§ 14-111. Enforcement remedies.

(a)

Nothing in this article shall affect or limit the remedies the city has available under applicable law. In addition to any other remedies available at law, including but not limited to the city Code, F.S. § 166.0415 (municipalities) and Ch. 162, (municipalities and counties), or equity or provided in this subsection, or this Code, the city may apply any one (1) or combination of the following remedies in the event a person violates this article, or applicable law or order related to the public rights-of-way.

(b)

In addition to the city's ability to terminate a registration pursuant to this article or to deny, suspend or revoke permits, the failure to comply with the provisions of this article or other law applicable to occupants of the public rights-of-way may result in the city pursuing all available remedies including the city's code enforcement process and the imposition of penalties to be paid by the responsible person to the city in an amount of not less than two hundred fifty dollars ($250.00) per day or part thereof that the violation continues for the first violation, or an amount of not less than five hundred dollars ($500.00) per day or part thereof for a repeat violation. A registrant's or person's failure to obtain a permit before commencing work, except where a permit is not required pursuant to this article, may result in imposition of penalties to be paid to the city in an amount of not less than two hundred fifty dollars ($250.00) per day or part thereof that the violation continues for the first violation, or an amount of not less than five hundred dollars ($500.00) per day or part thereof for a repeat violation.

(c)

In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction.

(d)

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 to prevent further violations, and such other matters as the city determines are appropriate to the public interest.

(e)

Failure of the city to enforce any requirements of this article shall not constitute a waiver of the city's rights. Nothing herein shall waive the city's code enforcement authority, including but not limited to, establishing liens on a violator's property.

(f)

In any proceeding before the city where there exists an issue with respect to a registrant's performance of its obligations, the registrant shall be given the opportunity to provide such information concerning its compliance with the terms and conditions of this article. The city may find a registrant that does not demonstrate compliance with the terms and conditions of this article in default and apply any one (1) or combination of the remedies otherwise authorized by this section.

(g)

Force majeure. In the event a registrant's performance of or compliance with any of the provisions of this article is prevented by a force majeure cause or event not within the registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result, provided, however, that such registrant uses all practicable means to cure or correct any such inability to comply expeditiously.

(Ord. No. 18-15 , § 2, 11-13-18)