(A) In the event of a violation of this subchapter, or any eligible facility permit or special use permit for wireless telecommunications facilities issued pursuant to this subchapter the city may impose and collect, and the holder of the eligible facility permit or special use permit for wireless telecommunications facilities shall pay to the city, fines or penalties as set forth below.
(B) The holder of an eligible facility permit or special use permit for wireless telecommunications facilities failure to comply with provisions of this subchapter shall constitute a violation of this subchapter, and shall subject the applicant to the code enforcement provisions and procedures as provided in § 151.335, and Article 86 of Nebraska Revised Statutes.
(C) Notwithstanding anything in this subchapter the holder of the eligible facility permit or 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 subchapter. An attempt to do so shall subject the holder of the eligible facility permit or special use permit for wireless telecommunications facilities to termination and revocation of the eligible facility permit or special use permit for wireless telecommunications facilities. The city may also seek injunctive relief to prevent the continued violation of this subchapter, without limiting other remedies available to the city.
(Ord. 23-09, passed 8-21-2023) Penalty, see § 151.999