A. Penalties For Violations: For the violation of any of the following provisions of this chapter, penalties shall be chargeable as follows:
1. Failure to obtain or file evidence of required insurance, construction bond, performance bond, or other required financial security: fifty dollars ($50.00) per day, per violation, for each day such failure occurs or continues up to ten (10) days, at which time, the penalty is doubled and then tripled if the violation continues past thirty (30) days;
2. Failure to provide access to data, documents, records, or reports to the village as required by law, sections 7-3-19, 7-3-29, 7-3-30, 7-3-31 and 7-3-37 of this chapter: twenty five dollars ($25.00) per day, per violation, for each day such failure occurs or continues up to ten (10) days, at which time, the penalty is doubled and then tripled if the violation continues past thirty (30) days;
3. Failure to comply with applicable construction, operation, or maintenance standards: fifty dollars ($50.00) per day per violation, for each day such failure occurs or continues up to ten (10) days, at which time, the penalty is doubled and then tripled if the violation continues past thirty (30) days;
4. Any violations for noncompliance with the customer service standards of sections 7-3-23 through 7-3-25 of this chapter, the grantee shall pay fifty dollars ($50.00) per day for each day, or part thereof, that such noncompliance continues per violation, for each day such failure occurs or continues up to ten (10) days, at which time, the penalty is doubled and then tripled if the violation continues past thirty (30) days;
Grantor may impose any or all of the above enumerated measures against grantee, which shall be in addition to any and all other legal or equitable remedies it has under the franchise or under any applicable law.
B. Procedures:
1. Whenever the village believes that the grantee has violated one or more terms, conditions or provisions of the franchise, and wishes to impose purely monetary penalties, a written notice shall be given to the grantee informing it of such alleged violation or liability. The written notice shall describe in reasonable detail the specific violation so as to afford the grantee an opportunity to remedy the violation. The grantee shall have thirty (30) days subsequent to receipt of the notice in which to correct the violation before the village may impose penalties unless the violation is of such a nature so as to require more than thirty (30) days and the grantee proceeds diligently within the thirty (30) days to correct the violation. In any case where the violation is not cured within sixty (60) days of notice from the village, or such other time as the grantee and the village may mutually agree to, the village may proceed to impose liquidated damages. The fact that the grantee has diligently remedied the violation shall be taken into consideration by the village in imposing any monetary penalty for such violation.
2. The grantee may, within ten (10) days of receipt of notice, notify the village that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by the grantee to the village shall specify with particularity the matters disputed by the grantee and shall stay the running of the thirty (30) day cure period pending council decision as required below. The village shall hear the grantee's dispute. Grantee must be given at least five (5) days' notice of the hearing. At the hearing, the grantee shall be entitled to the right to present evidence and the right to be represented by counsel. After the hearing, the village shall provide grantee a copy of its action, along with supporting documents. In the event the village upholds the finding of a violation, the grantee shall have the balance of the thirty (30) day period subsequent, or such other time period as the grantee and the village mutually agree, to correct the violation.
3. The rights reserved to the village under this section are in addition to all other rights of the village whether reserved by this chapter or authorized by law or equity, and no action, proceeding or exercise of a right with respect to penalties shall affect any other right the village may have. (Ord. 1021, 8-12-1998)