HomeMy WebLinkAboutOrd 1968-1128
ORDINANCE NO. 1128
AN ORDINANCE OF THE CITY OF CHULA VISTA, AMENDING
THE CHULA VISTA CITY CODE BY ADDING THERETO A NEW
CHAPTER 34, ENTITLED "UTILITIES", RELATING TO THE
REQUIREMENTS FOR THE UNDERGROUNDING OF UTILI'l'IES,
AND REPEALING SECTION 28.6.1 OF SAID CODE.
The City Council of the City of Chula Vista does ordain as
SECTION I: That the City Code of the City of Chula Vista be,
nd the same is hereby amended by adding thereto a new chapter, desig-
~ted as Chapter 34, entitled "Utilities", to read as follows:
CHAPTER 34.
UTILITIES.
ARTICLE I.
UNDERGROUNDING UTILITIES:
SUBDIVISIONS.
Sec. 34.1.1.
Purpose and Intent.
It is the purpose and intent of this Article to require the
cundergrounding of all future distribution utility installations and
ffll present distribution installations within new subdivisions in the
"~ty of Chula Vista except where a tentative subdivision map has been
~~eviously accepted by the Councilor sewer and water utilities have
)een installed or in those circumstances where such undergrounding would
be infeasible or impractical as set forth herein.
Sec. 34.1.2.
Undergrounding Requirements~
All privately owned public distribution utility systems and ser-
~lce facilities within the boundaries of any subdivision shall henceforth
tbe placed underground. Transformers, terminal boxes, meter cabinets, ped-
'estals, concealed ducts and other facilities necessarily appurtenant to
such underground utilities and street lighting systems may be placed above
"ground.
Sec. 34.1.3.
Responsibility of Subdivider.
The subdivider shall be responsible for the requirements of this
and shall make the necessary arrangements with each of the public
utility companies for the installation of underground facilities and the
relocation of existing facilities. The subdivider shall provide the City
" of Chula vista with letters indicating that said arrangements have been
tmade with the public utility companies stipulating the undergrounding of
'said utility facilities concurrent with the filing of the final map of
'any subdivision as required by this chapter and the State Subdivision Map
Act, and subject to the approval of the City of Chula vista. Said arrange-
ments between the subdivider and the public utility companies as a condi-
tion of aPPfoval of the final map may be waived as provided herein.
1. The provisions of this section shall not require the under-
grounding of power transmission lines of 60,000 volts or more.
2. Ornamental street lighting will be required as recommended
by the City Engineer and approved by the City Council.
3. Television and radio reception should be provided by concealed
antennae, or by an underground or otherwise concealed cable and
one central antenna as shown on the approved plot plan.
Sec. 34.1.4.
Suspension of Requirements.
A subdivider or public utility company may request that the
City Council vary from or suspend the requirements of this Article. The
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applicant for such variance or suspension shall pay the sum of FIFTY
DOLLARS ($50) at the time said application is submitted, to cover the
cost of the public hearing as required herein. After conducting a
public hearing, the Council may waive the requirements of this Article
if the Council finds from the evidence presented at the hearing tnat
all of the following facts exist:
1. That extraordinary conditions exist to the extent that
enforcement of this subsection would result in unnecessary
hardship to the subdivider or the utility company.
2. That such waiver will not, under the circumstances of
the particular case, be detrimental to the health, safety
or general welfare of the neighborhood.
ARTICLE II. UNDERGROUNDING UTILITIES: NEW STRUCTURES.
Sec. 34.2.1. Undergrounding Requirements.
All structures built in residential (R) zones, and all struc~
tures built in a commercial (C) zone shall, within the exterior boundary
lines of such property, have all electrical, communication, C.A.T.V.
and similar distribution, service wires, and/or cables placed underground.
The owner is responsible for complying with the requirements of this
Article, and shall make the necessary arrangements with each of the
serving utilities for the installation of such facilities.
Sec. 34.2.2. Above .Ground Structures.
Transformers, terminal boxes, meter cabinets, pedestals, con-
cealed ducts and other facilities may be placed above ground. Water
'and sewer distribution facilitips shall be installed in conformance
with specifications of the City Engineer.
