§ 112.99 PENALTY.

   Should it be found, after conducting the hearing and appeal procedure set forth below, that the grantee is in violation of the terms of this chapter, the penalties chargeable shall be as follows:

   (A)   For failure to complete construction and installation of the system or provide service in accordance with this chapter, or to remove facilities and equipment as required in § 112.14, the grantee shall forfeit $500 per day or part thereof that the violation continues unless the Council specifically approves the exception by resolution;

   (B)   For failure to provide or maintain data and reports as requested by the village or as required in §§ 112.07, 112.12 and 112.17, the grantee shall forfeit $100 per day or part thereof that the violation continues after notification by the village;

   (C)   For failure to comply with the operational standards following the Council’s resolution directing grantee to make improvements pursuant to § 112.11, the grantee shall forfeit $200 per day or part thereof that the violation continues;

   (D)   For failure to comply with the terms and conditions of § 112.12, the grantee shall forfeit $100 per day or part thereof that the violation continues;

   (E)   For persistent failure to comply with such reasonable requests and recommendations as may be made by the village pursuant to authority granted by this chapter, the grantee shall forfeit $100 per day or part thereof that the violation continues;

   (F)   In the case of a bona-fide dispute regarding compliance, the grantee may request a hearing before the Director of Administration within 30 days after notification of noncompliance and penalty by the village. No action may be taken until a prior hearing with an opportunity to be heard has been conducted. At such hearing, all parties may give evidence, and the merits of the dispute will be decided;

   (G)   The Director of Administration shall make public his or her decision, along with a statement reciting the basis therefore. Within 30 days, the grantee may appeal to Council, in writing, the decision rendered by the Director of Administration. At the appeal hearing the grantee may contest the finding of fact or interpretation of controlling law, at which time the Council may affirm, reject or modify the decision of the Director of Administration. The affirmation, rejection or modification of said decision by the Council shall be a final, appealable order; and

   (H)   The rights reserved to the village with respect to penalties and the above described hearing and appeal process are in addition to all other rights of the village, whether reserved by negotiation with the grantee or authorized by law.

(Ord. 28-1986, passed 11-17-1986)