Chapter 12.12
UTILITY UNDERGROUNDING
Sections:
12.12.020 Requirement established.
12.12.040 Penalties and appeals.
12.12.010 Applicability.
The requirements set forth in this chapter shall apply to all electrical and/or communication facilities privately owned or otherwise, including but not limited to wires or cable, incidental to use and/or occupancy of any area of real property within the town. (Ord. 631 § 1, 2011)
12.12.020 Requirement established.
Existing overhead electrical and/or communication facilities shall be converted to underground facilities prior to any system modification. New electrical and/or communication facilities shall be installed underground. (Ord. 631 § 2, 2011)
12.12.030 Permit required.
Prior to commencement of any electrical construction work within the town a permit therefor must be obtained from the Washington Department of Labor and Industries Electrical Division. All electrical work performed within the town shall be in accordance with the National Electric Code and all applicable laws of the state. (Ord. 631 § 3, 2011)
12.12.040 Penalties and appeals.
A. It shall be unlawful for any person, firm, corporation or association to violate the provisions of this chapter. Any violation of this chapter shall be deemed a civil infraction and shall be punished by a penalty not to exceed $300.00 for each day or portion of a day that a violation is continued or maintained.
B. Notices of violation shall be issued by the town building official. Any person who receives a notice of violation shall take corrective action within 15 days from the date the notice is served. Persons wishing to contest the notice of violation or who wish to explain mitigating circumstances shall file a request for a variance hearing within 15 days of the date the notice of violation is served.
C. The determination of the hearing examiner shall be final, binding and conclusive unless a judicial appeal is filed with the King County superior court within 21 days of the date of issuance of the hearing examiner’s written determination. Failure to timely appeal the notice of violation shall result in the notice becoming the final binding order of the town.
D. In those instances where a civil penalty has been imposed for failure to install underground facilities, any development permits associated with the work shall not be issued or shall be withdrawn until such time as the civil penalty has been paid and all other requirements of the building official and/or town engineer have been met. (Ord. 631 § 4, 2011)