(A) If, after the grantee is provided the opportunity to appear and present evidence before the Board of Commissioners, the Board of Commissioners finds that the grantee has violated any of the following provisions of this chapter, the following penalties shall be recoverable. The decision of the Board of Commissioners shall be the final administrative decision and shall be in writing and provide the basis for the decision. The decision may be appealed to a court of competent jurisdiction.
(1) For failure to complete or remove any construction project by no later than the ending term of any franchise awarded pursuant to this chapter or any extension thereof, the grantee shall forfeit $500 per day or part thereof that the violation continues;
(2) For failure to provide data and reports requested by the city and as required by this chapter the grantee shall forfeit $500 per day or part thereof that the violation continues.
(3) For failure to pay a permit fee or franchise fee when due pursuant to local law, the grantee shall forfeit $500 per day or part thereof that the violation continues.
(B) If the grantee fails to comply within 30 days of any Board of Commissioners resolution directing compliance with any other provisions of this chapter, the grantee shall forfeit $500 per day or part thereof that the violation continues. The decision of the Board of Commissioners may be appealed to a court of competent jurisdiction.
(C) The grantee shall not be excused from complying with any of the terms and conditions of this chapter by any failure of the city, upon any one or more occasions, to insist upon the grantee’s performance or to seek the grantee’s compliance with any one or more of such terms or conditions. Payment of penalties shall not excuse non-performance under this chapter. The right of the city to seek and collect penalties as set forth in this section is in addition to its right to terminate and cancel as set forth in § 112.16 of this chapter.
(Ord. 22-08, passed 4-12-22)