HomeMy WebLinkAbout1968-08-20; City Council; 7037; Overhead utility facs removal & underground facs install in UUD'sm *
ORDINANCE NO. 7037
AN ORDINANCE OF THE CITY OF CARLSBAD ESTABLISHING
REGULATIONS AND PROCEDURES FOR THE REMOVAL OF OVERHEAD UTILITY FACILITIES AND TfIE INSTALLATION OF UNDERGROUND
FACILITIES IN UNDERGROUND UTILITY DISTRICTS.
The City Council of the City of Carlsbad does ordain as
:01 lows :
SECTION 1: DEFINITIONS
Whenever in this ordinan he words or phrases hereinafter in
:his section defined are used, they shall have the res
neanings assigned to them n the following definitions 9
(a) "Comnission" shall mea the Public Utilities Comrrission
of the State of California.
(b) "Underground Utility District" or "District" shall mean
in the City within which poles, overhead wires,
ated overhead structures are prohibited as such
esolution 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 emgloyeez
(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 withii; a District and used or useful in supplying
electric, communication or similar or associated service.
"Utility" shall include all persons or entities supplying 1
electric, communication or similar or associated service
by means of electrical materials or devices.
(e)
SECTION 2: - PUBLIC HEARING BY COUNCIL
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The Council nay 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 afid the underground installatioj
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
tine to time.
given an opportunity to be heard.
3e final and conclusive.
At each such hearing a11 persons interested shall be
The decision of the council shal.
SECTION 3: COlJNCI J, ?-fAY DESIGNATE UNDERGROUND UTILITY DISTF.ICTE
3Y RESOLUTION.
If, after any such public hearing the Council finds that the
lublic health, safety or welfare requires such removal and such
inderground installation within a designated area, the Council shall
'y resolution, declare such designated area an Underground IJtility
Iistrict and order such removal and underground installation,
'esolution shall include a description of the area comprising such
istrict and shall fix the time within which such removal and
nderground installation shall be accoqlished and within which
Such
ffected property owners must be ready to receive underground -
ervice. A reasonable tipe shall be allowed for such removal and
nderground installation, having due regard for the availability of
abor, Raterials and equipment necesssry for such removal and for
he installation of such underground facilities as may be occasioned
hereby.
SECTION 4: UNLAWFUL ACTS
Whenever the Council creates an Underground Utility District
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performance by such owner or occupant of the underground work
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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 thirty (30) days, without authority of the Council in order
to provide emergency service.
permission, on such term as the Council may deem ap?ropriate, in
cases of unusual circumstances, without discrimination as to any
The Council nay grant special
person or utility, to erect, construct, install, maintain, use or
>perate ?ales, overhead wires and associated overhead structures.
SECTIO!V 6 : OTHER EXCEPTIONS
Any resolution adopted pursuant to Section 3 hereof shall not
rpply to any of the following types of facilities, unless otherwise
)rovided for in such resolution:
(a) Any municipal facilities or equipr=ent installed under the
supervision and to the satisfaction of the City Engineer.
Poles, or electroliers used exclusively for street (b)
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(c) Poles, overhead wires and associated overhead structures
used for the transmission of electric energy at nominal
voltages in excess of 34,500 volts.
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(g) Overhead wires (exclusive of supBorting structures)
crossing any portion of a District within which overhead
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wires have been ?rohibited, or connecting to buildings on
the perimeter of a District, when such wires originate in
an area from which poles, overhead wires and associated
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overhead structures are not prohibited,
Overhead wires attached to the exterior surface of a
building by means of a bracket or other fixture and
(h)
from one location on the building to another
location on the same building or to an adjacent building
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without crossing any public street
SECTION 7: NOTICE TO PROPERTY OWNERS AND UTILITY COPIPANIES. !
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1 1 adopted pursuant to Section 3 hereof, the City Clerk shall notify
all affected utilities and all persons owning real pro2erty within
the District created by said resolution of the ado?tion thereof. i
]Said City Clerk shall further notify such affected property owners
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or associated service, they or such occupant shall provide
necessary facility changes on their premises so as to rece
all
ve such
service from the lines of the supplying utility or utilities at a nd
location, subject to a2plicable rules, regulations and tariffs of
the respective utility or utilities on file with the CoJ"ssion.
