[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.]
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.
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.
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.
Permit applicants with outstanding violations or unpaid monies.
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]
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.
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.
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.
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.
No application fees shall be refunded upon revocation of the permit.
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.
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.
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.).