(a) No person shall violate any provision of this chapter. Violation of any provision of this chapter or failure to comply with any requirement of this chapter (including a violation of a condition or safeguard established in connection with a Certificate of Registration, permit, or any other City approval) shall constitute a misdemeanor of the second degree and shall be subject to a fine of not more than seven hundred fifty dollars ($750.00) or imprisonment for not more than ninety days, or both, for each offense. Each and every failure to comply shall be considered a distinct and separate offense. Each day a violation continues shall be considered a distinct and separate offense.
(b) The remedies provided in this chapter are not exclusive or in lieu of other rights and remedies that the City may have. The City is hereby authorized at any time to seek legal and equitable relief for actual or threatened injury to the rights of way, including damages to the rights of way, whether caused by a violation or any of the provisions of this chapter or other provisions of applicable law.
(c) 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 City Manager may assess an additional penalty of civil forfeiture for failure to comply with any provision of this chapter. Said penalty shall be a monetary sum, payable to the City, in the amount of five hundred dollars ($500.00) per twenty-four hour day of violation and any subsequent portion of a day less than twenty-four hours in length. Prior to assessing said penalty, the City Manager shall provide written notice to the provider detailing the failure to comply with a specific provision of this chapter. Said notice shall indicate that said penalty shall be assessed in fifteen calendar days after service of the notice if compliance is not achieved. If a provider desires to challenge said penalty, provider shall request a hearing before the City Manager within ten days of service of the notice. Said hearing shall be held within thirty days of the provider's request. If provider requests such hearing before the City Manager, said penalty shall be temporarily suspended. However, if, after the hearing, the City Manager determines that provider failed to comply with the specific provision of this chapter referenced in the notice, said penalty shall be assessed starting fifteen calendar days after service of the notice referenced in this chapter and continuing for each day thereafter until compliance is achieved. The determination of the City Manager shall be final.
(Ord. 00-07. Passed 8-21-00.)