902.12 LIQUIDATED DAMAGES.

   In addition to any other penalties set forth in this Chapter, and the remedy of specific performance or other remedies, which may be enforced in a court of competent jurisdiction, the Director of Public Service 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 (US $500.00) per twenty-four (24) hour day of violation and any subsequent portion of a day less than twenty four (24) hours in length. Prior to assessing said penalty, the Director of Public Service 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 (15) 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 BZBA by filing a request for appeal with the Office of BZBA within ten (10) days of service of the notice. Said hearing shall be held within thirty (30) days of the Provider's request. If Provider requests such hearing before the BZBA, said penalty shall be temporarily suspended. However, if, after the hearing, the BZBA determines that Provider failed to comply with the specific provision of this Chapter referenced in the notice, said penalty shall be assessed starting fifteen (15) calendar days after service of the notice referenced in this Section and continuing for each day thereafter until compliance is achieved. The determination of the BZBA shall be final.

(Ord. 39-01. Passed 9-18-01.)