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(a) Except as expressly provided in this Section 855-5, all provisions of Title IV (Streets and Highways) of the Humboldt County Code and all County administrative rules and regulations developed to implement any of these provisions, as now existing or as hereafter amended, shall apply to all work performed by or on behalf of a state franchise holder on any County public rights-of-way, County public property, public utility easement or County easement. (Ord. 2443, § 1, 1/25/2011)

(b) Permits. Prior to commencing any work for which a permit is required by Title IV, Division 1, Chapter 1, of the Humboldt County Code, a state franchise holder shall apply for and obtain a permit in accordance with the provisions of said Chapter 1 and shall comply with all other applicable laws and regulations, including but not limited to all applicable requirements of Division 13 of the California Public Resources Code, Section 21000, et seq. (the California Environmental Quality Act). (Ord. 2443, § 1, 01/25/2011)

All facilities and appurtenances which shall be installed and used under and pursuant to the provisions of this Chapter and Title IV of the Humboldt County Code, shall be installed, constructed and maintained in a good and workmanlike manner under the direction of the Humboldt County Director of Public Works Department (“Director of Public Works”) and shall be maintained in compliance with all valid laws and ordinances from time to time in force. (Ord. 2443, § 1, 01/25/2011)

State franchise holder shall, immediately upon installing, maintaining and using said facilities and appurtenances, or any part thereof, at its own cost and expense, place said public roads, or so much thereof as may have been damaged thereby, in as good order and condition as that in which they were before being disturbed or excavated for the purpose of installing, maintaining and using said facilities and appurtenances or any part thereof. The Director of Public Works shall determine if such work has been done in an acceptable manner. (Ord. 2443, § 1, 1/25/2011)

(c) The Director of Public Works shall either approve or deny state franchise holder’s application for any permit required under Title IV of the Humboldt County Code within sixty (60) days of receiving a completed permit application from the state franchise holder. (Ord. 2443, § 1, 1/25/2011)

(d) If the Director of Public Works denies a state franchise holder’s application for a permit, the Director of Public Works shall, at the time of notifying the applicant of denial, furnish to the applicant a detailed explanation of the reason or reasons for the denial. (Ord. 2443, § 1, 1/25/2011)

(e) A state franchise holder that has been denied a permit by final decision of the Director of Public Works may appeal the denial to the Humboldt County Board of Supervisors. Upon receiving a notice of appeal, the Humboldt County Board of Supervisors shall take one of the following actions: (Ord. 2443, § 1, 01/25/2011)

(1) Affirm the action of the Director of Public Works without any further hearing; or (Ord. 2443, § 1, 1/25/2011)

(2) Refer the matter back to the Director of Public Works for further review with or without instructions. (Ord. 2443, § 1, 1/25/2011)

(f) In rendering its decision on the appeal, the Humboldt County Board of Supervisors shall not hear or consider any argument or evidence of any kind other than the record of the matter received from the Director of Public Works unless the Humboldt County Board of Supervisors is itself conducting a public hearing on the matter. (Ord. 2443, § 1, 1/25/2011)

(g) The issuance of a permit is not a franchise, and does not grant any vested rights in any location in the public rights-of-way, County easement, public utility easement, or County property, or in any particular manner of placement within the public rights-of-way. Without limitation, a permit to place cabinets, facilities, equipment, fixtures and similar appurtenances above ground may be revoked and the state franchise holder required to place the facilities underground, in accordance with applicable law. (Ord. 2443, § 1, 1/25/2011)