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(a) In addition to any other remedies available at law or in equity, the city may invoke any one or a combination of the following remedies in the event a franchisee violates this chapter, its franchise agreement or applicable state or federal law:
(1) Impose liquidated damages in such amount, whether on a per-diem, per-incident, or other measure of violation, as provided in the franchise agreement. Payment of liquidated damages by the franchisee will not relieve the franchisee of its obligation to comply with the franchise agreement and this chapter; or
(2) Revoke the franchise pursuant to the procedures specified in § 808.27.
(b) In determining which remedy or remedies are appropriate, the city shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the city determines are appropriate to the public interest.
(c) In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction relating to matters not referred to arbitration pursuant to § 808.28.
(d) Nothing contained herein shall be construed to deny a franchisee of any right to make a claim or appeal to a court of competent jurisdiction. A franchisee may seek a stay of any remedy imposed by the city pending appeal.
(Ord. 97-2, passed 1-9-1997)