Pasadena Municipal Code Ch. 13.14 Underground Utility Districts

This chapter shall be known as the "underground facilities ordinance."

(Ord. 4872 § 14, 1968)

For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain words and phrases used herein shall have the following meaning:

A. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the masculine gender includes the feminine.

B. "Affected property" means a parcel of real property to which utility service is provided from poles, overhead wires and associated overhead structures within a district.

C. "City council" means the city council of the city of Pasadena.

D. "City" means the city of Pasadena.

E. "Commission" means the Public Utilities Commission of state of California.

F. "District" or "underground utility district" means 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 13.14.050.

G. "Person" means an individual, firm, company, partnership, corporation, association or other organization.

H. "Poles, overhead wires and associated overhead structures" means 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.

I. "Utility" means any person or entity supplying electric, communication or similar or associated service by means of electrical materials or devices, whether private or municipally owned.

(Ord. 4872 § 1, 1968)

(Ord. No. 7232, § 2, 6-3-2013)

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 service. The city clerk shall notify all affected utilities and affected property owners as shown on the real property records of the city assessor, tax and license collector. The notice shall state the time and place of such hearings and shall be mailed at least 10 days prior to the hearing. Each hearing shall be open to the public and may be continued from time to time. At each such hearing, any interested person may appear either in person or by agent and be heard. The decision of the council shall be final and conclusive.

(Ord. 4872 § 2(a), 1968)

(Ord. No. 7232, § 3, 6-3-2013)

Prior to each public hearing, the general manager of the water and power departments shall consult all affected utilities and shall prepare a report for submission at the hearing. Such report shall include the extent of the utilities' participation, estimates of the total costs to the city and to affected property owners, and an estimate of the time required to complete the underground installation and removal of overhead facilities.

(Ord. 4872 § 2(b), 1968)

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 designated area, the council, by resolution, shall 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 the 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. The time so specified may be extended by the council upon a showing of good cause.

(Ord. 4872 § 3, 1968)

(Ord. No. 7232, § 4, 6-3-2013)

A. 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 13.14.050, no person or utility shall erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated structures in the district after the date when the overhead facilities are required to be removed by such resolution, except where such overhead facilities are necessary to provide utility service to affected property prior to his performance under Sections 13.14.010 and 13.14.020.

B. No person or utility shall connect utility service for any property in a district to any pole, overhead wire and associated overhead structure outside a district.

C. After the establishment of an underground utility district, no person whose property is within a district who requires an alteration or change in utility service shall be served from outside the district, but shall be required to connect to the underground facilities within the district.

(Ord. 4872 § 4, 1968)

(Ord. No. 7232, § 5, 6-3-2013)

Notwithstanding any other provision of this chapter, overhead facilities may be installed and maintained for not to exceed 30 calendar days in the event of unusual circumstances or an emergency. The city engineer may, upon a showing of good cause, extend the time upon such terms and conditions as he shall deem appropriate.

(Ord. 4872 § 5, 1968)

Unless otherwise provided in this chapter or in any resolution adopted pursuant hereto, the following types of facilities are excepted:

A. Municipal facilities or equipment, except utility facilities, installed under the supervision and to the satisfaction of the city engineer;

B. Poles or electroliers used exclusively for street lighting;

C. Existing overhead wires (exclusive of supporting structures) crossing any portion of a district 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;

D. Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages of 34,500 volts or higher;

E. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from 1 location on the building to another location on the same building or to an adjacent building on the same property 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. 4872 § 6, 1968)

A. Within 10 days after the effective date of a resolution adopted pursuant to this chapter, the city clerk shall notify all utilities serving the district and all property owners within the district created of its adoption. The clerk shall also notify each affected property owner of the necessity that, if they or any occupant of the affected property desires to continue to receive utility service, such owner or occupant shall provide all necessary facility changes on the premises on or before the date specified in such notice so as to receive such service from the underground facilities of the utilities at a new location, subject to any applicable ordinances of the city and the rules, regulations and tariffs of each affected utility on file with the Commission at the time the work is performed.

