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(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.
(Added by Ord. 250-16, File No. 161110, App. 12/22/2016, Eff. 1/21/2017)