§ 103.99  PENALTY.
   A contractor or subcontractor who knowingly or willfully fails to pay the rate of wages and fringe benefits determined under this chapter shall be fined not less than $1,000 for each violation for each day the violation continues, plus payment of attorney’s fees and cost incurred in enforcing this chapter.  Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be fined as such.  The enforcement action shall be initiated by the City Attorney or by the affected employee(s) or the employee’s representative(s). Likewise, any failure to supply the certified payroll shall result in a $1,000 per day fine, plus attorney’s fees and costs and shall be enforced through a lawsuit initiated by the City Attorney or by the person or organization requesting to see the certified payroll. Additionally, if there are public monies still to be paid out at the time it is determined that the proper wage and fringe benefits are not being paid or the certified payroll is not being submitted as required, then the public monies shall be held in reserve until the contractor or subcontractor comes into compliance with the requirements of this chapter.
(Prior Code, § 103.99)  (Ord. 7396, passed 7-22-1991; Am. Ord. 8370, passed 8-13-2001)