§ 138-4. Enforcement, penalties, violations.

(a)

Authority. The primary authority and responsibility for the enforcement of the provisions of this chapter shall be vested in the commissioner of public works. Upon a determination that a person is in violation of this chapter, the commissioner of public works or his designee shall give notice or issue a citation that indicates they are in violation of a section in this chapter. Should the violation continue after receiving notice of violation, the commissioner of public works or his designee may cite the violator to appear before the judge of the municipal court for a hearing on the charge of violation of this chapter. Upon a finding that a section of this chapter has been violated, the violator shall be subject to one or more of the penalties:

(1)

The revocation or suspension of a license, permit or franchise agreement for access to the public right-of-way after written notice and reasonable opportunity to cure.

(2)

The issuance of a stop work order by the department of public works preventing work on the public streets, public right-of-way or any associated private projects of the city until the conditions outlined in the stop work order are met.

(3)

A fine not exceeding $1,000.00 a day for a violation of a provision of this chapter.

(4)

Imprisonment for a term not exceeding six months.

(b)

Additional penalties. The imposition of any of the foregoing penalties shall not prevent revocation or suspension of a license, permit, franchise, other administrative sanctions or any other relief that may be granted under law.

(c)

Continuous and repeated violations.

(1)

Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief and by such other means as are provided by law. The imposition of a penalty does not prevent equitable relief.

(2)

With respect to violations of this chapter that are continuous with respect to time, each day the violation continues, it is a separate offense.

(Ord. No. 2001-22, § 1, 3-14-01)