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~rdir~nce No. 97-77 <br />age <br />of the effective date of this Chapter. Such underground utility communications facilities also <br />include appurtenances located above the surface of the ground, such as transformers, amplifiers, <br />junction boxes, pedestals and similar equipment. <br />929.03 SUBMITTAL OF PLANS; PROHIBITIONS. <br />(a) No transformer, amplifier, junction box, pedestal or similar equipment, which is part <br />of an underground utility communications facility serving a residential property, or located <br />immediately adjacent to a residential property, shall be installed above ground unless pursuant to <br />a plan approved by the City Engineer. The City Engineer shall approve such plan for an above <br />ground location if the applicant establishes that it is not technologically practicable to install the <br />equipment below ground. If the City Engineer approves said plan, he shall require that all above <br />ground equipment be appropriately screened from public view by the use of landscaping plants <br />and/or other materials. <br />(b) Damaged or deteriorated above ground equipment, which is part of an underground <br />utility communications facility, shall be timely repaired or replaced. Equipment which is <br />obviously not level or plumb shall be considered damaged or deteriorated. The owner of such <br />equipment, upon receiving written notice from the City Engineer, shall repair or replace said <br />damaged or deteriorated equipment within thirty (30) days. <br />929.04 PENALTY. <br />A violation of any provision of this Chapter shall be deemed a minor misdemeanor. Each <br />day upon which a violation of any provision occurs, or continues to occur, shall be considered to <br />be a separate violation. <br />SECTION 2: That any Ordinance or sections of Ordinances heretofore adopted that are <br />inconsistent herewith are hereby repealed. <br />SECTION 3: That this Ordinance shall take effect and be in force from and after the <br />earliest period allowed by law. <br />PASSED: ~~~~~~'~-~` ~1 l~ ~' I <br />ST.• <br />~-~ <br />BARBARA L. SEMAN, J MES D. BOEHMER, <br />Cl rk of Council President of Council <br />DATED: <br />~~ = ~~~. <br />First Reading: _ <br />Second Reading: <br />Third Readin <br />Committee: <br /> <br />~o <br />~- <br />~~ <br />