§ 118.40 ENFORCEMENT REMEDIES.
   (A)   The city has the right to apply any one or combination of the following remedies in the event a franchisee violates any provision of the law or its franchise agreement:
      (1)   Impose liquidated damages in such amount, whether per day, incident, or other measure of violation, as provided in the franchise agreement. Payment of liquidated damages by the franchisee will not relieve the franchisee of its obligation to meet the franchise requirements.
      (2)   Reduce the duration of the franchise on such basis as the city determines is reasonable pursuant to the process specified in § 118.43.
      (3)   Revoke the franchise as provided for in § 118.43.
   (B)   In determining which remedy or remedies are appropriate, the city must take into consideration the nature of the violation, the person or persons 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 determines are appropriate. The city shall not impose any remedy without first giving the franchisee notice of the violation and a reasonable opportunity to cure it.
   (C)   In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction.
(Ord. 89-15, passed 5-8-89)