2822ORDINANCE NO. 2822
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
TITLE 17 OF THE ANAHEIM MUNICIPAL CODE BY
ADDING THERETO CHAPTER 17.24 ESTABLISHING
REGULATIONS AND PROCEDURES FOR THE REMOVAL
OF. OVERHEAD UTILITY FACILITIES AND THE IN-
STALLATION OF UNDERGROUND FACILITIES IN
UNDERGROUND UTILITY DISTRICTS.
THE CITY COUNCIL OF THE CITY. OF ANAHEIM DOES ORDAIN
AS FOLLOWS:
SECTION 1.
That Title 17 of the Anaheim Municipal Code be, and the
same is hereby amended by adding thereto Chapter 17.24, reading as
follows:
"CHAPTER 17.24
"SECTION 17.24.010 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 associated overhead structures are prohibited as
such area is described in a resolution adopted pursuant
to the provisions of Section 17.24.040 of this ordinance.
C. 'Person' shall mean and include individuals, firms, cor-
porations, partnerships and their agents and employees.
d. 'Poles, overhead wires, and associated overhead struc-
tures' shall mean poles, towers, supports, wires, con-
ductors, guys, stubs, platforms, crossarms, braces,
transformers, insulators, cutouts, switches, communica-
tion circuits, appliances, attachments and appurtenances
located above -ground within a District and used or useful
in supply electric, communication or similar or associ-
ated service.
e. 'Utility' shall include all persons or entities supplying
electric, communication or similar or associated service
by mans of electrical materials or devices.
SECTION 17.24.020 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 services. The City Clerk shall notify
all affected property owners as shown on the last equalized
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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 pub-
lic 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 17.24.030 REPORT BY UTILITIES DIRECTOR.
Prior to holding such public hearing, the Utilities
Director shall consult with all affected utilities and shall
prepare a report for submission at such hearing containing,
among other information, the estimates of the extent of such
utilities' participation and 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
SECTION 17.24.040 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 desig-
nated area, the Council shall, by resolution, declare such
designated area an Underground Utility District and order such
removal and underground installation. Such resolution shall
include a description of the area comprising such district
and shall fix the time within which such removal and under-
ground 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 avail-
ability of labor, materials and equipment necessary for such
removal and for the installation of such underground facilities
as may be occasioned thereby.
SECTION 17.24.050 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
17.24.040 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 over-
head structures in the District after the date when said
overhead facilities are required to be removed by such reso-
lution, 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 re-
ceive utility service as provided in Section 17.24.100 hereof,
and for such reasonable time required to remove said facili-
ties after said work has been performed, and except as other-
wise provided in this ordinance.
SECTION 17.24.060. 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, without authority of the
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City Council in order to provide emergency service. The
-_ Utilities Director may grant special permission, on such terms
as the Utilities Director may deem appropriate, in cases of
unusual circumstances, without discrimination as to any per-
son or utility; to erect, construct, install, maintain, use or
operate poles, overhead wires and associated overhead struc-
tures.
SECTION 17.24.070 OTHER EXCEPTIONS.
This ordinance and any resolution adopted pursuant
to Section 17.24.040 hereof, shall, unless otherwise provided
in such resolution, not apply to the following types of
facilities:
a. Any municipal facilities or equipment installed under
the supervision and to the satisfaction of the Utilities
Director.
b. Poles, or electrollers 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 associ-
ated 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 ex-
tending 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, switching compartments, meter cabinets and con-
cealed ducts.
h. Temporary poles, overhead wires and associated overhead
structures used or to be used in conjunction with con-
struction projects.
SECTION 17.24.080 NOTICE TO PROPERTY OWNERS AND
UTILITY COMPANIES
Within ten (10) days after the effective date of a
resolution adopted pursuant to Section 17.24.040 hereof, the
City Clerk shall notify all affected utilities and all persons
owning real property within the District created by said
resolution or 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
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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 or approved by the City Council.
Notification by the City Clerk shall be made by
mailing a copy of the resolution adopted pursuant to Section
17.24.040, together with a copy of this ordinance, to affected
property owners as such are shown on the last equalized assess-
ment roll and to the affected utilities.
SECTION 17.24.090 RESPONSIBLITY OF UTILITY COMPANIES
If underground construction is necessary to provide
utility service within a District created by any resolution
adopted pursuant to Section 17.24.040 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 or approved by the City Council
SECTION 17.24.100 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 con-
nection on his property- between the facilities referred
to in Section 17.24.090 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 or approved by the City Council.
b. In the event any person owning, operating, leasing,
occupying or renting said property does not comply with
the provisions of the subparagraph (a) of this Section
17.24.100 within the time provided for in the resolution
enacted pursuant to Section 17.24.040 hereof, the develop-
ment services department shall post written notice on the
property being served and thirty (30) days thereafter
may authorize the disconnection and removal of any and
all overhead service wires and associated facilities
supplying utility service to said property.
SECTION 17.24.110 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 17.24.040 hereof.
SECTION 17.24.120 EXTENSION OF TIME
In the event that any act required by this. ordinance
or by a resolution adopted pursuant to Section 17.24.040 here-
of 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.
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SECTION 17.24.130 PENALTY
It shall be unlawful for any person to violate any
provision or to fail to comply with any of the requirements of
this 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 inprisonment. Each such per-
son shall be deemed guilty of a separate offense for each day
during any portion of which any violation of any of the pro-
visions of this ordinance is committed, continued or permitted
by such person, and shall be punishable therefor as provided
for in this ordinance.
SECTION 17.24.140 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 ordinances and each section, sub-
section, sentence, clause or phrase thereof, irrespective of
the fact that any one or more sections, sub -sections, sen-
tences, clauses or phrasesbe declared invalid.
SECTION 2.
The City Clerk shall certify to the passage of this
Ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption, in the Anaheim Bulletin,
a newspaper of general circulation, printed, published and circu-
lated in said City, and thirty (30) days from and after its final
passage it shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and signed by me
this 16th day of June , 1970
fes'
MAYOR OF THE CITY OF ANAHE.
Pro Tem
ATTEST:
C CLERK OF THE CITY. OF ANAHEIM
ARW:jl 5/25/70 -5-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I. DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Ordinance No. 2822 was introduced
at a regular meeting of the City Council of the City of Anaheim, held
on the 9th day of June, 1970, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 16th
day of June, 1970, by the following vote of the members thereof:
AYES: COUNCILMEN: Stephenson, Thom and Pebley
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Clark and Dutton
AND I FURTHER CERTIFY that the Mayor Pro -Tem of the City
of Anaheim approved and signed said Ordinance No. 2822 on the 16th
day of June, 1970.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 16th day of June, 1970.
TY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original Ordinance No. 2822
and was published once in the Anaheim Bulletin on the 26th day of
June, 1970.
City Clerk