Ordinance Number 146155
ORDINANCE NO. 146
AN ORDINANCE OF THE CITY OF SAN JUAN
CAPISTRANO ESTABLISHING REGULATIONS AND
PROCEDURES FOR THE REMOVAL OF OVERHEAD
UTILITY FACILITIES AND THE INSTALLATION
OF UNDERGROUND FACILITIES IN UNDERGROUND
UTILITY DISTRICTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO 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 mean-
ings 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 assoc-
iated overhead 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, corpor-
ations, 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, insulat®ma, cutouts,
switches, communication circuits, appliances, attachments and appurt-
enances 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, communj.,ation or similar or associated service by means
of electrical materials -or devices.
Section 2 - PUBLIC HEARING BY CITY COUNCIL
The City Council may 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 and the underground installation
of wires and facilities for supplying electric, communication, or
similar oriassociated service. The City Clerk shall notifyall
affected property owners as shown on the last equalized assessment
roll and all utilities concerned by mail of the time and place of
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,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 decision of the City Council
shall be final and conclusive.
Section 3 - DESIGNATION OF UNDERGROUND UTILITY DISTRICTS
If, after any such hearing as described in Section.2, the City
Council finds that the public health, safety or welfare requires the
removal of poles, overhead wires and associated overhead structures
and requires the underground installation of wires and facilities
for supplying electric, communication or similar or associated
service within a designated area, the City Council shall, by reso-
lution, declaressuch designated area to be an Underground Utility
District and shall order such removal and underground installation
of facilities. The 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 under-
ground services. 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.
Section 4 - UNLAWFUL ACTS
Whenever the City Council creates an Underground Utilitk District
and orders.the removal of poles, overhead wires and associated over-
head structures therein as provided.in Section 3 hereof, it shall be
unlawful for any person or utility to erect,,.,;conatruct,, place, keep,
maintain, continue, employ or operate poles,.overhead wires and,
associated overhead structures in the District after the date when
said overheadfacilities are required to be removed by. such resolut-
ion, 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
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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
twenty (20) days without suthority of the City Council in order to
provide emergency service. The City Council may grant special per-
mission, on such terms as the City Council may deem appropriate, in
cases of unusual circumstances, without discrimination as to any
person or utility, to erect, construct, install, maintain, ore or
operate poles, overhead wires and associated overhead structures.
Section 6 - OTHER EXCEPTIONS
-
This ordinance and any resolution adopted pursuant to Section
3 hereof shall, unless otherwise provided in such resolution, not
apply to the following types of facilities:
(a) Poles or electroliers used exclusively for street lighting.
(b) Overhead wires (exclusive of supporting structures) cross-
ing 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.
(c) Poles, overhead wires and associated overhead structures
used for the transmission of electric energy at nominal voltages in
excess of 34,5000volts.
(d) 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 cr'ossiug'"any public street.
(e)Antennas, associated equipment and supporting structures,
used by a utility for furnishing communication services.
- (f) Equipment appurtenent to underground facilities, such as
surface mounted transformers, pedestral mounted terminal boxes and
meter cabinets, and concealdd ducts.
(g) Temporary poles, overhead wires and associated overhead
structures used or to be used in conjunction with construction projects.
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
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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 applicable rules, regulations and tariffs of the respective
utility or utilities on file with the Commission.
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 are
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 pur-
suant 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 rent-
ing a building or structure within a District shall perform con-
struction 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, all in accordance with applicable rules, regulations and _
tariffs of thetrespective utility or utilities on file with the
Commission.
(b) In the event any person owning, operating, leasing, occupy-
ing or renting said property does not comply with the provisions of
subparagraph (a) of the Section 9 within the time provided for in
the resolution enacted pursuant to Section 3 hereof, the City
Engineer shall prusue one of the alternative remedies indicated in
Sections 10 and 11 hereof.
Section 10 - ENFORCEMENT
In the event that any person owning, operating, leasing, occupy-
ing or renting said property does not comply with the provisions of
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Section 9 hereof within the time provided for in the resolution
adopted pursuant to Section 13 hereof, the City Engineer shall
post written notice of such fact upon the property being served by
the appropriate utility or utilities and shall indicate in such
notice that if the work required by Section 9 hereof is not accom-
plished within thirty (30) days from the date of such posting, he
may authorize the disconnection and removal of any and all overhead
service wires and associated facilities supplying utility service
to said property.
Section 11 - ALTERNATIVE METHOD OF ENFORCEMEN'Q
In the event that the City Engineer shall determine that the
method of enforcing Section 9 hereof provided by Section 10 hereof
is not an efficient or effective method of enforcement, he shall
pursue the following method of enforcing Section 9.
(a) The City Engineer shall 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) 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 shall be
deposited in the United States mail, in a sealed envelope with post-
age 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. If notice is given by mail, such notice shall be
deemed to have been received by the person to whom it is 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 that work is required
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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
and expense thereof will be assessed against the property benefited and
become 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, how-
ever, that if such premises are unoccupied and no electric or com-
munication services are being furnished thereto, the City Engineer
may, in lieu of providing the underground facilities, authorize
the disconnection and removal of any aud=all�oderhead service wires
and associated facilities supplying utility service to said property.
Upon completion of the GOPk-by=the City Engineer, 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 there-
upon fix a time and place for hearing protests against the assess-
ment 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 hear-
ing such protests having been fixed, give a notice i'tf writing there-
of 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 sett forth the amount of the propased assessment. '
(f) Upon the date and hourset for thehearing of pr6fests,
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.
(g) If any assessment is not paid within five (5) 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 City Engineer, and the City Engineer 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,
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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 rate of six per cent (6%) per annum.
Section 12 - 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
the owner or user of such poles to remove the same4 within the time
specified.in.the resolution enacted pursuant to Section 3 hereof.
Section,.13, - >EXT41JSIOH.OF TIME
In the event that any act required by,this-.ordinance:,or by a
resolution adopted pursuant to.;Secbign.-,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 14 - 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 bypunishmentnot
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 15 - CONSTITUTIONALITY
If any sectiion, 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 City Council hereby declares that it would have adopted the
ordinance and each section, sub -section, sentence, clause or phrase
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thereof, irrespective of the fact that any one or more sections,
sub -sections, sentences, clauses or phrases be declared invalid.
Section 16 - PUBLICATION AND EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30)
days from and after its passage, and before the expiration of fifteen
(15) days after the passage thereof shall be published once in the
Coastline Dispatch, a newspaper published in the City of San Juan
Capistrano, together with the names of the City Councilmen voting
for and against the same.
PASSED, APPROVED and ADOPTED this 25t/h�% day of November, 1968./
D n �� nor o t e try o
ATTEST: // San Juan Capistrano
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan
Capistrano, California, do hereby certify that the attached and
foregoing ordinance was duly and regularly adopted by the said
City Council at a regular meeting thereof held on the 25th` day of
November, 1968, and passed by the folloemg vote, to wit:
AYES: COUNCILMEN: BATHGATE, DURNFORD, FORSTER, OLIVARES
and CHERMAK
NOES: COUNCILMEN: NONE
f
ABSENT: COUNCILMEN: NONE