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5281L ORDINANCE NO. 5281 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 17.24 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO UNDERGROUND UTILITIES THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 That Chapter 17.24 of Title 17 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1117.24.010 DEFINITIONS As used in this Chapter: .010 "City" means the City of Anaheim, California. .020 "Council" means the City Council of the City. .030 "Commission " means the Public Utilities Commission of the State of California. .040 "Department" means the Public Utilities Department of the City. .050 "General Manager" means the General Manager of the Department or his designee. .060 "Overhead facilities" means any poles, towers, supports, wires, cables, lines, fiber optics, conduits, conductors, guys, stubs, platforms, crossarms, braces, transformers, capacitors, insulators, cutouts, switches, communication circuits, appliances, apparatus, appurtenances and other equipment and structures located above ground and used in delivering, supplying, transmitting, distributing, transporting, conducting, or conveying electricity, communications, or similar emissions or service to the City, in the City, or through the City. .070 "Person" means and includes individuals, partnerships, firms, utilities, corporations, and public agencies. .080 " Underground utility district" or "district" means that area in the City within which overhead facilities are required to be removed and installed underground, as such area is described in a resolution adopted pursuant to the provisions of Section 17.24.060 of this Code. i .090 "Utility" includes all persons or entities supplying, delivering, transmitting, distributing, transporting, conducting or otherwise conveying electricity, communications or similar or associated emissions or service to the City, in the City, or through the City by means of electrical apparatus, fiber optic apparatus, or similar apparatus. 17.24.020 PURPOSE To improve residential and commercial property values, to enhance the aesthetic appearance of the City, to reduce the cost of tree trimming and replacement of utility poles, to avoid the environmental hazards associated with chemicals used to treat such poles, to reduce outages caused by winds, storms and accidents, to reduce the risk of fires and electrocution from fallen poles or lines, to increase the efficiency of the electrical system, to improve the safety of the streets by removing potential obstacles in traffic accidents, to improve the reliability of electrical and communication services, and to otherwise provide for the health, safety, and welfare of the public and to protect and improve the quality of the public's urban environment, the City deems it necessary that, where feasible, all existing and future overhead facilities be undergrounded in the City. 17.24.030 UNLAWFUL ACTS .010 It shall be unlawful for any utility or other person or entity to construct, install or erect overhead facilities in the City of Anaheim except as otherwise provided in this Chapter. .020 Whenever the Council, by resolution, creates an underground utility district, it shall be unlawful for any utility or other person or entity to keep, maintain, continue, or replace overhead facilities in the district after the date such overhead facilities are ordered to be removed by such resolution, except as to those overhead facilities minimally necessary to furnish service to an owner or occupant of property prior to and during the process of undergrounding said overhead facilities, and except as otherwise provided for in this Chapter. 17.24.040 PUBLIC HEARING BY COUNCIL The Council may call public hearings to ascertain if the creation of undergrounding districts will further the public health, safety and welfare by promoting one or more of the purposes set forth in Section 17.24.020 of this Chapter. The Council may propose any part or parts of the City as a single underground utility district, as multiple underground utility districts, or may propose that the entire City be encompassed in one underground utility district. The City Clerk shall notify all affected property owners within the proposed district or districts, as shown on the last equalized assessment roll, and all affected utility companies having overhead facilities present within the proposed district or districts by mail of the time and place of any such hearing 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 and opportunity to be heard. 17.24.050 REPORT BY THE GENERAL MANAGER Prior to holding any public hearing pursuant to Section 17.24.040 of this Chapter, the General Manager shall consult with all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the extent of each utility's undergrounding responsibilities to bring it into compliance with the provisions of this chapter and the total cost to the City and affected property owners regarding their undergrounding responsibilities. Such report shall also contain an estimate of the time required to complete the underground installation and removal of overhead facilities. 17.24.060 COUNCIL MAY DESIGNATE UNDERGROUND UTILITY DISTRICTS BY RESOLUTION If, after any such public hearing the Council determines that the creation of an undergrounding district will further the public health, safety and welfare by promoting one or more of the purposes set forth in Section 17.24.020 of this Chapter, the Council shall, by resolution, designate the proposed area an underground utility district and order the removal and underground installation of existing overhead facilities within that district, except as otherwise provided in this Chapter. Such resolution shall include a description of the area comprising such district and shall also fix the time within which removal and underground installation shall be accomplished and within which such 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 installation of such underground facilities as may be occasioned thereby. Such resolution shall include a determination as to whether the undergrounding will avoid or eliminate an unusually heavy concentration of overhead electrical facilities, whether the street or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic, or whether the street or right-of-way adjoins a civic area or public recreation area or an area of unusual scenic interest to the general public. The decision of the Council shall be final and conclusive. 