[Added 8-17-2010 by L.L. No. 21-2010]
A. 
The Riverhead Town Board hereby finds and determines that utility companies are frequently required to replace damaged utility poles.
B. 
The Riverhead Town Board also finds that this process often involves the installation of a new pole directly next to or in close proximity to the damaged pole, a practice known in the industry as a "double wood."
C. 
The Riverhead Town Board further determines that double woods should be in place only temporarily to allow the various utility companies a reasonable amount of time to move their equipment to the new pole.
D. 
The Riverhead Town Board determines that, increasingly, double woods are being left in place for long periods of time, sometimes for several years.
E. 
The Riverhead Town Board also finds and determines that double woods have proliferated to the point where there are now hundreds, if not thousands, of aesthetically unpleasant damaged poles lining the Town's roadways.
F. 
The Riverhead Town Board determines that, in addition to being eyesores, damaged poles left standing for unreasonably long periods of time pose a serious threat to the safety of Town of Riverhead residents.
G. 
Therefore, the purpose of this article is to incorporate into the Town of Riverhead Highway Department utility pole permitting process a requirement that damaged poles be removed in a timely manner and to authorize penalties against utilities when they fail to comply with this permit requirement or when they fail to remove existing, damaged poles in violation of this article.
As used in this article, the following terms shall have the meanings indicated:
DOUBLE WOOD
A new utility pole that is attached, or placed in close proximity, to a damaged utility pole.
PLANT
The cables, terminals, conductors and other fixtures necessary for transmitting electric, telephone, cable television or other telecommunications service.
PUBLIC UTILITY
Any corporation, authority or other entity that provides electric, telephone, cable television or other telecommunications service to the residents of the Town of Riverhead.
The Town of Riverhead Highway Department shall include in all permits for the installation of utility poles on Town highways the following provisions:
A. 
The permittee shall have 90 days to remove a damaged pole following the installation of a new pole.
B. 
If a damaged pole remains as part of a double wood after the ninety-day period has expired, the Town of Riverhead Highway Department shall notify the permittee that the damaged pole must be removed within 60 days of receipt of the notice or a penalty will be imposed.
C. 
If a damaged pole remains as part of a double wood 60 days after the Town's notification, the permittee shall be assessed a penalty of $250 for each day the damaged pole is left standing.
A. 
The Highway Department Superintendent shall determine procedures for compliance with the provisions of this article.
B. 
The Highway Department Superintendent or designee shall also be responsible for undertaking the inspections to determine compliance and certification and filing the necessary documentation.
C. 
The provisions of this article shall be enforced by the Building Inspector, the Building and Planning Administrator, Ordinance Inspector, Town Investigator, Senior Town Investigator and by the police officers of the Town of Riverhead, who shall be authorized to issue summonses to violators at the site of the violation. If the owner of the property on which the violation exists cannot be personally served at the time of the issuance of the summons, the summons shall be served upon the owner by certified mail, return receipt requested, addressed to the owner or its designated managing agent at the address listed in the property tax rolls as the address of the property owner.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I).
A. 
Each day's continued violation shall constitute a separate, additional violation.
B. 
A violation of this article shall be punishable by a fine not to exceed $250.
C. 
Any public utility that violates this law and fails to remove their double wood or plant from a damaged pole within 60 days of receiving notification shall be subject to a civil penalty not to exceed $250 for each such violation. Each day that the violation continues shall be deemed a separate violation.
D. 
If a public utility violates the provisions of this article and fails to remove the double wood or plant from a damaged pole in accordance with the provisions of this article, the Town Attorney, upon authorization from the Town Board, may commence an action in the name of the Town of Riverhead in a court of competent jurisdiction for necessary relief, which may include imposition of civil penalties as authorized by this article, in order to remove the double wood or plant from a damaged utility pole and/or to remove the damaged pole, the recovery of costs of the action and such other remedies as may be necessary to prevent or enjoin a dangerous condition from existing on a Town highway.
A. 
Scope. This article shall apply to all utility poles located within the Town of Riverhead, whether or not the use and installation thereof shall be permitted under applicable regulations.
B. 
This article shall apply to all utility pole permits issued by the Town of Riverhead Highway Department and shall apply to existing double wood on or after the effective date of this article.
C. 
The provisions of this article shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations. Nothing in this article shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county or state or existing requirements of any other provision of local laws or ordinances of the Town or county or state laws and regulations. In case of conflict between any provisions of this article and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail. The issuance of any permit or the filing of any form under this article does not make legal any action or state of facts that is otherwise illegal under any other applicable legislation.