1149.28 PENALTY.

   (a)   In addition to any other penalties set forth in this Chapter and the remedy of specific performance which may be enforced in a court of competent jurisdiction, the following penalties shall apply.

      (1)   For failure to comply with any other provision of this chapter, the penalty shall be a civil forfeiture, payable to the City, in an amount up to five hundred dollars ($500.00) per day for each day of violation. In addition, for failure to timely comply with a notice by the Mayor or his designee to remove or rearrange Facilities pursuant to Section 1149.06, an additional civil forfeiture equal to any costs incurred by the City as a result of such failure, including but not limited to any penalties or liquidated damages charged the City by its contractors occasioned thereby, shall be imposed.

      (2)   A five percent (5%) late fee, accrued monthly, shall be assessed to all delinquent Right-Of-Way Occupancy Permit fees. Delinquent Permit Fees may result in the denial of future Right-Of-Way work permits.

   (b)    Any Permittee may be excused for violations of this chapter and its Right-Of-Way permit due to force majeure.

(Ord. 11-22. Passed 2-7-22.)