(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Any violation of the submitted construction routing plan, as required by § 152.01, by any party involved in the construction project for which the plan has been submitted, may result in a fine of $200 for the first offense, $1,000 for the second offense, and a maximum of $7,500 for a subsequent offense, plus any damages, costs and expenses incurred in prosecuting the civil infraction, to be charged against the party submitting the construction routing plan. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each occurrence.
(Prior Code, § 54-1)
(C) Any person who shall be in violation of § 152.15 or any amendment thereto shall be punished as provided in § 10.99; and further, each day an entry or cut made into, or onto, any street, alley or other public way within the city without the issuance of a proper permit under this chapter shall constitute a separate offense and each separate offense shall subject the violator to a separate judgment, as provided herein.
(Prior Code, § 54-33)
(D) (1) Any person, firm, corporation, or any other entity who shall be in violation of §§ 152.47 through 152.52, or any amendment thereto, shall receive a fine of not more than $500. Each day an entry or cut is made without the issuance of a proper permit under this chapter shall constitute a separate offense, and each separate offense shall subject the violator to a separate fine as provided herein.
(2) Any person, firm or corporation, or any other entity who shall be in violation of § 152.53(B)(1) through (B)(5), shall be subject to a fine twice that of the original encroachment application fee. Each day an entry or cut is without the issuance of a proper permit under this chapter shall constitute a separate offense, and each separate offense shall subject the violator to a separate fine as provided herein.
(3) Any agency whose approval is required under this chapter or any interested person may seek an injunction against any person who violates or threatens to violate any provision of this chapter.
(4) In accordance to any other sanction under this chapter, a person who fails to install or to maintain the approved public improvements in accordance with the approved construction plan shall be liable to the city in a civil action, for damages in an amount equal to the cost of installing or maintaining the controls, all engineering fees, court costs, litigation expenses, and attorneys fees incurred by the city.
(5) Any persons, firm, corporation, or any other entity who fails to secure any service that can cause damage to property or health due to its failure, shall receive a $500 penalty for every 24-hour period that corrections are not made. The 24-hour period will start from the time the damaged service is reported. This application should fall under § 152.50(B) on procedures and time frames.
(6) Any governing authority that recovers damages in accordance with this division (D) shall deposit them in a special fund, to be used solely for:
(a) Correcting, to the extent possible, the failure to install or maintain the public improvements according to the approved plans and specifications;
(b) Correcting, to the extent possible, the failure to follow the procedures outlined under permits issued in accordance with this chapter; and
(c) The administration of the construction inspection as per this chapter.
(7) The city shall hold the right to secure and/or complete without prior notification to the applicant any and all permit cuts found to be public safety concerns. Costs incurred by the city, any and all actions taken by the city shall be reimbursed by the applicant/applicant as reflected in Attachment A4 of the ordinance from which §§ 152.45 through 152.53 derives.
(8) Failure to complete permanent patches within the 20-working-day requirement may result in a fine of $100 per day, up to five working days. In the event the repairs are not made in this time period, the city may repair the patches as defined in division (D)(7) above, including all fines.
(Prior Code, § 54-100)
(Ord. 03-04, passed 2-10-2003; Ord. 06-33, passed 8-14-2006)