[HISTORY: Adopted by the Common Council of
the City of Oswego 5-12-1980 as Ch. 114 of the 1980 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 211.
No telegraph, telephone, electric light or railway
company, or other corporation, association or person, shall erect
any post or pole to support wires or lines for the transmission of
electricity in any public way or grounds without and until the legal
consent, in writing, duly acknowledged, of at least one-half (1/2)
of the owners of abutting property shall have first been obtained
and filed with the City Clerk, nor without the consent of the Common
Council previously obtained, in which the exact location of each post
or pole proposed to be erected shall be duly set forth, and no wire
or line for the transmission of electricity for any purpose shall
be attached to any tree, building, erection or fixture of any kind,
in any public away or grounds, by cross arms or other means, except
by permission of the Department of Public Works previously obtained,
in which permission such tree, building, erection of fixture shall
be duly described.
No corporation or person shall attach any wire
or wires for the transmission of electricity for any purpose, except
the lines and wires of the City of Oswego, to any post or pole already
erected for the use of another corporation or person, except by the
consent of the owner and the Common Council previously obtained. A
hearing upon all petitions to the Common Council for permission to
erect posts or poles to support wires or lines or to attach wires
or lines to trees or other fixtures for the transmission of electricity
for any purpose shall be given to all parties interested before the
proper committee of the Common Council, who shall recommend to such
Council such action as may be deemed expedient. Notice of the filing
of such petition and of the hearing thereon shall be given by the
petitioner or petitioners by publication for at least three (3) days
in the official papers to all persons owning or occupying the land
along the streets or ways upon which locations are paid for, which
notice shall state briefly the streets or ways or the parts thereof
to which such petition relates.
None but sound, straight, well-formed posts
or poles, smooth and free from decay, of quality satisfactory to the
Superintendent of Public Works, shall be erected and maintained in
any public way, bridge or grounds, under the permission to erect posts
or poles to support wires for telegraph or telephone or other lines
for the transmission of electricity. No telegraph, telephone or other
company, person or corporation, their servants or agents shall cut
or in any way deface or mar or injure any tree or the limbs thereof
in erecting or maintaining in any of the streets or public places
in this city any of their poles, wires or other structures without
the consent of the Department of Public Works and of the owner of
the premises in front of which any such tree or trees are standing,
and then only under the immediate supervision of the Superintendent
of Public Works or any persons designated by him.
All posts or poles erected and maintained in
the public ways for the support of wires, for telegraph or telephone
service and other lines for the transmission of electricity shall
be set and maintained in a perpendicular position, as nearly as practicable,
of uniform height as nearly as practicable, and in line with each
other; and shall be shaved and kept properly painted by the owners
thereof in such colors and manner as the Department of Public Works
may direct from time to time, and with the words "Post No Bills" painted
thereon under the direction and approval of the Superintendent of
Public Works. All posts and poles used for carrying of wires for telegraph
or telephone service and other lines for the transmission of electricity
or in connection therewith which are not erected, kept and maintained
in conformity with the preceding ordinances may be summarily removed
by the Superintendent of Public Works after two (2) days' notice to
the owner or his agent or employee to remove the same.
No wire for telegraph or telephone service or
other line for the transmission of electricity shall be attached to
any post or pole, tree or other fixture at a point less than twenty
(20) feet above the level of the street or ground nor run along or
across any public street or way, except by the permission of the Common
Council; and, except by such permission, no post or pole more than
forty (40) feet high shall be erected for the support of such wires
or lines.
Every corporation or person maintaining or operating
a wire or line of wire for telegraph or telephone service or other
line for the transmission of electricity shall mark such post or pole,
structure or fixture in a clear and legible manner and keep the same
so marked with the name of the corporation or persons maintaining
or operating such line or wire; and when any line or wire shall be
affixed to the post or pole or fixture of another corporation or person,
it shall be attached to a suitable arm or bracket.
A.
No street, highway or bridge shall be torn up or disturbed
for the purpose of laying, repairing, changing or removing lines,
wires or conduits, or erecting, altering or removing posts, poles
or other fixtures used for carrying electric lines or wires without
a permit first obtained from the Department of Public Works upon filing
with said Department the required bond indicating the time, manner
and place of disturbance, with the conditions under which such tearing
up or disturbance is permitted. No formal permit shall be necessary
to sanction the temporary removal of covers to manholes for the purpose
of removing or repairing lines, wires or cables. Whenever any opening
is made in any street, highway or bridge for the purpose aforesaid
or for any repairs, such street, highway or bridge shall be promptly
restored by the person or corporation owning or operating the lines
or wires to a good condition, satisfactory to the Department of Public
Works and shall be kept and maintained in such condition by such person
or corporation for two (2) years thereafter; and if not immediately
so restored, kept and maintained, the same may be done by the city
at the expense of such person or corporation, without previous notice
of the intention so to do.
B.
The Department of Public Works shall have power to
remove from any street or public place any post or pole erected for
carrying any telegraph or telephone or other wire or wires for any
purpose when said post or pole shall not bear the name of the owner
thereof plainly printed thereon or when said post or pole shall be
used for carrying or supporting any wire or wires which are no longer
used for any such purposes or when such wire or wires have been removed
therefrom.
C.
Permit applicants with outstanding violations or unpaid monies.
(1)
No
such permit shall be granted to or renewed for an applicant who is
in violation of any City of Oswego code, ordinance or local law (hereinafter
"violations") or who owes property taxes, water or sewer fees, special
assessments, fines for violations of City ordinances or any other
fees or past due monies of any name or nature owed to the City of
Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L.
No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(a)
The applicant shall have the burden of providing proof in a
form acceptable to the department that there are no such violations
or unpaid monies.
(b)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.
(c)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this local law.
(d)
Such permit, once granted, shall be revoked in the event that
the applicant accrues violations or unpaid monies, or violations or
unpaid monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
(e)
No application fees shall be refunded upon revocation of the
permit.
(f)
The applicant must reapply for the issuance of such revoked
permit by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
(g)
All requirements set forth herein shall also apply to nonperson
entities and such permit or renewal thereof shall be denied to an
entity, or revoked, if a person with a substantial interest in such
entity owes such unpaid monies or has accrued such violations. A "person
with a substantial interest" shall mean an ownership interest of more
than 10% of, membership on the governing board of, holding an office
in or holding the ability to cast or control more than 10% of the
votes in such entity.
(2)
Notwithstanding the provisions contained in this section to the contrary,
when in the opinion of the Director of Code Enforcement the issuance
of a permit is necessary to prevent harm to life, safety, or the general
welfare of the public, the Director of Code Enforcement shall be authorized
to issue said permit for the sole and exclusive purpose of bringing
such violations into compliance with the Code of the City of Oswego.
Nothing contained herein shall relieve the property owner from complying
with all other applicable sections of the Code including, without
limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L.
No. 2-2017]
Any person violating the provisions of this
chapter shall be subject to a fine of not less than five dollars ($5.)
nor more than fifty dollars ($50.).
