(A) The city may fine any person who files intentionally a false complaint against a franchisee in the amount of $50 for the first violation and $100 for each subsequent violation.
(B) Intentional misrepresentation by a franchisee in any response to a notice of proposed refund or fine, or to the city's request for other information shall be grounds for franchise revocation or other action by the city.
(C) The city expressly reserves the right to consider violations of consumer protection standards or submitting any false information in evaluating any application for renewal, modification, or transfer of any franchise agreement.
(D) (1) In addition to any other remedies available at law or equity or provided in this subchapter, or in any franchise agreement, the city may impose a fine in the amount of $500 per violation per day or part thereof for any violation of this subchapter.
(2) Before imposing a fine pursuant to this section, the city shall give the franchisee written notice of the violation and its intention to assess such fine, which notice shall contain a description of the alleged violation. Whenever practicable, the franchisee shall have 20 calendar days after notice to cure the violation and the city shall make good faith reasonable efforts to assist the franchisee in resolving the violation. If the violation is not cured within that 20 day period, the city may collect all fines owed, beginning with the first day of the violation, either by removing such amount from the security fund or through any other means allowed by law.
(3) In addition to any other remedies available at law or equity or provided in this subchapter or in any franchise agreement, the city may apply any one or combination of the following remedies in the event a franchisee violates this subchapter, its franchise agreement, or applicable law:
(a) The franchisee's failure to comply with § 112.19, regarding minimum facilities and services, may result in imposition of fines to be paid by the franchisee to the city in an amount of up to $2,000 per day or part thereof that the violation continues.
(b) The city may revoke a franchise pursuant to the procedures specified in this subchapter.
(c) In addition to or in lieu of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction.
(4) In determining which remedy or remedies are appropriate, the city shall take into consideration the nature of the violation, the persons bearing the impact of the violation and the effect of such violation, the nature of the remedy required to prevent further violations, and such other matters as the city determines are appropriate to the public interest.
(5) Failure of the city to enforce any requirements of a franchise agreement or this subchapter shall not constitute a waiver of the city's rights under a franchise agreement or this subchapter, and shall not constitute a waiver of the city's right under a franchise agreement or this subchapter to pursue remedies with respect to a violation or subsequent violations of the same type or to seek appropriate enforcement remedies.
(6) In any proceeding wherein there exists an issue with respect to a franchisee's performance of its obligations pursuant to this subchapter or a franchise agreement, the franchisee has, throughout any such proceedings and appeals thereof, the burden of proving that said franchisee is in compliance with the terms of this subchapter or a franchise agreement. The City Commission may find a franchisee that does not demonstrate compliance with the terms and conditions of this subchapter in default and apply any one or combination of the remedies otherwise authorized by this subchapter.
(7) Nothing in this subchapter shall affect or limit the remedies the city has available under applicable law.
(Ord. 1406, passed 5-15-02)