Fillmore Municipal Code Ch. 11.08 Poles, Wires, Fences and Pipelines

Whenever it appears to the city council that the removal or relocation of any pole, anchor, crossarm, wire, street lamp, fence, pipeline or other fixture, appliance or structure, owned or controlled by any person, firm or corporation, and located in, upon, over or under any public street or public place of the city, is necessary, then the city council shall give notice in writing to the person, firm or corporation owning or controlling the pole, pipeline, fence or other property or obstruction, located as aforesaid, to remove or relocate the same. Such notice shall state the number and location of the poles, anchors, crossarms, wire, street lamps, pipelines, fences or other fixture, appliance or structure, to be removed or relocated, and when relocation of any such structures or appliances is required in such notice, then such notice shall designate the location in, upon, over or under any such public street or other public place to which the same shall be removed; and it shall be the duty of such person, firm or corporation to begin, within five days after the giving of such notice the work of removing or relocating the poles, anchors, crossarms, wires, street lamps, fences, pipelines or other fixtures, appliances or structures, designated in such notice, and to prosecute such work diligently to completion.

(Ord. 31 § 1, 1917)

It is unlawful for any person, firm, or corporation owning or controlling any of the fixtures, appliances, structures or obstructions mentioned in Section 11.08.010, located in, upon, over or under any public street or any other public place in the city, to fail or refuse to begin the work of removing or relocating such fixture, appliance, structure or obstruction within five days after receiving notice in writing from the city council so to do, as provided in this section.

(Ord. 31 § 2, 1917)

It is unlawful for any person, firm or corporation owning or controlling any of the fixtures, appliances, structures or obstructions mentioned in Section 11.08.010, located in, upon, over or under any public street or other public place in the city to neglect or refuse, after five days' notice in writing from the city council to said person, firm or corporation, as provided in Section 11.08.020 to remove or relocate any such fixture, appliance, structure or obstruction, to diligently prosecute such removing or relocating to completion.

(Ord. 31 § 3, 1917)

The city council shall have power to remove or relocate any of the fixtures, appliances, structures or obstructions mentioned in Section 11.08.010, owned and controlled by any person, firm or corporation, in a public street or public place in the city where such person, firm or corporation fails within five days after receipt of notice as aforesaid to begin the work of removing or relocating or fails to diligently prosecute such work to completion and the cost of such removal or relocation shall be charged to such person, firm or corporation owning or controlling any such fixture, appliance, structure or obstruction.

(Ord. 31 § 5, 1917)

No person, firm, or corporation shall place or cause to be placed in, on, over, or under any public property within the city, including but not limited to streets, parkways, alleyways, and public easements, any wire, coaxial cable, pole, other structure, or device for the purpose of radio or television reception or transmission, or to aid or assist in such reception or transmission without first having applied for and received from the city council a permit so to do.

(Ord. 241 § 1, 1954)

All such applications for such permits shall be in writing and shall be accompanied by a diagram showing the proposed method of installation and a map or plot plan showing the proposed location of such wire, coaxial cable, pole, other structure, or device. No application shall be considered by the city council unless the same is accompanied by a fee in the amount of five dollars.

(Ord. 241 § 2, 1954)

After considering the application and the proposed method of installation and the proposed location of such wires, coaxial cable, pole, other structure, or device, the city council may issue or cause to be issued a permit authorizing the installation of wires, coaxial cables, poles, other structures, or devices in, on, over, or under any public property, for the purpose of radio or television reception or transmission, or to aid or assist in such reception or transmission, provided that such proposed use will not in the opinion of the city council cause any substantial interference with the primary use of the public property, nor constitute a menace or hazard to the public health, safety, or welfare. In order that the public interests may be protected, any permit issued in accordance with the provisions of this ordinance shall be upon such terms and conditions as the city council may from time to time require.

(Ord. 241 § 3, 1954)

Any permit granted under this chapter may be terminated by the city council at any time and without notice if, in the opinion of the city council, any equipment erected or installed in the city by any permittee under this chapter constitutes an immediate menace, danger or hazard to the public health, safety or welfare. In all other respects, no permit shall be terminated unless and until the city council serves or causes to be served, by mail or personal service, upon the permittee, a written notice of its intention so to do. The notice shall be served upon the permittee not less than sixty days prior to date of termination. When any permit is terminated in accordance with the provisions of this chapter, all equipment owned by or under the control of the permittee, located in, on, over or under any public property in the city, shall be removed therefrom within thirty days from the date of termination. If permittee fails to remove the equipment within the period of time, the same may be removed by the city at the cost and expense of permittee.

(Ord. 241 § 4, 1954)

The term of any permit granted under this chapter shall be indeterminate from and after the date of granting. No exclusive permit shall be granted under this chapter.

(Ord. 241 § 5, 1954)