§ 58-38. Penalty.

(a)

False complaints against franchisees. Whoever violates section 58-141(t)(8) shall be subject to a fine in the amount of $50.00 for the first violation and $100.00 for each subsequent violation.

(b)

Enforcement against franchisees.

(1)

In addition to any other remedies available at law or equity or provided in this article, or in any franchise agreement, the village may impose a fine in the amount of $250.00 per violation per day or part thereof for any violation of this article.

(2)

Before imposing a fine pursuant to this subsection (b), the village shall give the franchisee written notice of the violation and its intention to assess such damages, which notice shall contain a specific description of the alleged violation. Whenever practicable, the franchisee shall have 30 calendar days after notice to cure the violation and the village shall make good faith reasonable efforts to assist the franchisee in resolving the violation. If the violation is not cured within that 30-day period, the village may collect all fines owed, beginning with the first day of the violation, either by removing such amount from the security fund or through any other means allowed by law.

(3)

In addition to any other remedies available at law or equity or provided in this article or in any franchise agreement, the village may apply any one or combination of the following remedies in the event a franchisee violates this article or its franchise agreement:

a.

The franchisee's failure to comply with section 58-112(1), (2) and (3) shall result in imposition of fines to be paid by the franchisee to the village in an amount of $1,000.00 per day or part thereof that the violation continues.

b.

The village may revoke the franchise pursuant to the procedures specified in section 58-91.

c.

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

(4)

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.

(5)

Subject to applicable law, failure of the village to enforce any requirements of a franchise agreement or this article 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.

(6)

In any proceeding wherein there exists an issue with respect to a franchisee's performance of its obligations pursuant to this article, the franchisee has, throughout any such proceedings and appeals thereof, the burden of proving that the franchisee is in compliance with the terms of the article. The council may find a franchisee that does not demonstrate compliance with the terms and conditions of this article in default and apply any one or combination of the remedies otherwise authorized by this article.

(Ord. No. 00-10, § 36, 11-9-2000)