955.99 PENALTY.
   (a)   For failure to comply with any provision of this Chapter or the Design Guidelines, the penalty shall be a civil forfeiture, payable to the City, in the amount of $250 per day for each day the violation continues.
   (b)   In addition to the civil forfeiture in division (A), the City may also pursue the remedies of revocation of the Small Cell Permit or specific performance of the violated provision.
   (c)   The City Manager may excuse violations of this Chapter for reasons of Force Majeure.
   (d)   For purposes of this section, "Force Majeure" means a strike, acts of God, acts of public enemies, orders of any kind of a government of the United States of America or of the State of Ohio or any of their departments, agencies, or political subdivisions; riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the Permittee, but only to the extent the disabled party notifies the other party as soon as practicable regarding such Force Majeure and then for only so long as and to the extent that, the Force Majeure prevents compliance or causes non-compliance with the provisions hereof.
(Ord. 38-2018.  Passed 7-16-18.)