(Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered from Sec. 62.03.3 by Ord. No. 182,237, Eff. 9/28/12.)
I. Any person that violates the City’s Above Ground Specifications and Procedures shall be subject to the monetary fines established by this Section.
II. Failure to Comply: An AGF owner shall be subject to a fine of $500.00 per day, every calendar day for each AGF installation found to be in non-compliance with the AGF Specifications and Procedures. The maximum cumulative fine for noncompliance shall be $10,000 per AGF.
The AGF owner shall be provided written notice that contains the location of the AGF installation, a description of the noncompliance, and a demand to comply within fourteen (14) calendar days of the written notice.
Failure by the AGF owner to take corrective action or respond within fourteen (14) calendar days shall result in the imposition of the fine for non-compliance. The following specific requirements of the AGF Specifications and Procedures shall be subject to the fine:
A. Failure to obtain a valid Utility Permit prior to the installation of an AGF. (Paragraph III, A. & B.)
B. Failure to install an AGF in conformance with the AGF Specifications and Procedures. (Paragraph III, C.)
C. Failure to properly maintain landscaping designed to screen the AGF installation. (Paragraph V, D.)
D. Failure to remove graffiti and posters from AGF cabinets. (Paragraph V, E.)
E. Failure to properly maintain AGF cabinet paint or surface treatment. (Paragraph V, E.)
F. Failure to remove obsolete or unused AGF installations. (Paragraph VIII, H.)
G. Failure to modify, retrofit, or relocate AGF installations that violate pedestrian passage requirements. (Paragraph X, B.)
III. Excessive Non-Compliance: In cases where a specific AGF is found to be non-compliant more than three (3) times, the AGF will be deemed in excessive non-compliance. This determination shall result in the placement of a hold on all current and future Utility, Revocable, and Excavation Permits issued to the AGF owner until corrective action is taken and a revised mitigation plan is approved by the Board of Public Works.