Ordinance 2018-531 - Laserfiche WebLink

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(1) The Director may institute a civil action in a court of competent jurisdiction to seek temporary or permanent declaratory or injunctive relief to enforce compliance with or prohibit the violation of any of the provisions of this article. (2) The Director may institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty in an amount of not more than $10,000 for -ach violation of any or continues to occur constitutes a separate violation. The right of trial by jury shall be available in any court to determine both liability for and the amount of the civil penalties to be imposed and recovered hereunder. (3) The Director may institute a civil action in a court of competent jurisdiction to seek restitution and other equitable relief to recover any sums and costs expended by the Director of the provisions of this article. B. Upon the rendition of a judgment or decree by any of the courts of this state against any person of an appeal in which the Director prevails, the appellate court, shall adjudge or decree against said attorney prosecuting the suit in which the recovery is had. Where so awarded, compensation or fees of the attorney shall be included in the judgment or decree rendered in the case. This provision shall apply to all civil actions, legal or equitable, filed after the effective date of this article by the Director. C. All the judicial and administrative remedies in this article are independent and cumulative. § 129 61. Prior franchise agreements. Reserved. This article shall not apply to any previous telecommunications franchise agreements or ordinances except to the extent the-previsions of this a-r icle de not conflict with the prior nehise ordinance. To the extent of any conflict the existing ordinance applies until the term of the franchise expires. SECTION 3. Chapter 129 Amended. The City Commission hereby amends Chapter 129, Article III, Sections 129-62 — 129-81 of the Code of Ordinances, City of Sunny Isles Beach, Florida, as follows2: ARTICLE III—COMMUNICATIONS RIGHTS-OF-WAY Sec. 129-62.- Title. This article chapter shall be known and may be cited as the "City of Sunny Isles Beach Communications Rights-of-Way Ordinance." Sec. 129-63. In-tent-and Purpose. It is the intent of the City to promote the public health, safety and general welfare by providing for the placement of maintenance o . •. . ' • - - .. . • rights of way within the City; adopting and administering reasonable rules and regulations not inconsistent with state and federal law, including § 337.401, Florida Statutes (2000), as it may be amended, the City's home rule authority, and in accordance with the provisions of 2 Words strict ough are intended to be deleted; words underlined are intended to be added. 16 City of Sunny Isles Beach CROW Ordinance 10-17-18