(1) Remedies.
(a) Penalties. Any Person in violation of any provision of this Chapter or Chapters 9-300 or 11-200 or Section 11-103, or any regulation adopted thereunder, shall be subject to a fine, to the extent permitted by law, of not more than seven hundred dollars ($700); provided, the Commissioner may by regulation establish lower maximum fines for any particular such violation, based on the severity and number of violations committed by a Person. A separate and distinct violation shall be deemed committed each day on which a violation occurs or continues. In addition to an action to enforce any penalty imposed by this Chapter and any other remedy at law or in equity under this Title, the City may apply to a Court of Common Pleas for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this Chapter.
(b) Determination of Default. In the event a determination is made by the Department that a Person is in violation of this Chapter or the applicable requirements of Chapters 9-300 or 11-200, and that termination pursuant to subsection (c)(.2) is appropriate, such Person shall be provided written notice of the determination and the reasons therefor. Within the time provided in the notice, the Person in violation shall take and provide written evidence of corrective action, or submit to the Commissioner its reasons, with evidence, why the determination should be withdrawn. If it is finally determined after review of the Person’s submissions that the Person is in violation, the Commissioner shall prescribe remedies as provided by this Section. The Person shall be given written notice of the final determination and the reasons therefor.
(c) Denial of Permits; Termination of ROW Registration.
(.2) The Commissioner may terminate a ROW Registration, other than a Franchise, termination of which shall be governed by the Cable Acts and the Franchise Agreement, if the violation(s) found under subsection (b) include:
(.a) construction of Facilities in the ROW, except in the case of an Emergency Condition, without first obtaining the permits required by this Chapter, and in the case of Emergency Condition, construction of Facilities without obtaining such permits within the time required by the Commissioner by regulation;
(.b) in the case of entities that are not regulated by the PUC or subject to the Cable Acts, an unauthorized Transfer of Interest;
(.c) willful misrepresentation by or on behalf of a Registered User in any application to the City;
(.d) in the case of entities that are not regulated by the PUC, failure to relocate or remove any Facilities as required in Chapter 11-200
(.e) failure to pay taxes, compensation, fees or costs when and as due the City;
(.f) insolvency or bankruptcy of the Registered User, unless the Registered User continues to operate as a debtor in possession pursuant to Chapter 11 of the United States Bankruptcy Code; or
(.g) uncured act or omission that constitutes a danger to the public health, safety, and welfare.
(.3) Upon termination of a ROW Registration, whether by action of the City or otherwise, the Registered User shall cease using the Facilities authorized thereby. The City may, to the extent permitted by law, either take possession of the Facilities in the Right-of-Way, or require the Registered User or its surety to remove the Facilities and restore the Right-of-Way to a condition satisfactory to the Commissioner, or, if the Registered User fails to remove the Facilities as required by the City, the City may remove the Facilities and restore the Right-of-Way at the expense of the Registered User. The Registered User’s foregoing obligation to remove Facilities shall survive the termination of the Registered User’s ROW Registration. In the case of the termination of a Franchise, the City’s rights and remedies shall be as determined by the Franchise Agreement and the Cable Acts.
(d) If a Person in violation of this Chapter does not hold a ROW Registration pursuant to this Chapter, the Person may be disqualified by the Commissioner from applying for or obtaining a ROW Registration.
(3) No Substitute for Other Required Permissions. No ROW Registration, Street Closure Permit or Street Opening Permit issued pursuant to this Chapter includes, means, or is in whole or part a substitute for any other permit or authorization required by the laws and regulations of the City for the privilege of transacting and carrying on a business within the City; or any permit or agreement for occupying any other property of the City or private Persons to which access is not specifically permitted by the ROW Registration; or any permit, license, or authorization required to place a Facility in the Right-of-Way.
(4) No Waiver. The City’s failure to require a Registered User to comply with any provision of this Chapter shall not constitute a waiver of the City’s right to require that Registered User or any other Registered User comply with this Chapter or other applicable law at any time.
Notes
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