Chapter 15.32
UNDERGROUND UTILITIES
Sections:
15.32.015 Underground Utilities Service Connection.
15.32.020 Public Hearing by City Council.
15.32.030 Report by Public Works Director.
15.32.040 City Council May Designate Underground Utility Districts by Resolution.
15.32.060 Exception, Emergency or Unusual Circumstances.
15.32.080 Notice to Property Owners and Utility Companies.
15.32.090 Responsibility of Utility Companies.
15.32.100 Responsibility of Property Owners.
15.32.110 Responsibility of City.
15.32.010 Definitions.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings herein assigned to them unless it is apparent from the context that a different meaning is intended:
A. Commission. The term “commission” shall mean the Public Utilities Commission of the State of California.
B. Underground Utility District or District. The term “underground utility district” or “district” shall mean 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 15.32.040 of this chapter.
C. Poles, Overhead Wires and Associated Overhead Structures. The term “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.
D. Utility. The term “utility” shall include all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 1263 § 1 (part); July 22, 1968)
15.32.015 Underground Utilities Service Connection.
A. The Building Official shall, as a condition of the issuance of an electrical service permit, require the electrical service located within the exterior boundary lines of any lot or parcel of property to be installed underground, when:
1. The property is to be developed with a new or replacement building;
2. An addition to an existing building exceeds fifty (50) percent of the gross floor area of the existing building.
B. The owner or developer of the property is responsible for complying with the requirements of this section and shall provide all necessary facilities on the property to receive such services from the supplying utility subject to the applicable rules, regulations and tariffs, as approved by the California Public Utilities Commission.
C. Exceptions. For purposes of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground.
D. Waiver, Modification or Delay. If it is determined that practical difficulties, or unreasonable hardships inconsistent with the purposes of this chapter and unique to a particular parcel of property, would result from the literal interpretation of this section, the Building Official may waive, modify or delay the imposition of any undergrounding requirement imposed pursuant to this section upon written application of any affected property owner.
E. Right of Appeal or Call for Review. Any person dissatisfied with the decision of the Building Official may file a written statement, listing the reasons for the appeal with the City Council. A member of the City Council, in their official capacity, may call for review any decision of the Building Official for the purpose of bringing the matter in front of the entire body for review. Said appeal or call for review shall be filed with the City Clerk within fifteen (15) days after the decision of the Building Official is deposited in the mail. The City Council may overrule, modify or affirm the decision of the Building Official. (Ord. 2015-9 § 26, 2015; Ord. 2013-11 §§ 107—109, 2013; Ord. 95-33 § 1, 1995: Ord. 1357 § 1; September 28, 1970)
15.32.020 Public Hearing by City Council.
The City 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 fifteen (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 City Council shall be final and conclusive. (Ord. 95-29 § 9, 1995: Ord. 1263 § 1 (part); July 22, 1968)
15.32.030 Report by Public Works Director.
Prior to holding such public hearing, the Public Works Director, with the assistance of the affected utilities, shall prepare a report for submission at such hearing containing, among other information, the extent of such utilities’ participation and estimates of the total costs to the City and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities. (Ord. 1263 § 1 (part); July 22, 1968)
15.32.040 City Council May Designate Underground Utility Districts by Resolution.
If, after any such public hearing, the City Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the City Council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a legal 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. (Ord. 1263 § 1 (part); July 22, 1968)
15.32.050 Unlawful Acts.
Whenever the City Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 15.32.040 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 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 15.32.100 hereof, 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. 1263 § 1 (part); July 22, 1968)
15.32.060 Exception, Emergency or Unusual Circumstances.
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 City Council or the Public Works Director, in order to provide emergency service. The City Council or the Public Works Director may grant special permission on such terms as the City Council or the Public Works Director 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. 1263 § 1 (part); July 22, 1968)
15.32.070 Other Exceptions.
This chapter and any resolution adopted pursuant to Section 15.32.040 hereof shall not, unless provided otherwise, apply to the following types of facilities:
A. Any municipal facilities or equipment installed under the supervision and to the satisfaction of the Public Works Director.
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 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 (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.
H. Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (Ord. 1263 § 1 (part); July 22, 1968)
15.32.080 Notice to Property Owners and Utility Companies.
Within ten days after the effective date of a resolution adopted pursuant to Section 15.32.0,40 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, subject to the applicable rules, regulations, and tariffs of the respective utility or utilities on file with the Commission. (Ord. 1263 § 1 (part); July 22, 1968)
15.32.090 Responsibility of Utility Companies.
If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 15.32.040 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. (Ord. 1263 § 1 (part); July 22, 1968)
15.32.100 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 15.32.090 and the termination facility on or within said building or structure being served, all in accordance with the 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 15.32.040 hereof, the Public Works Director shall post written notice in a conspicuous place on the property being served of his intention to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property, and thirty (30) days thereafter, the Public Works Director shall have the authority to order said disconnection and removal. In the alternative, the Public Works Director 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.
C. 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, a copy of the notice described in subsection (B) of this section 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 a copy of the notice must be addressed to the owner thereof as such owner’s name and last known address appear on the last equalized assessment roll, and when no address appears, to general delivery, City of Newport Beach. 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 Public Works Director shall, within forty-eight (48) 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 said premises.
D. The notice given by the Public Works Director 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 Public Works Director will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefitted and become a lien upon such property.
E. If upon the expiration of the thirty (30) day period, the said required underground facilities have not been provided, the Public Works Director shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the Public Works Director 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 said property. Upon completion of the work by the Public Works Director, he 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 City 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 days thereafter.
F. The Public Works Director 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 City 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.
G. Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify or reject the assessment.
H. If any assessment is not paid within five days after its confirmation by the City Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the Public Works Director, and the Public Works Director is directed to 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 levied 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 same prevailing rate imposed by the Orange County Tax Collector on other delinquent tax monies outstanding. (Ord. 1263 § 1 (part), 1968)
15.32.110 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 15.32.040 hereof. (Ord. 1263 § 1 (part), 1968)
15.32.120 Extension of Time.
In the event that any act required by this chapter or by a resolution adopted pursuant to Section 15.32.040 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. (Ord. 1263 § 1 (part), 1968)
15.32.130 Penalty.
It shall be 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 ($500.00) 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. (Ord. 1263 § 1 (part), 1968)