Different approach to the problem of double poles

[smoterh.livejournal.com]

There are several double poles in my hood and I they piss me off.



According to G. L. c. 164, § 34B , a utility company has the obligation to remove the double pole within 90 days. If it doesn't it technically is in breach of the statute.

According to the small claims court of Massachusetts I can bring a claim "for amounts sought for damages, for multiple damages or statutory penalties,..."

If I understand this correctly, me (an individual) can sue a company in a small claims court for breaking the law (statutory penalty) even if I didn't incur any damages.

Perhaps this is a way to get rid of double poles in our fair city, and maybe even pocket some cash.

Talk amongst yourselves

Comments

[ruxxell.livejournal.com]

boo fucking hoo.

[pierceheart.livejournal.com]

Douchebag much?

[kpht.livejournal.com]

lol

[balsamicdragon.livejournal.com]

Disclaimer: while I am a lawyer, I have not researched the law in this particular situation, nor have I had my coffee yet, so these are just some general thoughts.

Not all statutes provide a right of private action. Some statutes have laws that can only be enforced by the state, for example the attorney general can sue a utility for breaking the law. I don't know whether this law provides a right of private action, but I would _suspect_ (having done no actual research mind you) that you would at least have to show that you were being personally harmed in some way by the presence of the double pole.

Small claims court does allow for statutory penalties, but only in cases where you have a right of private action under the statute.

[smoterh.livejournal.com]

This is very insightful. Thanks for sharing your opinion.

[yakshaver.livejournal.com]

Before going to court, I'd call 311. And (depending on whether they tell you there's nothing the city can do, and you need to call <insert State agency here>), I'd put a poster on the double pole citing the statute, pointing out how long the pole has been there, and suggesting to your neighbors that if they too are annoyed by it, they should call 311 (or whatever) too.

[hrafn.livejournal.com]

Maybe the City could sue, get some cash, and ease the fuck up on idiotic parking regulations.

Is your hood Leipzig?

[nvidia99999.livejournal.com]

Just checking...

Re: Is your hood Leipzig?

[smoterh.livejournal.com]

For the next 2 weeks it is. But typically it's magoun sq area.

[ad-lib.livejournal.com]

what are double poles?

[smoterh.livejournal.com]

stanislaw and zbigniew

[ron_newman]

<golf_clap>

[ad-lib.livejournal.com]

lol. took me a second...

[ron_newman]

Two utility poles right next to each other, sometimes lashed together, sometimes with just a fragment of one pole remaining up in the air.

[ad-lib.livejournal.com]

ok, that's what i assumed they were.

why is this something to be pissed off about and create a lawsuit for?

[ron_newman]

They don't bother me that much and I would never file such a lawsuit, but sometimes one of the poles is substantially listing and looks like a hazard that could blow down in a storm.

[mderidder.livejournal.com]

Sometimes they block a portion of the sidewalk. For example, there's a double pole on the corner of Tenneyson and Forster that is two full poles, held next to each other, but not touching with some wooden bracing. Been there for years.

[ringrose.livejournal.com]

If a double pole bothered me, I'd probably go to the city website to report it, including a picture from my phone. I've had very good luck getting responses when I report something there and I have something to refer to if there isn't a response, unlike with a call to 311.

For the ones which have been doubled a long time, they probably just fell off someone's radar and a reminder will suffice.


I am not a lawyer, nor do I play one on TV.
My guess is that the law is actually set up to give the city leverage over the utilities, and trying to abuse it to get personal money isn't going to go over well unless you've been harmed. As for the city using it as a revenue source, you would need to compare the money spent against the money retrieved. And there is the potential for a very simple result: less (or slower) maintenance, which leads to more problems.

What puzzles me is...

[nvidia99999.livejournal.com]

That someone who lives here would get so pissed off about this to start a lawsuit.. WHILE IN GERMANY! Whatever...

Re: What puzzles me is...

[smoterh.livejournal.com]

i get bored here at work just the same. and lj is in my daily routine... so why not?

also the fact that utility poles and exposed utility lines are generally thought of as a 3rd world country relic here in "zee europe" and are rarely found making the cities much more appealing.

Re: What puzzles me is...

[sunshineyellow.livejournal.com]

Europe also had to rebuild everything from scratch in the 50s. If you want to bomb America to rubble, I'm sure whatever rises from the ashes will certainly underground its lines.

Re: What puzzles me is...

[smoterh.livejournal.com]

actually many cities were not even damaged at all during the war (zurich, amsterdam, even cracow, and many others). The only cities that saw complete devastation were Warsaw and Dresden.

Re: What puzzles me is...

[maelithil.livejournal.com]

No, it really didn't. Not even for the purposes of hyperbole.

withold permits

[artguychris.livejournal.com]

Several years ago former Mayor Kelley-Gay stopped issuing permits to the offending utilities until they started cleaning up double poles. If it's a widespread problem, perhaps the city can try that again.

I'd start with a call to 311 and see where that gets you.

PS. Just got the double pole joke.

[xuth.livejournal.com]

In many places they actually stick out into the road. Where I lived in arlington a car hit one last year and removed a section of it. Despite the jagged mess that the previous pole became at head level, it's still there. I had no idea that they were required to be removed within 90 days.