B. Notification by the city clerk shall be made by mailing a copy of the resolution adopted, together with a copy of the ordinance codified herein.

(Ord. 4872 § 7, 1968)

A. If construction is necessary to install underground infrastructure to provide utility service within a district, each utility shall furnish that portion of the conduits, conductors and associated equipment required to be furnished by it under applicable ordinances of the city and the applicable rules, regulations and tariffs on file with the commission.

B. City shall provide at its expense the necessary conduits, wiring, conductors and associated equipment required for the conversion of all affected property owners identified with existing electrical overhead service within the district for connection to the underground system.

C. City shall remove at its expense city-owned equipment from all poles required to be removed hereunder in sufficient time to enable the owner or user thereof to remove such poles within the time specified in the resolution adopted pursuant to Section 13.14.050.

(Ord. 4872 § 8, 1968)

(Ord. No. 7232, § 6, 6-3-2013)

Every person identified owning, operating, leasing, occupying or renting a building or structure within a district, through written notification from the city, shall be required to convert to underground in accordance with Section 13.14.100 and with any other applicable ordinances of the city and the rules, regulations and tariffs of each affected utility on file with the commission. There shall be two options available to the owners of property within a district to comply with this requirement. Within 45 days of the date on which the city mails, delivers, or otherwise transmits written notification to the owners within a district, each owner shall notify the city of which option she/he prefers. The two options are as set forth below in subsections A and B.

A. 1.

Every person owning, operating, leasing, occupying or renting a building or structure within a district boundary shall provide written authorization to access the affected property through execution of right of entry authorizing the city's electrical contractor to install the necessary conduits, wiring, conductors, and associated equipment required for the underground conversion.

2. City shall provide at its expense in accordance with Section 13.14.100 the contractor labor, permit fees, necessary conduits, wiring, conductors and associated equipment required for the conversion of all affected properties identified with existing electrical overhead service within the district boundary for connection to the underground system.

B. 1.

Every person owning, operating, leasing, occupying or renting a building or structure within a district boundary may opt to hire at her/his own expense an electrical contractor to construct and provide that portion of the service connection on her/his property between the facilities referred to in Section 13.14.100 and the termination facility on or within the building or structure being served in accordance with any applicable ordinances of the city and the rules, regulations and tariffs of each affected utility on file with the commission.

2. The city shall provide, at its expense, the necessary wire for converting each electrical overhead service within the district to underground service.

3. Upon completion and approval by city of such undergrounding of electrical utilities as is required by this chapter, the city shall pay the property owner of each separately recorded property the lesser of either three thousand dollars ($3,000.00) or the actual cost of the work in accordance with procedures established by the city manager.

(Ord. 6956 §§ 1, 2, 2003; Ord. 6433 § 1, 1991; Ord. 6012 § 1, 1983; Ord. 5411 § 1, 1979; Ord. 4984 § 1, 1970; Ord. 4891 § 1, 1968; Ord. 4872 § 9(a), 1968)

(Ord. No. 7198, § 1, 9-27-2010; Ord. No. 7232, § 7, 6-3-2013)

If the aforesaid work is not accomplished within the time specified in the notice, the city engineer shall give written notice by mail or personal service to the record owner and to the person in possession of the affected property, to provide the required underground facilities within 10 days after receipt of notice. Mailed notice shall be deemed to have been received by the addressee within 48 hours after mailing. Where notice is mailed to either the owner or occupant, a notice not less than 8 by 10 inches in size shall also be posted in a conspicuous place on the premises by the city engineer within 48 hours after the mailing thereof.

(Ord. 4872 § 9(b), 1968)

The notice shall specify with particularity what work is required to be done and shall state that if the said work is not completed by the affected property owner within 30 days after receipt of notice, the city engineer will perform the required work and the costs and expenses in connection therewith will be assessed against the affected property and become a lien thereon.

