Chapter 8.30
HAZARDOUS PUBLIC UTILITY POLES
Sections:
8.30.040 Council action – Abatement.
8.30.010 Public nuisance.
Any public utility pole in the Town of Wilkeson which now is or may hereafter become dangerous or hazardous to persons or property by reason of age, decay, deterioration, or by any other cause whatsoever, is hereby declared to be a public nuisance. [Ord. 70 § 1, 1938].
8.30.020 Notification.
Whenever the Town Council shall deem that any public utility pole is a nuisance they shall cause the owner of the same to be notified by mail of its condition and specify what must be done to render the same safe, or in the event that such pole cannot be put into a safe condition, such notice shall specify that the same shall be removed; and such notice shall specify a reasonable time for compliance therewith. [Ord. 70 § 2, 1938].
8.30.030 Citation – Hearing.
Upon failure to comply with the notice in WMC 8.30.020 provided the Town Council shall cause a citation to issue to the owner requiring him to appear before the Town Council at a regular or special session on the day and time stated in the citation, and then and there show cause, if any there be, why the pole should not be rendered unsafe or condemned and removed, and any nuisance in relation thereto abated at the cost and expense of the owner; such citation shall be served at least three (3) days prior to the hearing in the same manner as a summons in a civil action; provided, however, that if the owner be a nonresident of the Town of Wilkeson notice shall be served by posting a copy thereof upon the pole and by mailing a like copy to the owner, directed to his last known address, at least (10) days prior to the hearing. [Ord. 70 § 3, 1938].
8.30.040 Council action – Abatement.
At the time of the hearing or continuance thereof, the Town Council shall hear testimony relative to the facts and shall enter written findings thereon; and if any pole is found to be a nuisance as herein defined the Town Council shall order the owner to abate the nuisance; whereupon it shall become the duty of the owner to proceed and continuously to comply with all orders of the Town Council relating to abatement. [Ord. 70 § 4, 1938].
8.30.050 Violation – Penalty.
Any owner failing to abate any nuisance as ordered by the Town Council pursuant to this order shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars ($100.00). [Ord. 70 § 6, 1938].