[HISTORY: Adopted by the Common Council of the City of Cohoes as indicated in article histories. Amendments noted where applicable.]
Article I Utility Poles on City Road Rights-of-Way
[Adopted 3-25-2014 by Ord. No. 1-2014]
As used in this article, the following terms shall have the meanings indicated:
- The Commissioner of the City of Cohoes Department of Public Works.
- The City of Cohoes Department of Public Works.
- DOUBLE POLE
- Any damaged utility pole or old utility pole from which the plant has been removed, in whole or in part, which is attached or in close proximity to a new utility pole.
- 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 City of Cohoes.
- WRITTEN NOTIFICATION
- A writing directed to a representative of a public utility, who may be designated by the utility, by regular mail, fax transmission or electronic mail.
When the Department, or its duly authorized agent, determines that a utility pole in a City road right-of-way is damaged and poses a potential threat to public safety, the Department, or its duly authorized agent, shall notify any public utility with a plant on the damaged pole that it must remove its plant from the pole or be subject to a penalty. A public utility must remove its plant from the damaged pole within 15 days of receiving such notification from the Department or its duly authorized agent.
When the Department, or its duly authorized agent, determines that a double pole is in a City road right-of-way, the Department or its duly authorized agent will notify the public utility which has the top plant on the double pole that the plant must be removed within 60 days or be subject to penalty. Upon removal of the top plant each subsequent public utility with plant on a double pole will have 60 days to remove such plant from the date they receive notification from the Department or its duly authorized agent.
After all plants have been removed from the double pole, the public utility which owns the double pole shall remove said pole within 30 days after receiving notification from the Department or its duly authorized agent. This provision shall not nullify or limit any private agreement between and among public utilities that assign responsibility for pole removal.
It shall be unlawful for any person to make any installation of a utility pole on a City right-of-way without first making application for and obtaining permission to do so from the Director of Building and Planning of the City and paying the appropriate application fee, as herein provided. Permits issued hereunder shall not be transferable without the written consent of the Commissioner of Public Works.
Such application must be conditioned to indemnify and save harmless the City of and from all loss, cost and damage on account of the granting of such permit and the making of such installation.
The applicant for such permit shall, at the time of making the application, pay $30 as a fee to the Director of Building and Planning.
Upon the proper filing of said application and the payment of said fees, the Commissioner of Public Works may issue the permit applied for within three days after the receipt of such application.
The Director of Building and Planning shall maintain such files and promulgate such forms and regulations as are necessary to effectuate the requirements of this article so long as the following provision is used: "The permittee shall have 30 days to remove a double pole following removal of all plants from the pole. Failure to do so may result in penalties as provided by law."
Any public utility that fails to remove its plant from a damaged pole within 15 days of receiving notification from the Department pursuant to § 250-2A 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.
Any public utility that fails to remove its plant from a double pole within 60 days of receiving notification from the Department or its duly authorized agent pursuant to § 250-2B, shall be subject to a civil penalty of $1,000 per full calendar month that the violation continues.
Any public utility that fails to remove a double pole pursuant to the requirements of § 250-2C shall be subject to a civil penalty of $1,000 per month per full calendar month that the violation continues.
If a public utility violates the provisions of this article, the City Corporation Counsel, upon the request of the Department, may commence an action in the name of the City in a court of competent jurisdiction for necessary relief, which may include the imposition of civil penalties as authorized by this article, an order to remove the plant from a damaged utility pole and/or to remove damaged pole or double 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 in a City road right-of-way.
The Commissioner may reduce or waive the penalties set forth in this section if a public utility demonstrates that their failure to comply with the provisions of this law is due to an act of God or other circumstances beyond the control of the public utility.
The Department of Public Works or its duly authorized agent shall, for informational purposes, provide notice to the owner of a damaged or double pole when notification is given to a public utility that their plant must be removed from the pole.