Sec. 34.2.3.
Suspension of Requirements.
The Planning Commission may waive the requirements of this
section in a particular case where it is shown, and the Planning Com-
mission so finds, that topography, soil or other conditions make such
underground installation unreasonable or impractical. The provisions
of this section shall not apply to existing utility facilities or to
the installation and maintenance of overhead electric transmission
lines and overhead communication long distance, trunk and feeder lines.
ARTICLE III. REGULATIONS AND PROCEDURES FOR THE
REMOVAL OF OVERHEAD UTILITY FACILITIES AND THE
INSTALLA.TION OF UNDERGROUND FACILITIES IN UNDER-
GROUND UTILITY DISTRICTS.
Sec. 34.3.1.
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:
"Commission" shall mean the Public Utilities Commission of
the State of California.
"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 3 of this ordinance.
IIPerson'l shall mean and include individuals, firms, corporations,
partnerships, and their agents and employees.
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Ilpoles, overhead wires and associated overhead structuresll
shall mean poles, towers, supports, wires, conductors, guys,
stubs, platforms, crossarms, braces, transformers, insulators,
cutouts, switches, communication circuits, appliances, attach-
ments and appurtenances located above ground within a District
and used or useful in supplying electric, communication or sim-
ilar or associated service.
"Utilitv" shall include all persons or entities supplying
electri~, communication, television or radio reception or sim-
ilar or associated service by means of electric materials or
devices.
Sec. 34.3.2.
Public Hearing by Council.
The 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 with-
in 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 con-
cerned 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
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 Council shall be final and conclusive.
Underground Utility Districts; Council May
Designate by Resolution.
If, after any such public hearing, the Council finds that the
public health, safety or welfare requires such removal and such under-
ground installation within a designated 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 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. Immediately following its adoption, the City Clerk
shall cause a certified copy of such resolution to be recorded in the
Office of the County Recorder.
Sec. 34.3.3.
Sec. 34.3.4.
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 3 hereof, it shall be unlawful
for any person or utility to erect, construct, place, keep, maintain, con-
tinue, 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 under-
ground 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 otherwise provided in this Article.
Sec. 34.3.5.
Exception, Emergency or Unusual Circumstances.
Notwithstanding the provisions of this ordinance, overhead
facilities may be installed and maintained for a period, not to exceed
ten (10) days, without authority of the Council in order to provide
emergency service. The Council may grant special permission, on such terms
as the Council may deem appropriate, in cases of unusual circumstances,
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without discrimination
install, maintain, use
overhead structures.
as to any person or utility, to erect, construct,
or operate poles, overhead wires and associated
Sec. 34.3.6.
Other Exceptions.
This ordinance and any resolution adopted pursuant to Section
34.3.3 hereof, unless otherwise provided in such resolution, shall not
apply to the following types of facilities:
1. Any municipal facility or equipment installed under the
supervision and to the satisfaction of the City Engineer.
2. Poles or electroliers used exclusively for street lighting.
3. 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 overhead structures are
not prohibited.
4. Poles, overhead wires and associated overhead structures
used for the transmission of electric energy at nominal voltages
in excess of 60,000 volts.
5. Overhead wires attached to the exterior surface of a build-
ing by means of a bracket or other fixture and extending from
one location on the building to another location of the same
building or to an adjacent building without crossing any pub-
lic street.
6. Antennae, associated equipment and supporting structures
used by a utility for furnishing communication services.
7. Equipment appurtenant to underground facilities, such as
surface mounted transformers, pedestal mounted terminal boxes
and meter cabinets, and concealed ducts.
8. Temporary poles, overhead wires and associated overhead
structures used or to be used in conjunction with construction
projects.
Sec. 34.3.7.
Notice to Property Owners and Utility Companies.
Within ten (10) days after the effective date of a resolution
adopted pursuant to Section 34.3.3 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 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 34.3.3,
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.
Sec. 34.3.8.
Responsibility of Utility Companies.
If underground construction is necessary to provide utility
service within a District created by any resolution adopted pursuant to
Section 34.3.3 hereof, the supplying utility shall furnish that portion
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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.
