HomeMy WebLinkAbout11 - Ordinances ORDINANCE NO. 11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ESTABLISHING REGULATIONS AND
PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES
AND THE INSTALLATION OF UNDERGROUND FACILITIES IN UNDER-
GROUND UTILITY DISTRICTS.
Be it ordained by the Council of the City of Rancho Cucamonga,
as follows:
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:
(a) "Commission" shall mean the Public Utilities Commission of the
State of California.
(b) "Underground Utility District" or "District" shall mean that
area in the City within which poles, overhead wires, and association over-
head structures are prohibited as such area is described in a resolution
adopted pursuant to the provisions of Section 3 of this ordinance.
(c) "Person" shall mean and include individuals, firms, corporations,
partnerships, and their agents and employees.
(d) "Poles, overhead wires and associated overhead structures"
shall mean 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.
(e) "Utility" shall include all persons or entities supplying
electric, communication or similar or associated service by means of electrical
materials or devices.
SECTION 2: Public Hearing by Council
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 (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 decisio: the council shall be final and
conclusive.
SECTION 3: 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.
Ordinance No. 11
Page 2
The Council shall also make one or more of the following findings:
(a) That such undergrounding will avoid or eliminate an unusually heavy
concentration of overhead electric facilities;
(b) The street or road right-of-way is extensively used by the general
public and carries a heavy volume of pedestrian or vehicular traffic;
(c) The street or road right-of-way passes through a civic area or public
recreation area or an area of unusual scenic interest to the general public.
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 funds
labor, materials and equipment necessary for such removal and for the installation
of such underground facilities as may be occasioned thereby.
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 3 hereof, it shall be unlawful for any person or utility to
erect, construct, place, keep, maintain, continue, employ or operate poles, over-
head 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 9 hereof, and for such reasonable
time required to remove said facilities after said work has been performed, and
except as otherwise provided in this ordinance.
SECTION 5: Exception, Emergency or Unusual Circumstances
Notwithstanding the provisions of this ordinance, overhead facilities
may be installed and maintained for a period, not to exceed ten (10) days, with-
out authority of the City Engineer in order to provide emergency service. The
City Engineer may grant special permission, on such terms as deemed 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.
SECTION 6: Other Exceptions
In any resolution adopted pursuant to Section 3 hereof, the following are
exempted unless specifically included in the resolution:
(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.
Ordinance No. 11
Page 3
(h) Temporary poles, overhead wires and associated overhead
structures used or to be used in conjunction with construction project.
SECTION 7: Notice to Property Owners and Utility Companies
Within ten (10) days after the effective date of a resolution
adopted pursuant to Section 3 hereof, 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. Said 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.
Notification 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 as shown on the last equalized
assessment roll and to the affected utilities.
SECTION 8: Responsibility of Utility Companies
If underground construction is necessary to provide utility service
within a District created by any resolution adopted pursuant to Section 3
hereof, 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.
SECTION 9: Responsibility of Property Owners
(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 8 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 3 hereof, 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 (10) 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
Rancho Cucamonga. 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 (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 forty-eight (48) hours after the mailing thereof, cause a copy thereof,
printed on a card not less than eight (8) inches by ten (10) inches in
size, to be posted in a conspicuous place on said 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 said work is not completed within thirty (30)
days after receipt of such notice, the City Engineer will provide such
required underground facilities in which case the cost ar axpense thereof
will be assessed against the property benefited and becom,_ a lien upon
such property.
(d) If upon the expiration of the thirty (30) day period, the said
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 communication services are being furnished
thereto, the City Engineer may in lieu of providing the required 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
Ordinance No. 11
Page 4
report with the City Council setting forth the fact that the required under-
ground 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 (10) 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 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 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 (5) 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 Treasurer a notice of lien on
each of said properties on which the assessment has not been paid, and said
Treasurer shall add the amount of said assessment to the next regular bi' i_ for
taxes levied against the premises upon which said assessment was not pai.I.
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 per cent (6%) per annum.
SECTION 10: Responsibility of City
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 3 hereof.
SECTION 11: Extension of Time
In the event that any act required by this ordinance or by a resolution
adopted pursuant to Section 3 hereof 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.
SECTION 12: Penalty
It shall be unlawful for any person to violate any provision or to
fail to comply with any of the requirements of this ordinance. Any person
violating any provision of this ordinance 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 ($500.00) or by
imprisonment 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 day
during any portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person, and shall be
punishable therefor as provided for in this ordinance.
SECTION 13: Constitutionality
If any section, sub-section, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance. The Council hereby declares that it
would have adopted the ordinance and each section, sub-section, sentence, clause
or phrase thereof, irrespective of the fact that any one or more sections,
sub-sections, sentences, clauses or phrases be declared invalid.
Ordinance No. 11
Page 5
SECTION 14: Publication
The City Clerk is hereby directed to cause this ordinance to be
posted in the Post Office of Alta Loma, Cucamonga, and Etiwanda designated
for that purpose by the Council.
SECTION 15: Effective Date
This ordinance shall take effect and be in force thirty (30) days
from and after its adoption.
This ordinance was introduced and read the 18th day of January, 1978,
and passed and adopted on the 25th day of January, 1978 by the following
vote:
AYES: Mikels, Schlosser, West, Frost
NOES: None
ABSENT: Palombo
ayor
4RancIh,4. Cucamonga
ATTEST:
City C erk
H. K. Hunter