Chapter 18.12
REMEDIES AND ENFORCEMENT
Sections:
18.12.050 Severability and pre-emption.
18.12.010 Police power.
In accepting any license or lease, the grantee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the city to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and it agrees to comply with all applicable general laws enacted by the city pursuant to such power. (Ord. 2959 § 1, 1999).
18.12.020 City remedies.
The city may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the applicable provisions of this title. Violation of the terms of this title may also result in the revocation of any license, lease, approval, or permit issued or granted hereunder. (Ord. 2959 § 1, 1999).
18.12.030 Other remedies.
Nothing in this title shall be construed as limiting any judicial remedies that the city may have, at law or in equity, for enforcement of this title. (Ord. 2959 § 1, 1999).
18.12.040 No waiver.
The failure of the city to enforce any provision of this title on any occasion shall not operate as a waiver or estoppel of the city’s right to enforce any provision of this title on any other occasion, nor shall the failure to enforce any prior ordinance affecting telecommunications facilities or telecommunications system grantees act as a waiver or estoppel against application of this title or any other provision of applicable law. (Ord. 2959 § 1, 1999).
18.12.050 Severability and pre-emption.
A. If any section, subsection, sentence, clause, phrase, term, provision, condition, covenant or portion of this title is for any reason held invalid or unenforceable by any court of competent jurisdiction, or superseded by state or federal legislation, rules, regulations or decision, the remainder of this title shall not be affected thereby but shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof, and each remaining section, subsection sentence, clause, phrase, provision, condition, covenant and portion of this title shall be valid and enforceable to the fullest extent permitted by law.
B. In the event that federal or state laws, rules or regulations preempt a provision or limit the enforceability of a provision of this title, then the provision shall be read to be pre-empted to the extent and for the time required by law. In the event such federal or state law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision hereof that had been pre-empted is no longer pre-empted, such provision shall thereupon return to full force and effect, and shall thereafter be binding on the parties hereto, without the requirement of further action on the part of the city, and any amendments to this title as a result of such provision being pre-empted shall no longer be of any force or effect. (Ord. 2959 § 1, 1999).