Sec. 34.3.9.
Responsibility of Property Owner.
Every person owning, operating, leasing, occupying or renting
a building or structure within a District shall perform construction and
provide that portion of the service connection on his property between
the facilities referred to in Section 34.3.8, and the termination facility
on or within said building or structure being served, all in accordance
with applicable rules, regulations and tariffs of the respective utility
or utilities on file with the Commission.
Sec. 34.3.10.
Responsibility of Property Owner; Enforcement.
In the event any person owning, operating, leasing, occupying
or renting said property does not comply with the provisions of Section
34.3.9 within the time provided for in the resolution enacted pursuant
to the provisions of Section 34.3.3 hereof, the Director of Public Works
shall post written notice on the property being served and thirty (30)
days thereafter shall have the authority to order the disconnecting and
removal of any and all overhead service wires and associated facilities
supplying utility service to said property.
Sec. 34.3.11.
Responsibility of Property Owner; Enforcement;
Council Hearing.
If the requirements of Section 34.3.9 are not accomplished in
accordance with said provisions and within the time provided for in the
resolution enacted pursuant to Section 34.3.3 hereof, the Director of
Public Works may determine that the method of enforcement provided in
Section 34.3.10 hereof is not an efficient or effective method of en-
forcement, and may pursue the following procedure for enforcement of the
responsibility of property owners set forth in Section 34.3.9.:
1. The Director of Public Works 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 (10) days
after receipt of such notice.
2. 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 must be deposited in the
United States mail in a sealed envelop 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, and when no address
appears, to General Delivery, City of Chula Vista. If notice is given
by mail, such notice shall be deemed to have been received by the per-
son 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 Director of Public Works shall, within
forty-eight (48) hours after the mailing thereof, cause a copy thereof,
printed on a card not less than eight inches (8") by ten inches (10")
in size to be posted in a conspicuous place on said premises.
3. The notice given by the Director of Public vvorks 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 Director of Public
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:)
Works will provide such required underground facilities, in which case
the cost and expense thereof, including engineering, legal, advertising
and all incidental expenses, will be assessed against the property bene-
fitted and become a lien upon such property.
4. If, upon the expiration of the thirty (30) day period, the
said required underground facilities have not been provided, the Director
of Public Works shall forthwith proceed to do the work, provided, however,
if such premises are unoccupied and no electric or communication services
are being furnished thereto, the Director of Public Works 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 Director of Public Works, 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 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 (10) days there-
after.
5. The Director of Public Works 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 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 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.
6. Upon the date and hour set for the hearing of protests,
the Council shall hear and consider the report and all protests, if there
be any, and then proceed to affirm, modify or reject the assessment.
7. If any assessment is not paid within five (5) days after its
confirmation by the Council, the amount of the assessment shall become
a lien upon the property against which the assessment is made by the
Director of Public Works, and said Director shall 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 rate of eight percent (8%) per annum.
Sec. 34.3.12.
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 enable
the owner or user of such poles to remove the same within the time speci-
fied in the resolution enacted pursuant to Section 34.3.3 hereof.
Sec. 34.3.13.
Extension of Time.
In the event that any act required by this ordinance or by a
resolution adopted pursuant to Section 34.3.3 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 II: That Section 28.6.1 of the Chula Vista City Code
be, and the same is hereby repealed.
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SECTION III: 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 fail-
ing 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 exceed-
ing 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 IV. This ordinance shall take effect and be in full
the thirty-first day from and after its passage and approval.
blic
ADOPTED AND APPROVED
VISTA, CALIFORNIA, this 18th
following vote, to-wit:
by the CITY COUNCIL of the CITY OF CHULA
day of June , 1968 , by the
AYES:
Councilmen Sylvester, Hamilton, McCorquodale, McAllister, Scott
NAYES:
Councilmen None
ABSENT:
Councilmen None
ATTEST
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Cj,ty Clerk
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;:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO ss.
CITY OF CHULA VISTA
I, ' City Clerk of the City of Chula
Vista, California, DO HEREBY CERTIFY that the above is a full, true and
correct copy of Ordinance No. , and that the same has not been
amended or repealed. DATED
City Clerk
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