§ 1026.99 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 §§ 1026.03(a) or 1026.12(b), or failing to pay when due any forfeiture imposed pursuant to division (a)(2) below, 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 village, in the amount of $500 per day for each day of violation. In addition, for failure to timely comply with a notice by the Administrator to remove or rearrange facilities pursuant to § 1026.06(a)(4), an additional civil forfeiture equal to any costs incurred by the village as a result of such failure, including but not limited to any penalties or liquidated damages charged the village 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. 2007-32, passed 9-18-2007)