(A) Civil penalties as otherwise allowed under law may be imposed by the city’s Director of Public Works for the violation of any section or provision of this chapter of up to $1,000 for each violation, and each day of a continuing violation may be considered a new offense, subject to the review stipulations contained in this chapter or as otherwise required by federal or state law.
(B) In lieu of, or in addition to, the penalties imposed under division (A) above, the city’s Director of Public Works may also declare a default, deny or revoke any or all permits granted to allow construction in the right-of-way where the violation is imposed, subject to the review stipulations contained in this chapter or as otherwise required by federal or state law.
(C) Failure or refusal to pay a civil penalty or penalties or to file for review by the City Council as set forth herein within 45 calendar days after receiving written notice by the city’s Director of Public Works of a violation may result in an order by the city’s Director of Public Works that the party failing or refusing to make payment is prohibited from operating or using the right-of-way where the violation is imposed unless and until payment of the civil penalty or penalties is satisfied.
(D) In imposing penalties and their amounts, the city may weigh all applicable or relevant factors, including, but not limited to, damage or destruction caused by a violation, reasons for the violation, seriousness of the violation and any other applicable or relevant factors.
(E) In addition to the penalties set forth in this chapter, the City Council may order specific performance of any actions required by this chapter, a franchise, license, other agreement or authorization, or permit, including a permit authorizing work to be performed in the right-of-way.
(Ord. 131101, passed 11-23-2013)