17.24.070 EXEMPTIONS This Chapter and any resolution adopted pursuant to Section 17.24.060 hereof shall, unless otherwise provided in such resolution, not apply to the following types of facilities: .010 Poles or electroliers used exclusively for street lighting; .020 Overhead wires attached to the exterior surfaces of a building by means of a bracket or other fixture and extending on one location of the building to another location on the same building or to an adjacent building without crossing any public street; .030 Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services; .040 Equipment appurtenant to underground facilities, such as surface -mounted transformers, pedestal -mounted terminal boxes, switching compartments, meter cabinets and concealed ducts; .050 Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. .060 Repair, replacement, improvement, modernization or upgrading of existing overhead facilities not within an underground district created pursuant to Section 17.24.060 and only where such repair, replacement, improvement, modernization or upgrading does not change the location of such overhead facilities. 17.24.080 APPLICATIONS FOR EXCEPTIONS .010 EMERGENCY EXCEPTION Notwithstanding the provisions of this Chapter, the General Manager may grant special permission, on such terms as the General Manager may deem appropriate, in case of emergency or unusual circumstances, to any utility or other person or entity, to erect overhead facilities for a period not exceeding ten (10) consecutive calendar days. Upon appeal pursuant to subsection .030 of this section, the Council may extend such period to encompass the duration of the emergency or circumstances including such time thereafter as minimally necessary to allow the removal of such overhead facilities. Any overhead facilities erected pursuant to permission granted under this subsection but not removed prior to the expiration of the maximum time authorized shall be deemed a violation of Section 17.24.030 of this Chapter. .020 SPECIAL EXCEPTION Upon written application by any person to the General Manager, the General Manager may grant an exception to this Chapter for specific overhead facilities at specific locations not otherwise exempted by this Chapter, and may impose reasonable conditions to further the City undergrounding policy set forth in Section 17.24.020. Such exception and any extension thereof shall not exceed a total period of (5) years. Upon appeal pursuant to subsection .030 of this section, the Council may extend such period as it deems appropriate to the reasonable implementation of the City's underground policy set forth in Section 17.24.020. The General Manager shall establish rules and procedures for the processing of the above applications for exceptions. The General Manager or Council shall consider the following factors in determining whether to grant, conditionally grant, or deny an exception: i) the cost of undergrounding such overhead facilities; ii) the financial hardship to the person responsible for undergrounding such overhead facilities; iii) the remaining useful life of existing overhead facilities; iv) the technical difficulty of undergrounding overhead facilities due to special circumstances such as the undergrounding location, voltage, lack of underground space, and other similar concerns. v) the coordination of undergrounding such overhead facilities with anticipated public works projects; vi) the high cost of undergrounding overhead facilities compared to the minimal advancement of the City's policy goals set forth in Section 17.24.020; vii) whether the undergrounding of overhead facilities cannot be performed within the time provided due to shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the party required to underground. In rendering a decision on an application pursuant to this Subsection, the General Manager shall state in writing the grounds for denying, granting, or conditionally granting the application. The General Manager shall provide written notice of the decision to the applicant and to any other interested party requesting notice. If the application is denied, written notice of such denial shall be given to the applicant specifying the grounds for such denial and advising the applicant of his right to appeal. In the event an exception is granted or conditionally granted pursuant to this Subsection, the General Manager shall issue a certificate of exception to the grantee. The application for exception and a copy of the certificate shall be kept on file with the Public Utilities Department for a period of not less than five years after the expiration of the exception. The certificate shall specify to whom the exception was granted, the period of the exception, the type(s) and location(s) of the overhead facilities excepted, and the criteria upon which the exception was based. .030 APPEALS The applicant, or any other person or entity aggrieved or affected by any determination of the General Manager with respect to the granting, denial or conditional approval of an exception under Section 17.24.080 of this Chapter may appeal the decision to the Council. An appeal shall be in writing and shall be filed with the City Clerk within ten days after the mailing of notice of decision by the General Manager. The appeal shall state the grounds therefor. The Council shall consider the appeal at a public meeting held within forty-five (45) days following the filing of the appeal, unless on the date set for such consideration, the Council, for cause or at the request of the applicant, continues the matter. The Council may reverse, or wholly or partly affirm, or may modify the decision of the General Manager, and may make such decisions or may impose such conditions as the facts warrant with respect to the appeal. The decision of the Council shall be final. Notice of the Council's decision shall be mailed to the applicant, to the person filing the appeal (if other than the applicant), and to any other person who has filed a written request therefor with the City Clerk. 17.24.090 NOTICE TO PROPERTY OWNERS AND UTILITY COMPANIES Within ten days after the effective date of a resolution adopted pursuant to Section 17.24.060, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by the resolution of the adoption thereof. The City Clerk shall further notify such affected property owners that, in order to continue service or to begin service it will be necessary for the owner or occupant, at such party's own expense, to provide facilities capable of receiving electric or communication or similar or associated services from the undergrounded lines of the utility or utilities supplying such service. Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 17.24.060 together with a copy of this chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities. 