(A) A registrant’s failure to comply with provisions of this chapter shall constitute a violation of this chapter and shall subject the registrant to the code enforcement provisions and procedures as provided in F.S. Chapter 162, F.S. § 166.0415 and §§ 32.035 et seq. of this code of ordinances, as they may be amended. In addition, violation of this chapter may be punishable by a fine not to exceed $250 for an initial violation and not more than $500 for any repeat violations.
(B) In addition to any other remedies available at law, including but not limited to F.S. § 166.0415, and F.S. Chapter 162, or equity or as provided in this chapter, the city may apply any one or combination of the following remedies in the event a registrant violates this chapter, or applicable local law or order related to the public rights-of-way:
(1) Failure to comply with the provisions of this chapter or other law applicable to occupants of the public rights-of-way, may result in imposition of penalties to be paid by the registrant to the city so long as the violation continues.
(2) In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction.
(C) Before imposing a fine pursuant to division (B)(1) of this section, the city shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have 30 days to either:
(1) Cure the violation to the city's satisfaction and the city shall make good faith reasonable efforts to assist in resolving the violation; or
(2) File an appeal with the city to contest the alleged violation; § 121.21 of this chapter shall govern such appeal. If no appeal is filed and if the violation is not cured within the 30 day period, the city may collect all fines owed, beginning with the first day of the violation, through any means allowed by law.
(D) In determining which remedy or remedies are appropriate, the city shall 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 to the public interest.
(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.
(F) In any proceeding before the city where there exists an issue with respect to a registrant's performance of its obligations pursuant to this chapter, the registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms and conditions of this chapter. The city may find a registrant that does not demonstrate compliance with the terms and conditions of this chapter in default and apply any one or combination of the remedies otherwise authorized by this chapter.
(G) The City Manager or designee shall be responsible for administration and enforcement of this chapter, and is authorized to give any notice required by law.
(Ord. 1380, passed 9-5-01; Am. Ord. 1760, passed 10-2-13; Am. Ord. 1903, passed 8-1-18)