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A. Permit Required; Application: It shall be unlawful for any person, association, corporation or company to make or cause to be made any excavations in any of the streets, avenues, alleys or any public grounds within the city, for the purpose of erecting or placing any telegraph, telephone, electric light or other light pole or poles to be used for any light purposes, or to erect any poles therein without first making application to the city council for a permit to do the same 1 . Such application shall show the location of such poles when erected and the location of such poles shall be in all cases made under the supervision of the city engineer, the city superintendent or the city council. (Ord. 15.36; amd. Ord. 2.32)
B. Existing Poles; Compliance Required: Any such poles erected prior to the effective date hereof shall take the same status as if the same had not been erected, and the owner of such poles shall be immediately served with a copy of this section by registered mail. Such owner shall, within three (3) days after receiving a copy of said section, make application to the city council for a permit for the location of such poles, as provided in subsection A of this section.
C. Noncompliance; Removal Of Poles: Any such poles erected without receiving a permit, or any such poles remaining in the streets, avenues, alleys or other public grounds within five (5) days after the effective date hereof without the permission of the city council, are hereby declared to be a nuisance. It is hereby made the duty of the chief of police to at once give the party responsible therefor written notice requiring him to forthwith remove the same; and, unless such parties shall begin removal of the same within five (5) days of receipt of such notice and have the same removed within thirty (30) days, it shall be the duty of the chief of police to proceed to remove the same and report the cost thereof to the city judge who shall tax the same as costs in a judgment of confession and collect the same as any other costs are collected. (Ord. 15.36)
1. See also section 8-3-3 of this title for excavation permit requirement.