§ 390-11.1. Utility poles; removal; failure to comply., Article I. Openings and Excavations, Chapter 390. Streets and Sidewalks, Part II. General Legislation, Code of Ordinances, Walnutport

A utility pole installed within any Borough right-of-way shall be removed by the current owner of the utility pole when said utility pole is no longer in use, has been damaged beyond repair and/or is being replaced with a new utility pole. The utility pole shall be removed within 90 days form the date it is no longer in use.

Any owner of a new utility pole or replacement utility pole to be installed within the Borough right-of-way shall notify the Borough of the intended installation and shall obtain a permit from the Borough of Walnutport prior to installation of said new or replacement utility pole.

Any owner, who is of a utility pole which is to be removed who fails to comply with any notice or order to remove an unused utility pole or who violates any of the other provisions of this article shall upon conviction before a Magisterial District Judge, be subject to a fine of not less than $100 nor more than $1,000, plus costs, and in default of payment of the fine and costs shall be subject to imprisonment for a period not to exceed 90 days. Each day of a violation shall be considered a separate violation and offense.

Any owner of a utility pole who shall fail to comply with any notice of order to remove a utility pole within 90 days of the receipt of such notice, by such failure does empower the Borough to cause such utility pole to be removed by the Borough and to cause the costs of such removal together with a penalty of 10%, to be charged to the owner and to recover such costs and penalty in a suit at law against the owner or owners but failing to recover same to have the judgment therefore to be charged upon any land of owner as a lien. This remedy is separate from, and in addition to the fine, penalty and costs which may be imposed by any other subsection of this Section.

Editor's Note: This ordinance was adopted as § 390-12 but was renumbered as § 390-11.1 to preserve the organization of the streets and sidewalks chapter.