(A) Civil penalties. Any person who violates this chapter may be subject to all civil and equitable remedies as allowed by law. Notwithstanding the foregoing, the violation of a stop work order issued pursuant to this section shall constitute a misdemeanor and may be punishable as such. The Department shall charge civil penalties as are authorized by the City Council for:
(1) Violation of § 157.07(A) and/or (B); and
(2) Additional violations of § 157.07(A) and/or (B) by the same user within one year of the first violation.
(B) Assessment of civil penalties. Civil penalties authorized by this section may be assessed against the user on whose behalf work is being performed and against the contractor or subcontractor who is performing such work. Penalties not paid within 30 days of written demand will be assessed a late fee of 1% of the unpaid balance per month.
(C) Stop work order. When there is a violation of this chapter the city may issue a stop work order to any person or entity performing work in the PROW. A stop work order shall be in writing, state the date, the location, the work to be stopped and the reasons therefore, and state the conditions under which the work may be resumed.
(D) Processing urgent requests. In regards to § 157.12, if the work is not completed within 90 days, a penalty of $100 per day per facility shall be imposed until the final inspection is requested, except for force majeure situations and situations not reasonably within the control of the applicant.
(Ord. 2017-O-55, passed 9-12-2017)