§ 111.08 ENFORCEMENT.
   (A)   Enforcement procedures.
      (1)   If CCRC determines that a franchisee has failed to perform any obligation under the franchise or has failed to perform in a timely manner, CCRC may make a written demand on the franchisee that it remedy the violation. If the violation is not remedied or in the process of being remedied to the satisfaction of CCRC within a reasonable time period following the demand, CCRC may:
         (a)   Assess against the franchisee monetary damages as provided in the franchise agreement;
         (b)   Issue a civil citation and impose a penalty not to exceed $1,000, pursuant to the provisions of § 3-811 of the Code of Public Local Laws;
         (c)   Assess and withdraw the amounts specified above from the franchisee’s performance bond or other applicable security instrument;
         (d)   Revoke the franchise as provided in the franchise agreement; or
         (e)   Pursue any legal or equitable remedy available under the franchise or any applicable law.
      (2)   Remedies available to CCRC for franchise violations under this chapter and under a franchise agreement shall be construed, except as otherwise provided in this chapter, as cumulative and not alternative.
      (3)   If civil penalties are assessed against a franchisee under this section, the franchisee is not subject to liquidated damages payable to CCRC for the same violation. If liquidated damages payable to CCRC are assessed against a franchisee, the franchisee is not subject to civil penalties under this section for the same violation. If CCRC seeks actual damages for any violation, any civil penalties or liquidated damages recovered by CCRC for the same violation, including civil penalties or liquidated damages for partial time periods included in a longer time period for which actual damages are sought, shall be offset against any actual damages recovered by CCRC.
      (4)   A franchisee shall pay civil penalties or liquidated damages within 30 days after receipt of notice from CCRC.
      (5)   The filing of an appeal to any regulatory body or court does not stay or release the obligations of a franchisee under the franchise agreement and applicable law.
   (B)   No waiver.
      (1)   An assessment of liquidated damages or civil penalties does not constitute a waiver by CCRC or the franchisors of any other right or remedy they may have under the franchise or applicable law, including the right to recover from the franchisee any additional damages, losses, costs, and expenses, including actual attorney fees that were incurred by the franchisors or CCRC by reason of or arising out of the violation.
      (2)   However, CCRC’s election of liquidated damages under the franchise agreement shall take the place of any right to obtain actual damages over and above the payment of any amounts otherwise due.
      (3)   This provision may not be construed to prevent CCRC from electing to seek actual damages for a continuing violation if it has imposed civil penalties or liquidated damages for an earlier partial time period for the same violation, subject to the offset specified in division (A)(3) above.
(2004 Code, § 93-8) (Ord. 41, passed 4-28-1983; Ord. 08-10, passed 12-18-2008)