Any person transacting business without a franchise required
by this chapter shall be responsible for a municipal civil infraction,
and shall pay a fine in the following amount:
Any person in violation of the franchise requirement of this
chapter or a franchise issued under it who damages a right-of-way
shall be responsible for restoration of the right-of-way to the condition
that existed prior to the violation. If such person fails or refuses
to restore the right-of-way after 30 days notice from the Township,
and if the Township determines that the civil infraction remedy is
inadequate under the circumstances, the Township may initiate proceedings
in the appropriate court to recover the cost estimated to accomplish
the restoration, or recover such costs as have been actually expended
by the Township in achieving the restoration, as the case may be.
Such costs shall include finance and reasonable administrative costs
estimated or incurred.
Each occurrence of a violation of this chapter, and each day
a violation of this chapter exists, shall constitute a separate offense.
Violations of this chapter or a franchise issued under it are
considered to be a nuisance per se with such violations and correction
of any conditions resulting from violations subject to abatement by
injunctive or other appropriate order by a court of competent jurisdiction.
Violations of this chapter and franchises issued under it subject
the violator to franchise revocation, if applicable, and Township
enforcement through one or more of the remedies provided in this chapter,
and the election by the Township to pursue one form of remedy does
not waive or restrict the Township's option to pursue other remedies
at the same or later time.