Notification by the City Clerk shall be made by nailing a copy
of the resolution adogted pursuant to Section 3, together with a
co2y of this ordinance, to affected property owners as such are
shown on the last equalized assessment roll and to the affected
utilities.
SECTION 8: RESPONSIBILITY OF UTILITY COWANIES.
If underground construction is necessary to ?rovi.de utility
service within a District created by any resolution adopted pursuan
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: 2ESPONSIBILITY OF PROPERTY OI'?MEIiS.
Every person owning, operating, leasing, occupying or
renting a building or structure within a District shall
constr'uct and provide that ?ortion of the service
connection on his property between the facilities referre
to in Section 8 and the termination facility on or within
said building or structure being served, all in accordant(
with applicable rules, regulations and tariffs of the
respective utility or utilities on file with the
Commission.
In the event any person owning, operating, leasing,
occupying or renting said property does not comFly with
the provisions of subparagraph (a) of this Section 9
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3 I! pursuant to Section 3 hereof, the City Engineer shall
post written notice on the property being served and thirt
within the time provided for in the resolution enacted I I
(30) days thereafter shall have the authority to order I I
5/ service wires and associated facilities supplying utility 1 I
service to said pro;?erty. i i 81
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(c) In addition to the provisions of subparagraph (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 ten (10) days
after receipt of such notice.
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may be given either by personal service or by mail.
case of service by mail on eithe
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of such persons, the
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 aGpears, 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,
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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
forty-eight (48) hours after the mailing thereof, If
notice is given by mail to either the owner or occupant
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I by ten (10) inches in size, to be posted in a conspicuous I
ylace on said 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
said work is not completed within thirty (30) days after
receipt of such notice, the City Engineer will provide such
required underground facilitie , in whicll the cost and
expense thereof will be assessed against the property
benefited and become a lien upon such property.
(f) If upon the expiration of the thirty (33) day ;?eriod,
the said required underground facilities have not been pro-
vided, the City Engineer shall forthwith proceed to do the
work; provided, however, if such ?remises 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 servic
wires and associated facilities supplying utility service to
said property.
Engineer, he shall file a written report with the City COUEC
setting forth the fact that the required underground facili-
ties have been provided and the cost thereof, together with ;
legal descri9tion of the property against which such cost is
to be assessed,
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,
(8) The City Engineer shall forthwith, upon the time for
hearing such protests having been iixed, give a notice in
writing to the person ia possession of such premises, and
a notice in writing thereof to the owner thereof, in the
Upon conpletion of t orL, by the city
The Council shall thereupon fix a time and
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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 ;?retests against such assessment,
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Such notice shall als
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7 I tests, if there by any, and then proceed to affirn, modify
or reject the assessment.
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(i) 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 assess-
ment is made by the City Engineer, and the C
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Y Engineer is
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assessment has not been paid, and said Assessor and Tax
Collector shall add the amount of said assessment to the
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next regular bill for taxes levied against the prerriises upon
which said assessment was not paid,
due and payable at the same time as said property taxes are
Said assessrent shall be II I
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24 SECTION 10: RESPONSIBILITY OF CITY.
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Z2 [resolution adopted pursuant to Section 3 hereof cannot be performed
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within the time provided on account of shortage of materials, war,
restraint by yublic 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
limit at ion.
SECTION 12 : PENALTY.
It shall be unlawful for any person to violate any sruvision
or to fail to comply with any of the requireeents 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 2unished by a fine
not exceeding Five Hundred Dollars ($500.00) or by imprisonment
not exceeding six (G) months, or by both such fine and imprisonment
Each such 7erson shall be deexed guilty of a separate offense for e
day during any portion of which any violation of any of the 2ro-
visions of this ordinance is coxmitted, continued or perlr.itted by
such person, and shall be punishable therefor as provided for in
this ordinance *
SECTIOFJ 13 : CO~~STITUTIO~~ALITY.
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,
SECTION 14: EFFECTIVE DATE,
This ordinance shall take effect and be in force on the
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1 thirty-first day from and after its adoption,