(a) Any property owner that violates this Article 52 may be liable for a civil penalty not to exceed $500 for each day such violation is committed or continues. Such penalty shall be assessed and recovered in a civil action brought in the name of the people of the City by the City Attorney.
(b) In assessing the amount of a civil penalty, a court may consider any of the relevant circumstances, including, but not limited to, the following:
(1) The number of occupants affected by the violation;
(2) The number of communications services providers affected by the violation;
(3) Whether the property owner has violated this Article 52 at other properties;
(4) The amount of revenues the property owner receives from any existing communications services providers serving the property;
(5) Whether the property owner has a legitimate reason for refusing access to its property by the communications services provider; and
(6) The net assets and liabilities of the property owner, whether corporate or individual.
(c) Any civil penalty under subsection (a) will start to accrue following the completion of the notice required by Section 5209 of this Article 52.
(Added by Ord. 250-16, File No. 161110, App. 12/22/2016, Eff. 1/21/2017)