59-16 Enact Ch 904 Use of Public Right of Way by Service Providers

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mail, postage prepaid, and the letter is then returned showing that the letter was not delivered, or is not returned within fourteen (14) days after the date of mailing, then notice shall be posted in a con- spicuous place in or about the structure, building, premises, or property affected by such notice. 904.99 PENALTIES AND OTHER REMEDIES. (a) Criminal Penalties. Any Person found guilty of violating, disobeying, omit- ting, neglecting or refusing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor of the fourth (4th) degree. A sepa- rate and distinct offense shall be deemed committed each day on which a violation occurs or continues. (b) Civil Violations and Forfeiture. (1) In lieu of the criminal penalties set forth above, the Director may make an initial finding of a civil violation by any Person for violating, diso- beying, omitting, neglecting or refusing to comply with any of the pro- visions of this chapter. (2) The Civil Forfeiture shall be in an amount payable to the City of not less than $100.00 nor more than $500.00 for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues. (3) An action for civil forfeiture shall be commenced by the Director providing the violating Person with written notice describing in reason- able detail the alleged violation of one or more provisions of this chap- ter and the amount of the penalty that will be assessed against it. (4) The violating Person shall have fifteen (15) days, or other period of time as specifically set forth in this chapter for the violation, subse- quent to receipt of the notice of violation in which to correct the viola- tion before the City may assess penalties against the violating Person. The time in which to cure the violation may be extended by the City if additional time is required to correct the violation; provided that the vi- olating Person commences corrective action within seven (7) days of the notice of violation and proceeds with reasonable diligence. (5) The Person may dispute the alleged violation as set forth in Subsection (c) of this Section 904.99. (6) If the Mayor finds after hearing that the alleged violation(s) did occur, the penalty shall be assessed starting from the day upon which the peri- od allowed to cure the violation terminated and shall continue until the violation has been corrected. (c) Appeals. Any notice of violation or determination of a denial of an applica- tion or registration under this chapter may be appealed by filing a written request for a hearing by the Mayor within fifteen (15) days from the date that such notice of violation or determination is received by the alleged vio- lator, unless the provisions of this chapter otherwise set forth a different time period for filing an appeal. Upon receipt of such a request, the Mayor shall set a time and place for such hearing and shall cause notice thereof to be given to such person, in accordance with 904.11(e), not less than five (5) {02299394 - 1)