The civil and criminal provisions of this subchapter shall be enforced by those persons or agencies designated by municipal authority and may be enforced by any law enforcement agent of the city.
(A) If applicable, default and revocation of any and all permits granted to allow construction activities in the streets or rights-of-way subject to the procedural guidelines herein and any agreement which applies to the right-of-way user, may be permanently enforced subject to any limitations imposed by federal or state law.
(B) In imposing the penalties and the amount, the city may weigh all applicable factors, such as damages caused by the violation, reasons for the violation, the seriousness of the violation, and all other factors. The minimum fee and penalty that shall be payable by any utility service, public service provider, owner or person that shall be found to have been occupying a street or right-of-way, in violation of this subchapter, shall be double the amount of $1 per lineal foot of the occupancy for each year of the prior unauthorized occupancy.
(C) Monetary civil penalties and injunctive relief may be imposed in the manner prescribed by either local or state law.
(D) The City Council may order specific performance of any actions required by this subchapter or required by a franchise, license or permit or any other agreement or authorization.
(Ord. 2006-003, passed 3-22-2006)