(A) Nothing in this chapter shall affect or limit the remedies the city has available under applicable law. In addition to any other remedies available at law, including but not limited to F.S. § 166.0415 (municipalities) and F.S. Chapter 162 (municipalities and counties), or equity or provided in this section, the city may apply any one or combination of the following remedies in the event a registrant violates this chapter, or applicable local law or order related to the public rights-of-way.
(B) In addition to the city's ability to terminate a registration pursuant to this chapter or to deny, suspend or revoke permits, the failure to comply with the provisions of this chapter or other law applicable to occupants of the public rights-of-way may result in imposition of penalties to be paid by the responsible person to the city in an amount of not less than $100 per day or part thereof that the violation continues. A registrant's or person's failure to obtain a permit before commencing work, except where a permit is not required pursuant to this chapter, may result in imposition of penalties to be paid to the city in an amount of not less than $1,000 or maximum amount allowed under applicable law, per day or part thereof that the violation continues.
(C) In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction.
(D) Before imposing a fine, the city shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the person shall have 30 days to either:
(1) Cure the violation to the city's satisfaction, and the city shall make good faith reasonable efforts to assist in resolving the violation; or
(2) File an appeal with the city to contest the alleged violation pursuant to this section, which shall govern such appeal. If no appeal is filed and if the violation is not cured within the 30 day period, the city may collect all fines owed, beginning with the first day of the violation, through any means allowed by law.
(E) In determining which remedy or remedies are appropriate, the city or code enforcement officer shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required to prevent further violations, and such other matters as the city or code enforcement special magistrate determines are appropriate to the public interest.
(F) Failure of the city to enforce any requirements of this chapter shall not constitute a waiver of the city's right to enforce that violation or subsequent violations of the same type, or to seek appropriate enforcement remedies.
(G) In any proceeding before the city where there exists an issue with respect to a registrant's performance of its obligations pursuant to this chapter, the registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms and conditions of this chapter. The city may find a registrant that does not demonstrate compliance with the terms and conditions of this chapter in default and apply any one or combination of the remedies otherwise authorized by this section.
(H) Force majeure. In the event a registrant's performance of or compliance with any of the provisions of this chapter is prevented by a force majeure cause or event not within the registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result, provided however that such registrant uses all practicable means to cure or correct any such inability to comply expeditiously.
(Ord. O-2020-14, passed 10-7-20)