsibility of Utility Companies. If underground construction is necessary to provide utility ser- vice within a District created by any resolution adopted pursuant to Section 3 hereof, the supply- ing utility shall furnish that portion of the conduits, conduct- ors and associated equipment re- quired to be furnished by it un- der its applicable rules, regula- tions and tariffs on file with the Commission. Section 9. Responsibility of Property Owner. Every person owning, operat- ing, leasing, occupying or rent- ing a building structure within a District shall perform con- struction and provide that por- tion of the service connection on his property between the facili- ties referred to in Section 8, and the termination facility on or within said building or structure being served, all in accordance with applicable rules, regula- tions and tariffs of the respec- tive utility or utilities on file with the Commission. Section 10. Responsibility of Property Owner; Enforcement. In the event any person own- ing, operating, leasing, occupying or renting said property does not comply with the provisions of Section 9 within the time provid- ed for in the resolution enacted pursuant to the provisions of Section 2 hereof, the City Engi- neer shall post written notice on the property being served and thirty (30) days thereafter shall have the authority to order the disconnecting and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Section 11. Responsibility of Property Owner; Enforcement; Council Hearing If the requirements of Section 9 are not accomplished in accord- ance with said provisions and within the time provided for in the resolution enacted pursu- ant to Section 3 hereof, the City Engineer may determine that the method of enforcement pro- vided in Section 10 hereof is not an efficient or effective method of enforcement, and may pursue the following procedure for enforcement of the responsi- bility of property owners set forth in Section 9. 1. The City Engineer shall give notice in writing to the per- son in possession of such prem- ises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required un- derground facilities within ten (10) days after receipt of such notice. 2. The notice to provide the required underground facilities may be given either by personal service or by mail. In the 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 own- er's name appears, and must be addressed to such owner's last known address as the same ap- pears on the last equalized as- sessment, and when no address appears, to General Delivery, City of National City. If notice is given by mail, such notice shall be deemed to have been re- ceived by the person to whom it has been sent within forty-eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or oc- cupant of such premises, the City Engineer shall, within for- ty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches (8") by ten inches (10") in size to be posted in a conspicuous place on said premises. 3. The notice given by the City Engineer to provide the re- quired underground facilities shall particularly specify that work is required to be done, and shall state that if said work is net completed within thirty (30) days after receipt of such notice, the City Engineer will provide such required under- ground facilities, in which case the cost and expense thereof, in- cluding engineering, legal, ad- vertising and all incidental ex- penses, will be assessed against the property benefitted and be- come a lien upon such property. 4. If, upon the expiration of the thirty (30) day period, the said required underground facil- ities have not been provided, the City Engineer shall forthwith proceed to do the work, provid- ed, however if such premises are unoccupied and no electric or communication services are be- ing furnished thereto, the City Engineer shall, in lieu of provid- ing the required underground fa- cilities, have the authority to or- der the disconnection and re- moval of any and all overhead service wires and associated fa- cilities supplying utility service to said property. Upon com- pletion of the work by the City Engineer, he shall file a written report with the City Council, set- ting forth the fact that the re- quired underground facilities have been provided and the cost thereof together with a legal de- scription of the property against which such cost is to be assessed. The Council shall thereupon fix a time and place for hearing pro- tests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten (10) days thereafter. 5. The City Engineer shall forthwith, upon the time for hearing such protests having been fixed, give a notice in writing to the person in posses- sion of such premises, and a no- tice in writing to the owner thereof, in the manner herein - above provided for the giving of the notice to provide the requir ed underground facilities, of t time and place that the Counc will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment. 6. 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. 7. If any assessment is not paid within five (5) days after its confirmation by the Council, the amount of the assessment shall become a lien upon the property against which the as- sessment is made by the City Engineer, and said Engineer shall turn over to the Assessor and Tax Collector a notice of lien on each of said properties on 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 lev- ied 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 eight per cent (8%) per annum. Section 12. Responsibility of City. City shall remove at :its own expense all City -owned equip- ment 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 3 hereof. Section 13. Extension of Time. In the event that any act re- quired by this ordinance or by a resolution adopted pursuant to Section 3 hereof cannot be per- formed within the time provided on account of shortage of mater- ials, war, restraint by public authorities, strikes, labor dis- turbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be ex- tended for a period equivalent to the time of such limitation. Section 14. It shall be unlaw- ful for any person to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person vio- lating any provision of this ordi- nance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall Ibe punished by a fine not ex- ceeding FIVE HUNDRED DOL- LARS (3500.00) or by imprison- ment not exceeding six (6) months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each clay during any portion of which any violation of any of the pro- visions of this ordinance is com- mitted, continued or permitted by such persons, and shall be pun- ishable therefor as provided for in this ordinance. Section 15. This ordinance shall take effect and be in full force en the thirty-first day from and after its passage and approval. Section 16. The adoption of this ordinance shall not be con- strued as an amendment to the existing franchise between the City of National City and the San Diego Gas and Electric Company nor shall it be construed as a relinquishment in any police powers now vested in the City of National City. PASSED AND ADOPTED by the City Council of the City of National City, California, this 12th day of November, 1968, by the following vote, to -wit: AYES: Councilmen Camacho, Colburn, Hogue, Reid, Morgan. NAYS: Councilmen None ABSENT: None Kile Morgan, Mayor of the City of National City, California ATTEST: Ione Minogue City Clerk I hereby approve the forego- ing Ordinance this 12th day of November, 1968. Kite Morgan, Mayor of the City of National City, California 1 hereby certify that the above and foregoing is a full and true copy of Ordinance No. 1211 of the Ordinances of the City of National City, Calif.rnia, as the City C. ncil of u approved by the City, on . e 12th 968. Ione Minogue ity Clerk of the day (Signe (Seal) City o National City, California. NC-3973, 11/2'1/68 AND I HEREBY CERTIFY that the -ame has been duly j. shed ccor ling to law. (City Clerk, City of National City, California n