West Palm Beach |
Code of Ordinances |
Chapter 78. STREETS, SIDEWALKS AND PUBLIC PLACES |
Article XI. COMMUNICATIONS SERVICES FACILITIES IN THE PUBLIC RIGHT-OF-WAY |
Division 5. ENFORCEMENT |
§ 78-419. Remedies and enforcement.
(a)
Fines .
(1)
In any proceedings in a court of law or before a special magistrate, a registrant's failure to obtain a permit before commencing work, except in cases of an emergency, may result in imposition of penalties to be paid to the city in an amount of not less than $500.00 per day or part thereof that the violation continues.
(2)
In any proceedings in a court of law or before a special magistrate, a registrant's failure to comply with the provisions of this article, or law applicable to users and/or occupants of the public rights-of-way, including but not limited to maintenance of traffic, restoration and safety requirements, may result in imposition of penalties to be paid by the registrant to the city in an amount of not less than $500.00 per day or part thereof that the violation continues.
(b)
Judicial remedies . In addition to any other remedies provided by this chapter or any other city ordinance, the city shall have judicial remedies available to it for violations of this chapter or any other lawful rule or regulation promulgated hereunder as enumerated below but not limited to:
(1)
The city may institute a civil action in a court of competent jurisdiction to establish liability and to recover damage for any costs incurred by it in conjunction with the abatement of any condition prohibited by the provisions of this chapter.
(2)
The city may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with the terms of F.S. § 337.401 or § 120.69, this article or any rule or regulation promulgated hereunder, to enjoin and prohibit said violation or to compel the performance of actions which will result in compliance with the terms of this chapter.
(c)
These remedies are cumulative and the use of any appropriate remedy shall not constitute an election of other remedies by the city. The use of one remedy shall not preclude the use of any others. The city shall have all rights and remedies available under law or equity.
(Ord. No. 4774-18, § 2, 10-22-2018)