[Amended 8-17-2010 by L.L. No. 13-2010, effective 8-25-2010]
A.
No person,
firm or corporation shall change or alter the grade of any Town highway
or of any sidewalk upon or in a Town highway of the Town of Brookhaven
nor in any manner alter or change the line or height of any curb in
any Town highway in said Town nor open the surface of any Town highway
of the Town of Brookhaven nor make any excavation under the surface
thereof for any purpose nor place or erect any pole for any purpose
in or upon any Town highway of said Town nor alter or change the location
of any existing pole in any Town highway of said Town without first
having obtained the written consent of the Town Superintendent of
Highways.
B.
No person,
firm or corporation shall install a new or replacement utility pole
directly next to or in close proximity to an existing damaged utility
pole in or upon any Town highway or right-of-way, or adjacent to any
Town highway or right-of-way, without removing the existing damaged
utility pole.
The Town Superintendent of Highways shall not give his written consent that any act or acts set forth in § 38-1 be performed unless there shall have been furnished by the applicant a sufficient indemnity or performance bond as determined by the Superintendent of Highways as a condition precedent thereto. Said bond or indemnity shall be for a reasonable amount and may cover one or more than one of the acts specified in § 38-1 of this article, and said bond or indemnity may cover any period of time necessary to include the accomplishment of one or more of the aforesaid acts, all as shall be determined by the Town Superintendent of Highways. The approval of the Superintendent of Highways as to amount, form, manner of execution and sufficiency of surety or sureties shall be endorsed on said bond before it shall be filed in the Town Clerk's office, and said bond shall be so filed before said consent shall be effective.
[Added 3-12-2013 by L.L. No. 10-2013, effective 3-22-2013]
When the Superintendent of Highways, or his/her designee, determines that a utility pole in a highway or right-of-way is damaged and/or a double pole or plant, the Superintendent, or his/her designee, shall notify the utility that owns or operates the pole that it must remove said pole within 60 days of written notice or be subject to the penalty contained in § 38-2 below.
[Amended 3-12-2013 by L.L. No. 10-2013, effective 3-22-2013]
A.
Any person, firm, corporation or public utility convicted of a violation of the provisions of § 38-1, 38-1.1 or 38-1.2 shall be guilty of a violation, for a first conviction, punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or both; and a misdemeanor, for a second or subsequent conviction, punishable by a fine not exceeding $500 or by imprisonment for not less than 15 days nor more than 30 days, or both.
[Amended 6-26-2018 by L.L. No. 14-2018, effective 7-9-2018]
B.
Any person,
firm or corporation or public utility that violates this article and
fails to remove its damaged and/or double pole 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 thirty-day
period that the violation continues shall be deemed a separate violation.
C.
If a person,
firm or corporation or public utility violates the provisions of this
article and fails to remove its damaged and/or double pole or plant
from a damaged pole in accordance with the provisions of this article,
the Town Attorney may commence an action in the name of the Town of
Brookhaven 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 pole 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.
