ARTICLE V. VIOLATIONS AND PENALTIES
51-111 Transaction of business without franchise.
Any person transacting business without a franchise required by this chapter shall be responsible for a municipal civil infraction, and shall pay a fine in the following amount:
|
(1) |
First offense |
$3,500.00 |
|
(2) |
Second or subsequent offense |
5,000.00 |
(Ord. No. 2108, § 5.1, 6-15-00)
51-112 Right-of-way restoration.
Any person in violation of the franchise requirement of this chapter or a franchise issued under it who damages a right-of-way shall be responsible for restoration of the right-of-way to the condition that existed prior to the violation. If such person fails or refuses to restore the right-of-way after 30 days notice from the city, and if the city determines that the civil infraction remedy is inadequate under the circumstances, the city may initiate proceedings in the appropriate court to recover the cost estimated to accomplish the restoration, or recover such costs as have been actually expended by the city in achieving the restoration, as the case may be. Such costs shall include finance and reasonable administrative costs estimated or incurred.
(Ord. No. 2108, § 5.2, 6-15-00)
51-113 Separate offenses.
Each occurrence of a violation, and each day a violation exists, shall constitute a separate offense.
(Ord. No. 2108, § 5.3, 6-15-00)
51-114 Injunctive relief.
Violations of this chapter or a franchise issued under it, are considered to be a nuisance per se with such violations and correction of any conditions resulting from violations subject to abatement by injunctive or other appropriate order by a court of competent jurisdiction.
(Ord. No. 2108, § 5.4, 6-15-00)
51-115 Election of remedies.
Violations of this chapter and franchises issued under it subject the violator to franchise revocation, if applicable, and city enforcement through one or more of the remedies provided in this article, and the election by the city to pursue one form of remedy does not waive or restrict the city’s option to pursue other remedies at the same or later time.
(Ord. No. 2108, § 5.5, 6-15-00)