No telegraph, telephone or electric company nor any person shall erect any pole upon any street, highway or alley within the City other than such as are ordered by Council for lighting, unless such company first submits plans showing the location, number and size thereof to the City Engineer, who is authorized on behalf of Council to approve or disapprove location. Upon the City Engineer approving a plan, he shall issue a permit to the applicant to erect poles in accordance with such plan.
[Adopted as Art. 907 of the 1979 Codified Ordinances]
Any person, firm or corporation owning or leasing poles, shall submit to the Department of Streets and Public Improvements on or before June 1 of every year a sworn statement disclosing the number and location of the poles and pay $1 for each new or replacement pole, and $0.25 for each pole previously reported to the Department. The Department shall issue a permit to entitle the company or person to maintain such poles for one year from June 1 of that year and no longer.
It shall be the duty of the Department of Streets and Public Improvements at least once a year to cause a thorough inspection of all telegraph, telephone and electric light poles erected within the City. If any pole is found to be defective, unsuitable or unsound, the owner of such pole shall be notified to replace the same immediately with a sound pole, within 48 hours after receiving such notice.
All telegraph, telephone and electric light poles in the City shall be designated by the names or initials of the owner and each pole shall bear a distinctive number. Names, initials and numbers shall be legibly marked upon the poles so designated.
Whenever any telegraph, telephone or electric light poles are placed or replaced in any street, highway, alley or sidewalk, the person owning the poles or doing the work shall immediately repair and put in good condition at their own cost the surface around such poles or any openings or holes made for them, to the satisfaction of the City Engineer. No stump or any pole, opening or hole shall be left in any street, highway, alley or sidewalk. Stumps shall be removed, and all holes shall be filled in and repaired with like material and in like manner as existed prior to the work.
[Amended 6-15-2017 by Ord. No. 2-2017]
Upon violation of this article the City may take any of the following actions:
A.
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives or any Police officer may cause a printed ticket for such violation to be handed to the violator, left upon or affixed to the premises where such violation occurred, or mailed to the address of the property in question or the address to which tax bills are mailed for such property by certified mail. The ticket shall bear the date, the time and the nature of the violation, the fine prescribed therefor pursuant to Subsection A(2) below, and a reference to this chapter.
(1)
Whoever receives such a ticket may within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction of such ticket. Payment shall be made as directed on the ticket and the violator shall be furnished with an official receipt therefor, which shall constitute an admission of the violation charged but shall not excuse a continuing violation.
(2)
Ticketed penalties for violations shall be in the amount of $200, provided however, that the City Council may revise such ticket penalties amount by resolution from time to time.
(3)
When a person has been notified in the manner set forth in this chapter and does not avail himself or herself of the penalty provision of Subsection A(1) hereof, a citation or summons shall be issued for such violation. Upon conviction on such summons or citation before the Magisterial District Justice, such person shall be subject to a penalty of not more than $1,000 and costs, and in default of payment thereof, imprisonment for a period of not more than 30 days. If the person named in the citation or summons fails to appear on the date specified therein, a warrant may be issued for his or her arrest.
B.
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives may cause the conditions in violation of this article to be removed or abated by employees of the City or by any independent contractor authorized by the City. Thereafter, the owners, tenant, occupant or agent of the property shall be liable for the cost of such removal or abatement, plus an administrative charge equal to 15% of such costs, in the manner of a municipal lien.
C.
In addition to the penalty provided above, the City shall have all other remedies available at law and in equity.