(a) In addition to any other penalties set forth in this chapter, and the remedy of specific performance which may be enforced in a court of competent jurisdiction, the following penalties shall apply:
(1) Any person or permittee violating Section 1446.03(a) or 1446.12(a), or failing to pay when due any forfeiture imposed, shall be guilty of a misdemeanor of the fourth degree, and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both, for each offense. Each day such violation occurs or continues shall be deemed a separate offense.
(2) For failure to comply with any other provision of this chapter, the penalty shall be a civil forfeiture payable to the City, in the amount of five hundred dollars ($500.00) per day for each day of violation. In addition, for failure to timely comply with a notice by the City Manager to remove or rearrange facilities pursuant to Section 1446.06(a)(4), an additional civil forfeiture equal to any costs incurred by the City as a result of such failure, including, but not limited to, any penalties or liquidated damages charged the City by its contractors occasioned thereby, shall be imposed.
(3) Should any permittee, during installation, construction, movement, reconstruction, relocation or rearrangement of said permittee's facilities, damage any other permittee's cables, antennas, lines, wires, poles, pipelines or conduits, the permittee deemed responsible for causing said damage shall be fined an amount of one thousand dollars ($1,000) for each such occurrence.
(b) Any permittee may be excused for violations of this chapter and its right-of-way permit due to force majeure.
(Ord. 99-64. Passed 9-7-99.)