CHAPTER 3
UNDERGROUND UTILITY DISTRICTS
ARTICLE 6. UNDERGROUNDING OF UTILITIES
SECTION:
§3852 Underground Service; Building Permits; New Construction
§3853 Same; Remodel Or Repair Construction
§3850 TITLE
This ordinance shall be referred to as the UNDERGROUND UTILITIES ORDINANCE. (Ord. 634, §1, adopted 1973)
§3851 DEFINITIONS
Definitions as used in this Ordinance, unless the context otherwise requires, the following words and phrases (and any variants thereof) shall mean:
A. "Communication service" means the transmission of intelligence by electrical means, including, but not limited to, telephone, telegraph, messenger-call, clock, police, fire alarm and traffic-control circuits and circuits for the transmission of standard television or radio signals.
B. "Electric service" means the distribution of electricity for heat, light or power. (Ord. 634, §1, adopted 1973)
§3852 UNDERGROUND SERVICE; BUILDING PERMITS; NEW CONSTRUCTION
It shall be a condition of permits issued for the construction of new homes and other buildings which will require electrical or communication services provided by cables and wires, that facilities necessary to receive utility cables and wires be installed underground by the permittee from the building to the service point to be determined by the City. If the serving utility pole is located on the same side of the street as, and between the extended side lot lines of the property involved, the utility service shall thereafter be connected underground. If the serving utility pole is located elsewhere, underground connection of the utility service shall be made at the time the aerial lead of the serving utility is removed and replaced by an underground lead by said utility. Connection to the underground lead is an expense to be borne by permittee at time of connection. (Ord. 634, §1, adopted 1973)
§3853 SAME; REMODEL OR REPAIR CONSTRUCTION
It shall be a condition of any permit for the repair or remodeling of a building or sign, requiring communication service or electric service, which repair or remodeling shall be in an amount exceeding fifty percent (50%) of the market value of the property (as determined by applying the last available assessment ratio to the last available assessment by the Assessor of Mendocino County), that facilities necessary to receive such services be placed underground from the building to the serving point designated by the City.
A. If the serving utility pole is located on the same side of the street as, and between the extended side lot lines of the property involved, the utility service shall be connected underground upon the completion of the work authorized by the building permit.
B. If the serving utility pole is located elsewhere, the utility service shall be connected underground at the time the serving utility aerial lead is removed and replaced with an underground lead. (Ord. 634, §1, adopted 1973)
§3854 EXEMPTIONS
The provisions of §§3852 and 3853 shall not apply to the following types of facilities and situations:
A. Poles without overhead lines used exclusively for fire and/or police alarm boxes, lighting purposes or traffic control.
B. 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.
C. Radio Antennas, their associated equipment and supporting structures, used by a utility or person for furnishing communication services.
D. Equipment appurtenant to underground facilities such as surface mounted transformers, pedestal mounted terminal boxes, meter cabinets and concealed ducts.
E. Where the City Engineer expressly finds that topographical or soil conditions make such application unreasonable or impractical.
F. Where the City Engineer, upon application of the applicant for a building permit or the City expressly finds that such application cannot be accomplished feasibly and practically within applicable safety regulations and other laws applying to the installation, will cause unnecessary or unusual hardship.
§3855 PENALTIES
Any person, firm or corporation who shall either violate or neglect or refuse to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or, if a person, by imprisonment for a period not to exceed 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. (Ord. 634, §1, adopted 1973)