(A) No provision of this chapter shall be deemed to bar the right of the city to seek or obtain judicial relief from a violation of any provisions of this chapter, the registration provisions, or any rule, regulation or general condition provided for hereunder, whether administratively, judicially or both. Neither the existence of other remedies identified in this chapter nor the exercise thereof shall be deemed to bar or otherwise limit the right of the city to recover fines, penalties or monetary damages (except where liquidated damages are otherwise prescribed) for such violation by the communications services provider. The remedies available to the city shall be cumulative and in addition to any other remedies provided by law or equity. The laws of the State of Florida shall govern with respect to any proceeding in law or equity pertaining to the enforcement of this chapter or any cause of action arising out of or in connection herewith.
(B) A communications services provider's failure to comply with provisions of this chapter shall constitute a City Code violation and shall subject the communications service provider to the code enforcement provisions and procedures as provided in Chapter 52, §§ 52.080-52.092, Palm Bay Code, and may be punishable as provided in Fla. Stat. § 162.22, as it may be amended.
(C) In any proceeding before the City Council where there exists an issue with respect to a communications services provider's performance of its obligations pursuant to this chapter, the communications services provider shall be given the opportunity to provide such information as it may have concerning its compliance with the terms and conditions of this ordinance. The city may find a communications services provider that does not demonstrate compliance with the terms and conditions of this chapter in default and apply any appropriate remedy or remedies as authorized by this ordinance. In determining which remedy is appropriate, the City Council shall take into consideration the nature of the violation, the person bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the City Council determines are appropriate to the public interest.
(D) The public works director or his designee shall be responsible for administration and enforcement of this chapter, and is authorized to give any notice required herein or by law.
(E) 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.
(Ord. 2017-66, passed 10-3-17)