17.24.100 RESPONSIBILITIES OF UTILITY COMPANIES .010 Any utility or person supplying, delivering, transmitting, distributing, transporting, conducting or otherwise conveying electricity, communications or similar or associated emissions or services in or through the City by means of wires, cables, lines, fiber optics, conduits, and associated or similar overhead facilities whether originating in, terminating in, or transiting through the City shall at its own expense perform any demolition, alteration, or construction necessary and supply any materials and equipment needed to comply with the provisions of this chapter. Notwithstanding the foregoing, with respect to overhead facilities located on private property (within an underground utility district) for which the City has issued a discretionary development permit that is conditioned, among other things, upon the removal of such overhead facilities, the utility and the owner of the private property shall be jointly and severally responsible for the demolition, alteration, or construction (including the supply of materials and equipment) necessary to comply with the provisions of this Chapter. .020 Underground construction by any utility or any other person or entity shall be accomplished in accordance with established construction standards, including those adopted by the Department, and in accordance with any applicable rules and regulations adopted by the Commission pertaining to underground construction and installation standards and shall be completed within the time for removal of overhead facilities specified in or established pursuant to this Chapter. 17.24.110 RESPONSIBILITY OF PROPERTY OWNERS .010 Every person owning, leasing, occupying or renting a building or structure within a district created pursuant to 17.24.060 shall construct and provide that portion of the service connection on his property between the facilities referred to in 16 Section 17.24.050 and the termination facilities on or within the building or structure being served, all in accordance with the applicable rules, regulations and tariffs of the respective utility that pertain to service connections and are on file with the Commission or are approved by the Council. .020 In the event any person owning, operating, leasing, occupying or renting the property does not comply with the provision of subparagraph .010 of this section within the time established pursuant to this Chapter, the General Manager may cause written notice to be posted on the property being served and thirty days thereafter may authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility services to the property; or .030 As an alternative to the procedure set forth in Subsection .020 above, the General Manager may give notice in writing to the person in possession of such premises, and notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten (10) calendar days after receipt of such notice. .0301 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, 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 Anaheim. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it had been sent within forty-eight (48) hours after the mailing thereof. The General Manager shall also cause a copy thereof, printed on a card not less than eight (8) inches by ten inches in size, to be posted in a conspicuous place on said premises. .0302 The notice given by the General Manager to provide the required underground facilities shall particularly specify what work is required to be done and that the work shall be accomplished in conformance with relevant City requirements, and shall state that if the work is not completed within thirty (30) calendar days after receipt of such notice, the General Manager will cause such underground facilities to be provided, in which case the cost and expense thereof, will be i assessed against the property benefitted and become a lien upon such property. .0303 If upon the expiration of the thirty (30) day period, the said underground facilities have not been provided, the General Manager shall forthwith proceed to have the work performed; provided, however, if such premises are unoccupied and no electric or communication service are being furnished thereto, the General Manager 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 General Manager, he shall file a written report with the 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 the cost is to be assessed. The Council shall thereupon fix a time and place for hearing any protests against the assessment of the cost of such work upon such premises, which said time shall not be less than ten (10) calendar days thereafter. .0304 Immediately after the Council fixes the time for such protest, the General Manager shall give notice thereof in writing to the same persons and in the same manner as set forth in subsection .0301 above of the time and place that the Council will pass upon such report and will hear protest against such assessment. Such notice shall also set forth the amount of the proposed assessment. .0305 Upon the date and hour for the hearing of such protests, the Council shall hear and consider the report and all protest, if, there be any, and then proceed to affirm, modify or reject the assessment. .0306 If any assessment is not paid within five (5) calendar days after its confirmation by the Council, the amount of assessment shall become a lien upon the property against which the assessment is made. The General Manager shall lodge with the Orange County Assessor a notice of lien on each of the said properties on which the assessment has not been paid, and said Assessor 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 L same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the maximum rate permitted by law. 17.24.120 RESPONSIBILITIES OF CITY City shall, at its own expense, remove 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 them within the time specified in or required pursuant to this Chapter. SECTION 2 The formation or existence of an underground utility district pursuant to Chapter 17.24 prior to the effective date of this ordinance shall not be affected hereby. SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 5. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation 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, firm k or corporation 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, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 14th day of January 1992 MAYOR OF THE CITYIQA ANAHEIM ATTEST: C /n CITY CLERK OF THE CITY OF ANAHEIM I STAWE ` CAL:f?ORNi?r 8,UNTY 6V ,©RANGE ,UT OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5281 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 7th day of January, 1992, and that the same was duly passed and adopted at a regular meeting of said City Council held pn the 14th day of January, 1992, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle, Picklerr -6aly and Hunter NOES: COUNCIL MEMBZRS� 146ne ABSENT: COUNCIL MEMaElks f N6h, e AND I FURTHER CERTIFY thAt the Mayor of the Citi pf An ,eim signed said t._ Ordinance No.. 5281 -on the Ath ,day of Jandary, 9$2. IN WITNESS WHEREOF, I have hereunto set my hand and ii fixers the official seal of the City of Anaheim this -15th day of January•, 190�: CTm Cls$RK .PF -R;TY OF ANAHE M (SEAL) I, LEONORA N. SOHL, City Clerk of the City of AnaIeith, do hereby certify that the foregoing is the original of Ordinance No. 578igild was published once in the Anaheim Bulletin on the 24th day of January, 192., CITY CLERK OT�`;s�`i'i�i TY OF ANAHEIM