§ 1227. Enforcement.

A.

Remedies for violations. If a ROW occupant violates any provision of this chapter, the Director of Finance may, after providing notice to the ROW occupant at the address provided in the occupancy permit and a hearing in which the ROW occupant may appear and be heard, take one (1) or more of the following actions:

1.

Impose liquidated damages in the amount, if any, provided in the occupancy permit or rights-of-way construction permit, whether per day, incident or other measure of violation. Payment of liquidated damages by the ROW occupant does not relieve the ROW occupant of its obligation to meet the requirements of this chapter;

2.

Impose penalties pursuant to Section 1228;

3.

Reduce the duration of the occupancy permit or rights-of-way construction permit on any basis the City determines is reasonable and affords the ROW occupant reasonable due process; and/or

4.

Revoke the occupancy permit or rights-of-way construction permit pursuant to its terms or applicable law.

B.

Director of Finance's discretion. In determining which remedy or remedies are appropriate under Subsection 1227.A, the Director of Finance shall consider 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 any other matters the Director of Finance determines are appropriate. In addition to or instead of these remedies, the Director of Finance may seek legal or equitable relief from any court of competent jurisdiction.

C.

Opportunity to cure. Before initiating a remedy under this section, other than revocation of the occupancy permit or rights-of-way construction permit, the City shall give the ROW occupant written notice of the violations claimed and at least twenty (20) working days to correct the violations.

(Ord. No. 19945)