.010 It shall be unlawful for any Person to construct, install, or erect Overhead Facilities in the City of Anaheim except as otherwise provided for in Section 17.24.070.
.020 Whenever the Council, by resolution, creates an Underground Utility District, then except as otherwise provided for in Section 17.24.070, it shall be unlawful for any Person to keep, maintain, continue, or replace Overhead Facilities in the Underground Utility District more than 12 months after the Department gives written notice that conduit systems have been completed.
.030 It shall be unlawful for any Person to violate any provision of this Chapter or to fail to comply with any of the requirements of this Chapter. Any person violating any provision of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor, which is punishable as provided in Section 1.01.370. In addition, any violation of this Chapter 17.24 is subject to civil fines in accordance with Chapter 1.20 (Civil Citations).
.0301 The City may issue a civil citation for any violation of this Chapter until the violation is cured, as follows:
(1) First offense – a two hundred dollar ($200) fine for each day;
(2) Second offense – a five hundred dollar ($500) fine for each day;
(3) Third and subsequent offenses – a thousand dollar ($1,000) fine for each day.
.0302 The Community Preservation Manager and each of their deputies, in consultation with the Public Utilities Department, shall have the duty and authority to enforce this Chapter as set forth in Section 1.01.389 (Enforcement of the Code – Community Preservation Manager – Inspections and Reinspections – Fees) of this Code.
.040 After the City removes Overhead Facilities from utility poles within Underground Utility Districts, the City no longer inspects or maintains those utility poles. Utility poles that are within an Underground Utility District and that are not subject to City inspection or maintenance are the responsibility of the Person or Persons with Overhead Facilities located on those poles. Over time, such utility poles that are not City-inspected or City-maintained may degrade to the point where they become a hazard to the public health, safety, and welfare of those in the vicinity of the utility poles. Therefore, such utility poles shall constitute a public nuisance and a potential hazard to the health, safety, and welfare of the general public. Pursuant to Section 6.44.040, poles deemed in this Chapter to be a public nuisance shall be abated in accordance with the procedures set forth in Chapter 6.44.
.050 All remedies prescribed by this Chapter or any other provisions of law and the use of one or more remedies by the City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this Chapter. (Ord. 5281 § 1 (part); January 14, 1992: Ord. 6416 § 3 (part); August 15, 2017: Ord. 6592 § 1 (part); October 29, 2024.)