(A) When the Department determines that a utility pole on a county highway, street, road or right- of-way constitutes a dangerous/damaged pole, the Department shall provide written notice to any public utility with a plant on such pole that it must remove its plant from the pole within 7 days of receipt of such notice or be subject to a penalty as provided for in § 92.61. The owner of such dangerous/damaged pole shall remove such pole within 7 days of the removal of the last plant from such pole, including all supporting structures, including, but not limited to, guy wires and anchors, whether located on the public right-of-way or private property. Failure to comply with this provision may result in penalties as provided for in § 92.61. As an alternative, the affected utility may present documentary evidence to the county in the form of a report from a licensed engineer certifying that the plant and/or pole is not a threat to public safety within 5 days from the date of the Department notification. In the event that the Department is satisfied that the plant and/or pole no longer poses a threat to public safety, he shall have the discretion to withdraw the removal notice.
(B) Notwithstanding any provision of this subchapter to the contrary, the Department may extend the time frame of any deadlines provided under this subchapter upon a demonstration of good cause by the utility, taking into account the potential for injury to the public. The public utility shall make a request for an extension in writing to the Department prior to the expiration of the time frame contained in the original written notice, along with the basis for its request. The Department shall determine whether the request for extension should be granted or denied, and provide a written response to the public utility. In such instances where the request is granted, the Department shall issue an amended notice with the new deadline for compliance.
(Ord. 2021-04, passed 10-20-2021)