§ 71-46. Fines.

(a)

Notwithstanding and in addition to any other rights or remedies available to city, including but not limited to the rights set forth in sections 71-44 and 71-45 above and under the city's code enforcement citation program set forth in chapter 2 of the City Code of Ordinances, a grantee shall be subject to fine in the following amounts for the following actions:

(1)

For failure to complete system construction or reconstruction in accordance with the provisions of article IV within 30 days after receipt of written notice of such failure from the city unless the city commission specifically approves the delay by motion or resolution due to the occurrence of conditions beyond the grantee's control, a grantee shall pay $500.00 per day for each day or part thereof that such deficiency continues; provided, however, that in the event that grantee has been notified pursuant to this provision of a previous failure to complete construction or reconstruction which prior notification was received by the grantee within 12 months of the first day of a subsequent failure hereunder, the amount of the fine for such subsequent failure shall be $1,000.00 per day or part thereof each violation occurs or continues and the city shall not be required to provide notice of violation or a 30 day opportunity to cure prior to imposition of a fine.

(2)

For failure to provide upon written request data, documents, reports, information required to be provided hereunder within 30 days after receipt of notice of such failure from the city, a grantee shall pay $100.00 per day for each day or part thereof that such deficiency continues; provided, however, that in the event that grantee has been notified pursuant to this provision of a previous failure to provide information which prior notification was received by the grantee within 12 months of the first day of a subsequent failure hereunder, the amount of the fine for such subsequent failure shall be $200.00 per day or part thereof each violation occurs or continues and the city shall not be required to provide notice of violation or a 30 day opportunity to cure prior to imposition of a fine.

(3)

For action or inaction by the grantee resulting in violation of any other provision of this chapter, a franchise agreement or any rule or regulation lawfully adopted under this chapter, which violation is not cured within three days after receipt of written notice of such failure from the city, a grantee shall pay to the city $100.00 per day for each day or part thereof that such violation continues; provided, however, that in the event that grantee has been notified pursuant to this provision of a previous violation which prior notification occurred within 12 months of the first day of a subsequent violation hereunder, the amount of the fine for such subsequent violation shall be $200.00 per day or part thereof each violation occurs or continues and the city shall not be required to provide notice of violation or a 30 day opportunity to cure prior to imposition of a fine.

(b)

If the city concludes that a grantee is liable for fines pursuant to this section, the city shall issue to the grantee by certified mail a notice of intention to assess fines and the amount thereof. The notice shall set forth the basis for the assessment and shall inform the grantee that fines will be assessed from the date set forth in the notice unless the assessment notice is appealed for hearing before the city commission and the city commission rules (i) that the violation has been timely corrected, if applicable, or (ii) that an extension of time or other relief should be granted. A grantee desiring a hearing before the city commission shall send a written notice of appeal by certified mail to the city within 15 days of the date on which the city sent the notice of intention to assess fines. The hearing on the grantee's appeal shall be within 30 days of the date on which the grantee sent the notice of appeal. Unless the city commission indicates to the contrary, fines shall be assessed beginning with the date set forth in the notice of the intention to assess fines and continuing thereafter until such time as the violation ceases, as determined by the city.

(c)

The remedies contained in this section 71-46 are in addition to any civil or criminal fines, penalties, fees, or other remedies which may be imposed against the grantee for the violation of this chapter, the franchise agreement or any other ordinance, rule or regulation of the city.

(Ord. No. 02-03, Art. II(16), 2-28-02)