(a) In the event of a violation of this chapter or any special use permit issued pursuant to this chapter, the City may impose and collect, and the holder of the special use permit for wireless telecommunications facilities shall pay to the City, fines or penalties as set forth below.
(b) A special use permit holder's failure to comply with provisions of this chapter shall subject the holder to civil fines as follows:
(1) For the first violation, a fine in the amount of two hundred fifty dollars ($250.00) plus any costs incurred by the City in identifying the violation, including, but not limited to staff time required to identify the violation and/or temporarily or permanently minimize and/or abate the violation.
(2) For second and subsequent violations, a fine in the amount of one thousand dollars ($1,000) plus any costs incurred by the City in identifying the violation, including, but not limited to staff time required to identify the violation and/or temporarily or permanently minimize and/or abate the violation.
(c) Each day that a violation continues to occur shall be considered a separate violation.
(d) Notice of the violation shall be sent in writing by regular mail to the named permit holder at the address on file with the City. The permit holder is required to inform the City within five days of a change of address. Failure to notify the City of a change of address shall be construed against the permit holder for purposes of notification of a violation, and shall not act to minimize the number of days of which the daily fine may apply for any violation.
(e) The notice of violation may contain a provision for curing the violation in a specified time frame, during which time no civil fines shall apply. Failure to comply or request additional time shall be deemed an admission of violation upon the expiration of the specified time frame.
(f) The City Manager shall have the authority to reduce applicable fines upon request of the permit holder.
(g) Notwithstanding anything in this chapter, the holder of the 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 chapter or any section of this chapter. An attempt to do so shall subject the holder of the special use permit to termination and revocation of the special use permit. The City may also seek injunctive relief to prevent the continued violation of this chapter, without limiting other remedies available to the City.
(Ord. 3137. Passed 4-14-14.)