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Home My WebLink About109 of 1980 - Amending section 41-8-2 relating to permit required for erection of poles, and adding section 41-5-2 SALT LAKE CITY ORDINANCE No. 109 of 1980 (Facilities in the Public Way) AN ORDINANCE AMENDING SECTION 41-8-2 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, AND ADOPTING A NEW SECTION 41-5-24 TO SAID ORDINANCES RELATING TO STRUCTURES AND FACILITIES LOCATED IN THE PUBLIC WAY. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 41-8-2 of the Revised Ordinances of Salt Lake City, Utah, 1965, is hereby amended to read as follows: 41-8-2. Permit required for erection of poles. It shall be unlawful for any person to set or erect in or on any public street, alley or way of Salt Lake City, or in or on any public ground within said city or of said city, any pole or poles for any purpose, without first having procured from the City Engineer a permit therefor. The City Engineer may issue a permit for the location of poles referred to in this chapter, which permit shall be issued if the poles and structures contemplated are in conformity in type, size and condition with other poles and structures in the general area. The City Engineer may at any time any street, alley or way is about to be paved or otherwise improved, require all persons maintaining poles in the center of or adjacent to such street, alley or way to remove or relocate the same to conform said poles to plans for improvement of the area. SECTION 2. That a new Section 41-5-24 of the Revised Ordinances of Salt Lake City, Utah, 1965, is hereby added to read as follows: 41-5-24. Structures and Facilities in the Public Way. The City Engineer may direct any person owning or maintaining facilities or structures in a public way to alter, modify or relocate such facilities or structures as the engineer may require. Sewers, pipes, drains, tunnels, conduits, vaults, and 109 overhead and underground gas, electric, telephone and communication facilities shall specifically be subject to such directives. Any directive by the City Engineer shall be based upon one of the following grounds: 1. The facility or structure was installed, erected or is being maintained contrary to law; 2. The facility or structure constitutes a nuisance as defined under state statute or city ordinance. (This section shall not, however, be deemed to diminish the vehicle impound authority of the police department under Section 284 of the city traffic code.) 3. The authority under which the facility or structure was installed has expired or has been revoked. 4. The facility or structure is not in conformity with public improvements proposed for the area; or 5. The public way is about to be repaired or improved and such facilities or structures may pose a hindrance to construction. Any person owning or maintaining facilities or structures in the public way who fails to alter, modify or relocate such facilities or structures upon notice to do so by the City Engineer shall be guilty of a misdemeanor. All costs of alteration, modification or relocation shall be borne by the person owning or maintaining the facilities or structures involved. SECTION 2. This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 21st day of October , 1980. C IRMAN ATTEST: CITY RECORDS TK -2- 1(D9 Transmitted to Mayor on October 21, 1980 Mayor's Action: •4r°, 'A' MAYO' ATTEST: CITY RECORDEj77 (SEAL) l// BILL NO. 109 of 1980 Published October 30, 1980 -322- 1/ 9 Affidavit of Publication STATE OF UTAH, ss. County of Salt Lake SALT LAKE CITY ORblMAMCE Shana D. Conaty Me.IM of II. (Facilities In NM Public Way) AN ORDINANCE AMENDING SECTION 41-8-2 OF THE REVISED ORDINANCES OF SALT LAKE CITY,UTAH,1965, AND ADOPTING.A NEW SECTION 41-5-24 TO SAID ORDI- NANCES RELATING TO STRUCTURES AND FACILITIES Beingfirst dulysworn,deposes and says that he is legal LOCATED IN THE PUBLIC WAY, A Y Be It ordained by the City Cotter!!of Salt lake City,Utah: SECTION 1.That Section/1a2 al the Revised Ordinances advertising clerk of the DESERET NEWS, a daily of Sall Lake City,Utah,19A2.Is hereby amended to read as follows: (except Sunday) newspaper printed in the English e184.Permit reCtlked for erection of toles.It shall be unlawful for any Nei le sat or erect in or mYnt'Welk language with general circulation in Utah, and street,alley or w v. Salt Lake CI In or on any oubllc yr«ma wlmin'al a of,a'd o'IKN,anyer„ '1"ro. published in Salt Lake City, Salt Lake County, in the Ena rwithomit u :first haying procur from the City t- The City Ethoneer may las.a permit for the location of State of Utah. N s referred to In this chapter,which Permit shell be issued poles the Roles and structures contemplated are in conformlW In type,size and caMitlon with enter poles and structures In the general area. time any street;alley or That the legal notice of which a copy is attached hereto TheCityE glnear may at way is about-to-tie paved or otherwise insures.require all Persons maintaining poles In the center of or adlacerd to such areet,alleyorwayyto remove or relocate tlhesame to conform. Pub notice of Ordinance #109 of 1980 said p0oqles to plans tor imyrovement of,4 area. OrdinancTenGN of SaltLake City,Ut a new Uttaah,1965.isa of the hereby added to read as follows: 41-5-2e.Structures and Facilities In the Public Way The City orelr aniltoea, dnPacliies struceer tures public way alter,or oee fe such(.11111es or slructores as tie engineer may require. Sewers,pipes,drains.tunnels,conduits,vaults,end ove,t,ead fnd undergyround R ph as,,electric,telephone and communication acilities shall,tpeclflcally be sublet In such directives.Any dIrective by the CIN Engineer shall to-besed upon one of the following grounds: 1,The faclllhe:or ahuclure was Installed,erected or Is being maintained contrary te te . h .If iumneHhrles a nulance as de- lined under stato'itafWe or city-ordlnence.(This section shalt not,however,be to diminish the vehicle Impound tr IcfyEof)the: ce daparimont under Section 294 of the city aldsxprledohenbeodrdry or structure was Installed authority r be.revoked. Oct. 30, 1980 e.The facility or structure Is not In cenfarmlty with public was published in said newspaper on improvements hpublic owy s bo t to be or or Improved end such facilities or structures may pose a hindrance to construc- tion. Any person owning or maintaining facilities or structures l \ !.\ in the public way who falls to alter,modify or relocate such 1 I, -- - - facilities or structures upon notice to do so by the GIN Engi- neer , ' shell be guiltyrelocation at a Shall bearer.All costs W alteration. I�\ y. 1 \, (�)�, ification or relocation shall be borne by the person owning 'ntaining the facilities or structures involved. Legal Advertising ark or SECTION 2.This ordinance shall take effect upon its first publication: Passed by the City Council of Salt Lake City.Utah,this 21st day of October,1980. RONALD J.WHITEHEAD CHAIRMAN dayof ATTEST )re me this lath MILDRED V.HIGHAM - CITY RECORDER Transmitted to Mavor on October 21,19e0 A.D. 1980 Mayor's Action: TED L.MAYORWILSON ATTEST: MILDRED V.HIGHAM L CITY RECORDER e / (SEA N'O Ion o119e0 I Published October 20,19e0 o-s Notary Public My Commission Expires Feb. 11, 1982 109