(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:
(2) Any person violating any other provision of this chapter or any order or regulation issued by the Director of Public Utilities shall be guilty of a misdemeanor of the fourth degree or shall be fined not more than five hundred dollars ($500.00) for each violation, or both. Each day such violation continues shall be deemed a separate offense.
(3) In addition to the penalties authorized in this section, the City may seek to recover its actual cost of investigating, remediating and pursuing civil and criminal actions related to any violation of this chapter, as well as any costs incurred by the City as a result of such violation including but not limited to any costs charged the City by its contractors, other permit holders or third parties. All penalties and fines collected under this chapter shall be credited to the right of way fund.
(b) Any permit holder may be excused for violations of this chapter and its right of way permit due to force majeure.
(c) In determining the amount of the civil penalty to be assessed for violations of this chapter, the following factors may be considered:
(1) the economic benefit derived by the violator from the violation;
(2) the degree of harm to the City, the public or other permit holders caused by the violation;
(3) the recalcitrance of the violator;
(4) good faith efforts by the violator to take corrective action;
(5) the duration of the violation.
(Ord. 375-02. Passed 10-8-02.)