(A) For certain violations of the provisions of this chapter, the following administrative fines shall be chargeable to the security fund in accordance with the procedures of § 4-2-7-16.
(1) For failure to complete construction and installation of the system in accordance with this chapter, the operator shall be subject to an administrative fine of $1,000 each day or part thereof that the failure continues.
(2) For failure to provide data and reports as requested by any authorized official of the City of Lawrence as required by this chapter, the operator shall be subject to an administrative fine of $50 each day or part thereof that the failure continues.
(3) For failure to comply with the transfer requirements of § 4-2-7-24, the operator shall be subject to an administrative fine of $1,000 each day or part thereof that the failure continues.
(4) For continuing failure after notice by the City of Lawrence to comply with the system and customer service standards of this chapter, the operator shall be subject to an administrative fine of $750 each day or part thereof that the failure continues.
(5) For persistent failure to comply with the reasonable requests as may be made by the City of Lawrence or authorized person pursuant to authority granted by the ordinances of the City, the operator shall be subject to an administrative fine of $750 each day or part thereof that the failure continues.
(B) Recovery of administrative fines shall not excuse nonperformance, and the City of Lawrence may, in addition to recovering the damages, obtain any other relief or apply any other remedy which it may seek under the ordinances of the City, the franchise agreement or otherwise at law or equity. In addition, the City of Lawrence retains all other rights and powers it has by virtue of the ordinances of the City, the franchise agreement or otherwise, including the right to impose civil penalties, and the right to terminate and cancel the franchise and all rights and privileges of the operator in accordance with this chapter or the franchise agreement.
(C) The operator shall not be deemed in violation of the provisions of this chapter where the violation is caused by an event beyond operator’s control such as war, riots, civil disturbance, loss of utility service or facilities, judicial or governmental order, hurricanes, tornadoes, wind, floods or other natural catastrophes or other events beyond an operator’s control, and an operator shall not be penalized for the violation, provided the operator takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible with this chapter under the circumstances without endangering the health, safety and integrity of the public, public streets, public property or private property.
(D) Termination and cancellation may be effected only as specified by ordinance and in accordance with federal, state and local law; however, before the franchise may be terminated and canceled under this section, the operator must be provided with 30 days’ notice and an opportunity to be heard before the Common Council.