[HISTORY: Adopted by the Common Council of the City of Cohoes
as indicated in article histories. Amendments noted where applicable.]
[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.
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.
Any corporation, authority or other entity that provides
electric, telephone, cable television or other telecommunications
service to the residents of the City of Cohoes.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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."
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
