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<br />Sec. 39. <br /> <br />Civil Penalties. <br /> <br />In addition to any other judicial or administrative remedies or penalties provided by <br />law, rule, regulation or ordinance, any person who violates any of the provisions of this <br />article, any cease and desist order of the Director, any notice to correct a violation or any <br />assurance of voluntary compliance pursuant to Section 8A-82.1 of the Code and this <br />Article with respect to matters regulated under this Article or any other lawful order of the <br />Director or any condition, limitation, or restriction of a telecommunications license issued <br />by the Director, shall be subject to the judicial imposition and recovery of a civil penalty in <br />an amount of not more than ten thousand dollars ($10,000.00) per offense. Each day during <br />any portion of which such violation occurs or continues to occur constitutes a separate <br />offense. Such monies recovered by the Director shall be deposited in a separate City fund <br />to be used exclusively for enforcement of this Article. For purposes of this Article, all <br />references to Chapter 8A in Section 8A-82.1 shall mean this Article. <br /> <br />Sec. 40. <br /> <br />Enforcement Procedure: Remedies: <br /> <br />(a) <br /> <br />It shall be unlawful for any person to violate any of the provisions of this <br />article. In addition to any other judicial or administrative remedies provided <br />by law, rule, regulation, ordinance, or this article, the Director shall have the <br />following judicial remedies available to enforce the provisions of this <br />article: <br /> <br />(1) The Director may institute a civil action III a court of <br />competent jurisdiction to seek temporary or permanent <br />declaratory or injunctive relief to enforce compliance with or <br />prohibit the violation of any of the provisions of this article. <br /> <br />(2) The Director may institute a civil action in a court of <br />competent jurisdiction to impose and recover a civil penalty <br />in an amount of not more than ten thousand dollars <br />($10,000.00) for each violation of any of the provisions of <br />this article. Each day during any portion of which such <br />violation occurs or continues to occur constitutes a separate <br />violation. The right of trial by jury shall be available in any <br />court to determine both liability for and the amount of the <br />civil penalties to be imposed and recovered hereunder. <br /> <br />(3) The Director may institute a civil action in a court of <br />competent jurisdiction to seek restitution and other equitable <br />relief to recover any sums and costs expended by the <br />Director for tracing, investigating, preventing, controlling, <br />abating or remedying any violation of any of the provisions <br />of this article. <br /> <br />Telecommunications Right-of-Way Ord. <br />LMD:ch/pwalker <br />4/5/00 - 12:41 PM <br /> <br />21 <br />