§ 17-73. Enforcement remedies.

(a)

In addition to any other remedies available at law, including but not limited to F.S. § 166.0415, and F.S. ch. 162, or in equity or as provided in this Ordinance, the Village may apply any one or combination of the following remedies in the event a Registrant violates this Ordinance, or applicable local law or order related to the Public Rights-of-Way:

(1)

Failure to comply with the provisions of the Ordinance or other law applicable to occupants of the Public Rights-of-Way, may result in imposition of penalties to be paid by the Registrant to the Village in an amount of not less than $250.00 per day or part thereof that the violation continues.

(2)

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

(b)

Before imposing a fine pursuant to subsection (a)(1) of this section, the Village shall give Written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the Registrant shall have 30 days to either: (a) cure the violation to the Village's satisfaction and the Village shall make good faith reasonable efforts to assist in resolving the violation; or (b) file an appeal with the Village to contest the alleged violation. Section 17-65 shall govern such appeal. If no appeal is filed and if the violation is not cured within the 30-day period, the Village may collect all fines owed, beginning with the first day of the violation, through any means allowed by law.

(c)

In determining which remedy or remedies are appropriate, the Village 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 in order to prevent further violations, and such other matters as the Village determines are appropriate to the public interest.

(d)

Failure of the Village to enforce any requirements of this Ordinance shall not constitute a waiver of the Village's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.

(e)

In any proceeding before the Village where there exists an issue with respect to a Registrant's performance of its obligations pursuant to this Ordinance, the Registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms and conditions of this Ordinance. The Village may find a Registrant that does not demonstrate compliance with the terms and conditions of this Ordinance in default and apply any one or combination of the remedies otherwise authorized by this Ordinance.

(f)

The Village Manager or designee shall be responsible for administration and enforcement of this Ordinance, and is authorized to give any notice required by law.