Penalties.

A. 

No provision of this Ordinance shall be deemed to bar or otherwise limit the right of the City to seek or obtain judicial relief from a violation of any provision of the Franchise or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in this Ordinance nor the exercise thereof shall be deemed to bar or otherwise limit the right of the City to recover monetary damages, except, where liquidated damages are otherwise prescribed, for such violation by the Grantee or judicial enforcement of the Grantee's obligations by means of specific performance, injunction relief or mandate, or any other remedy available contractually, at law or in equity.

B. 

Unless otherwise provided, any person convicted of violating any provision of this Ordinance or any rule or regulation promulgated hereunder shall, upon conviction, be subject to a fine not to exceed five hundred dollars ($500) for each offense. Each day of a continuing violation shall constitute a separate and distinct offense.

C. 

By acceptance of the Franchise, each Grantee shall agree that failure to comply with any time and performance requirements, as stipulated in this Ordinance and the Franchise Agreement, will result in damage to the City, and that it may be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; therefore, the applicable Franchise Agreement shall include provisions for liquidated damages to be paid by the Grantee, in amounts set forth in the applicable Franchise Agreement and chargeable to a security fund therein created.

D. 

If the City concludes that a Grantee is liable for contractual penalties pursuant to this Section, it shall issue to Grantee, by certified United States mail, a notice of intention to assess contractual penalties. The notice shall set forth the basis for the assessment and shall inform the Grantee that contractual penalties will be assessed from the date of the notice, unless the assessment notice is appealed for hearing before the Common Council and the Common Council rules that the violation did not occur or that an extension of time or other relief should be granted. A Grantee desiring a hearing before the Common Council shall send a written notice of appeal by certified United States mail to the City within fifteen (15) calendar days of the date on which the City sent the notice of intention to assess contractual penalties. Such notice of appeal shall contain a brief statement of Grantee's basis for appeal.

The hearing on Grantee's behalf shall be within forty (40) calendar days of the date on which the City sent the notice of intention to assess contractual penalties. Unless the Common Council indicates to the contrary, said contractual penalties shall be assessed beginning with the date on which the City sent the notice of the intention to assess contractual penalties and continuing thereafter, until such time as the violation ceases, as determined by the City.