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(d) Before imposing a fine, the City shall give written notice of the violation and its <br /> intention to assess such penalties, which notice shall contain a description of the <br /> alleged violation. Following receipt of such notice. the person shall have 30 days <br /> either to: <br /> i. Cure the violation to the City's satisfaction, and the City shall make good <br /> faith reasonable efforts to assist in resolving the violation: or <br /> ii. File an appeal with the City to contest the alleged violation pursuant to this <br /> Section, which shall govern such appeal. If no appeal is filed and if the <br /> violation isnot cured within the 30-day period, the City may collect all fines <br /> owed, beginning with the first day of the violation. through any means <br /> allowed by law. <br /> In determining which remedy or remedies are appropriate, the City or hearing officer <br /> shall take into consideration the nature of the violation, the person or persons bearing <br /> the impact of the violation, the nature of the remedy required to prevent further <br /> violations, and such other matters as the City or hearing officer determines are <br /> appropriate to the public interest. <br /> (f) Failure of the City to enforce any requirements of this Ordinance shall not constitute <br /> a waiver of the City's rights. Nothing herein shall waive the City's code enforcement <br /> authority. including but not limited to. establishing liens on a violator's property. <br /> (g) In any proceeding before the City where there exists an issue with respect to a <br /> registrant's performance of its obligations, the registrant shall be given the <br /> opportunity to provide such information concerning its compliance with the terms <br /> and conditions of this Ordinance. The City may find a registrant that does not <br /> demonstrate compliance with the terms and conditions of this Ordinance in default <br /> and apply any one or combination of the remedies otherwise authorized by this <br /> Section. <br /> (h) Force majeure. In the event a registrant's performance of or compliance with any of <br /> the provisions of this Ordinance is prevented by a force majeure cause or event not <br /> within the registrant's control. such inability to perform or comply shall be deemed <br /> excused and no penalties or sanctions shall be imposed as a result, provided, <br /> however. that such registrant uses all practicable means to cure or correct any such <br /> inability to comply expeditiously. <br /> Sec. 129-73. —Insurance. Reserved. <br /> A registrant shall comply with § 129 17 of Article II, Telecommunications Rights of Way, <br /> of this chapter. <br /> Sec. 129-74. — Indemnification. Reserved. <br /> 71 <br /> City of Sunny Isles Beach CROW Ordinance 10-17-18 <br />