§ 98.16 FORECLOSURE AND RECEIVERSHIP.

   (A)   Upon the foreclosure or other judicial sale of the permittee's facilities located within the right-of-way, the permittee shall notify the City Manager of such fact and its permit shall be deemed void and of no further force and effect.

   (B)   The city shall have the right to revoke, pursuant to the provisions of § 98.13 any right-of-way permit granted pursuant to this chapter, subject to any applicable provisions of law, including the Bankruptcy Act, 120 days after the appointment of a receiver or trustee to take over and conduct the business of the permittee, whether in receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, or unless:

      (1)   Within 120 days after his election or appointment, such receiver or trustee shall leave fully complied with all the provisions of the relevant right-of-way permit and of this chapter and remedied all defaults thereunder; and,

      (2)   Such receiver or trustee, within said 120 days, shall have executed an agreement, duly approved by the Court having jurisdiction in the premises, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of the relevant right-of-way permit and this chapter.

(Ord. 152-97, passed 12-15-97)

§ 98.17 NON-ENFORCEMENT AND WAIVERS BY CITY.

   The permittee shall not be relieved of its obligation to comply with any of the provisions of its right-of-way permit or this chapter by reason of any failure of the city or to enforce prompt compliance.

(Ord. 152-97, passed 12-15-97)

§ 98.18 CAPTIONS.

   The captions and headings in this chapter are for convenience and reference purposes only and shall not affect in any way the meaning of interpretation of this chapter.

(Ord. 152-97, passed 12-15-97)

§ 98.99 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)   Any person or permittee violating §§ 98.03(A) or 98.12(A), or failing to pay when due any forfeiture imposed pursuant to § 98.99(A)(2), shall be guilty of a misdemeanor of the fourth degree. Each day such violation continues shall be deemed a separate offense.

      (2)   For failure to comply with any other provision of this chapter, the penalty shall be a civil forfeiture, payable to the city, in the amount of $500 per day for each day of violation. In addition, for failure to timely comply with a notice by the City Manager to remove or rearrange facilities pursuant to § 98.06(A)(4), 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 charged the city by its contractors occasioned thereby, shall be imposed.

   (B)   Any permittee may be excused for violations of this chapter and its right-of-way permit due to Force Majeure.

(Ord. 152-97, passed 12-15-97)