(Ord. 4872 § 9(c), 1968)

If upon the expiration of the 30-day period, the required work is not performed, the city engineer shall cause the work to be performed. If, however, the premises are unoccupied and no utility services are being furnished thereto, the city engineer may authorize the disconnection and removal of any and all overhead service wires and associated facilities to said property. Upon completion of the work by the city engineer, he shall file a written report with the board setting forth the properties disconnected and from which overhead service was removed, and the properties where required underground facilities work has been performed by city, together with a legal description of the property against which the cost is to be assessed, and the costs to be assessed. The board shall fix a time and place for hearing protests against the assessment of the cost of such work, which hearing shall not be less than 10 days after the filing of such report.

(Ord. 4872 § 9(d), 1968)

The city engineer shall notify immediately the owner and the person in possession of the premises of the time and place of the protest hearing. Notice shall be given in the same manner as provided in Section 13.14.120 and shall set forth the amount of the proposed assessment.

(Ord. 4872 § 9(e), 1968)

At the hearing, the board shall hear and consider the report and any protests and may affirm, modify or reject the assessment.

(Ord. 4872 § 9(f), 1968)

Unless the payment of the assessment is authorized to be payable in installments, the amount of each such assessment shall become due and payable to city upon confirmation by the board of the city engineer's report. If any assessment is not paid within 30 days, interest shall be added to the unpaid balance at the rate of 7 percent per year commencing on the 31st day after such assessment becomes due.

(Ord. 4872 § 10, 1968)

A. The board may authorize, by motion, that the payment of any assessment of more than $50.00 may at the assessee's option be made in not to exceed 10 annual installments; provided, however, that installment payments shall not be permitted where the assessment is $50.00 or less.

B. The first installment shall be paid on or before the 30th day after confirmation of the city engineer's report. Subsequent installments and interest shall be paid on or before the successive anniversary dates.

C. The unpaid balance of the assessment shall bear interest at the rate of 7 percent per year.

D. If any installment is not paid on or before the anniversary date, the entire unpaid balance of such assessment shall become due and payable immediately.

(Ord. 4872 § 11, 1968)

Any assessment or installment not paid within 6 months from the date it is due and payable is delinquent. A delinquent penalty of five percent of the unpaid balance including principal and interest, shall be added thereto.

(Ord. 4872 § 12, 1968)

If any assessment is not paid in full within 30 days after confirmation of the assessment, a lien shall be impressed against the property so assessed for the total unpaid balance of such assessment, together with interest and penalties thereon, if any, effective as of the time of recordation of a notice of lien, which lien shall continue until the assessment, together with interest and penalties thereon, has been paid in full or until such lien has been discharged of record.

(Ord. 4872 § 13(a), 1968)

The city clerk is authorized to record in the office of the county recorder of Los Angeles County a certificate of lien in the following form:

"Notice of Lien

Pursuant to the authority vested in him by Section 9(d) of Ordinance No. 4872, the "Underground Facilities Ordinance," the City Engineer and Superintendent of Streets did on _______, 19___, cause certain work to be performed, and the Board of Directors of the City of Pasadena did on _______, 19___, by Resolution No._____ in the files of the City Clerk assess the cost of such construction upon the real property in the City of Pasadena hereinafter described, and the same has not been paid nor any part thereof, and the said City of Pasadena does hereby claim a lien on said real property in the total sum of $_____, less the sum of $_____, which has been paid, leaving the principal sum of $_____, now due, owing and unpaid, and the same shall be a lien upon said real property until the said sum, with interest at the rate of 7 per cent per annum, from _______, 19___, and any penalties which may become due, has been paid in full and discharged of record.

The real property hereinbefore mentioned and upon which a lien is claimed is that certain parcel of land in the City of Pasadena, County of Los Angeles, State of California, described as follows:

(Description of Property)

Dated:________

_______

City Clerk of the City of Pasadena"

(Ord. 4872 § 13(b), 1968)

Any person violating any of the provisions of this chapter is deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00, or by imprisonment in the city jail for a period of not more than 6 months, or by both such fine and imprisonment.

(Ord. 4872 § 15, 1968)