(a) Penalties for Violation. It shall be unlawful to violate any provision of this chapter. Violation of any provision of this chapter or failure to comply with any requirement of this chapter (including a violation of a condition or safeguard established in connection with a certificate of registration, permit, or any other City approval) shall constitute a misdemeanor of the second degree. Each and every failure to comply shall be considered a distinct and separate offense. Each day a violation continues shall be considered a distinct and separate offense.
(b) Non-exclusive Remedy. The remedies provided in this chapter are not exclusive or in lieu of other rights and remedies that the City may have. The City is hereby authorized at any time to seek legal and equitable relief for actual or threatened injury to the rights-of-way, including damages to the rights-of-way, whether caused by a violation or any of the provisions of this chapter or other provisions of applicable law.
(c) Liquidated Damages. 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 City Manager may assess an additional penalty of civil forfeiture for failure to comply with any provision of this chapter. Said penalty shall be a monetary sum, payable to the City, in the amount of five hundred dollars ($500.00) per 24-hour day of violation and any subsequent portion of a day less than 24 hours in length. Prior to assessing said penalty, the City Manager shall provide written notice to the provider detailing the failure to comply with a specific provision of this chapter. Said notice shall indicate that said penalty shall be assessed in 15 calendar days after receipt of service of the notice if compliance is not achieved. If a provider desires to challenge said penalty, the provider shall request a hearing before the City Manager within ten days of service of the notice. Said hearing shall be held within 30 days of the provider's request. If the provider requests such hearing before the City Manager, said penalty shall be temporarily suspended. However, if, after the hearing, the City Manager determines that the provider failed to comply with the specific provision of this chapter referenced in the notice, said penalty shall be assessed starting 15 calendar days after service of the notice referenced in this chapter and continuing for each day thereafter until compliance is achieved. The determination of the City Manager shall be final.
(d) Rights of Appeal. All appeals provided for by this chapter and any notification to the City required by this chapter shall be in writing and sent via certified mail to the City Manager. The determination of the City Manager shall be final.
(Ord. 5472. Passed 3-20-01.)