(A) In the event of a violation of this chapter or any special use permit issued pursuant to this chapter, the Council may impose and collect, and the holder of the special use permit for wireless telecommunications facilities shall pay to the city, fines or penalties as set forth below.
(B) A violation of this chapter is hereby punishable by a fine not exceeding $350 for a first offense; a second violation of this chapter committed within a period of five years is punishable by a fine of not less than $350 nor more than $700; upon the holder of a special use permit violating this chapter a third or subsequent violation, all of which is are committed within a period of five years, such third or subsequent violation shall be punishable by a fine of not less than $700 nor more than $1,000. Each week's continued violation of this chapter shall constitute a separate additional violation.
(C) Notwithstanding anything in this chapter, the holder of a special use permit for wireless telecommunications facilities may not use the payment of fines, liquidated damages or other penalties, to evade or avoid compliance with this chapter or any section of this chapter. An attempt to do so shall subject the holder of this special use permit to termination and revocation of the special use permit. The city may also seek injunctive relief to prevent the continued violation of this section, without limiting other remedies available to the city.
(Ord. 2002-01, passed 2-13-02)