[R.O. 2008 §100.130; Ord. No. 4882 §1, 5-14-1990]
Whenever in this Code or any ordinance of the City any act is
prohibited or is made or declared to be unlawful or an offense, or
whenever in this Code or such ordinance the doing of any act is required
or the failure to do any act is declared to be unlawful, the violation
of any such provision by any person is hereby declared to be an ordinance
violation; and, upon conviction, unless some other penalty is prescribed
in this Code or such ordinance, such person may be punished by a fine
not exceeding five hundred dollars ($500.00) or imprisonment for a
term not exceeding three (3) months, or both such fine and imprisonment
in the discretion of the court having jurisdiction. In any case wherein
the penalty for an offense is fixed by any Statute, the Council shall
affix the same penalty by ordinance for the punishment of such offense.
[R.O. 2008 §100.140; Ord. No. 4882 §1, 5-14-1990]
In addition to the penalties hereinbefore provided, any condition
caused or permitted to continue to exist in violation of any of the
provisions of this Code or any ordinance of the City shall be deemed
a new and separate offense for each day that such condition continues
to exist, and each such offense may be separately punished as hereinbefore
provided.
[Ord. No. 7830 §2, 3-14-2016]
The City shall be entitled to enforce any provision of this
Code through all remedies lawfully available, and any person determined
judicially to have violated the terms of this Code shall further be
liable to pay the City's costs and attorneys' fees in enforcing
such Code provisions. Additionally, any user of City services, rights-of-way
or other City facilities or property shall, as a condition of such
use or continued use, to the full extent permissible by law, be liable
to pay the City's costs and attorneys' fees incurred in
enforcing any lawful requirement applicable to such use, whether arising
in contract, statute, ordinance, or other enforceable duty as to such
use.
[Ord. No. 7830 §2, 3-14-2016]
A.
Any person who fails to hold and maintain a current and valid agreement
with the City to use the City's land or facilities has no right
to holdover and shall be subject to the provisions and City remedies
of this Subsection in addition to all other remedies and penalties
as may otherwise exist in applicable law. Any claimed holdover right
shall be deemed void and terminated upon expiration of a valid use
agreement unless the City has affirmatively in writing authorized
the holdover, or as otherwise may be required by law. Where an agreement,
lease, or other agreement for use of public land or facilities expires,
and in addition to any penalties or other requirements therein, the
licensee during any period without a valid agreement shall, during
any period of unauthorized use:
1.
Indemnify the City from any liability arising from the use;
2.
Pay any damages and costs of the City from such use, including
attorney fees incurred in enforcing this Section; and
3.
Make payment of compensation in the amount of two times the
monthly rent of the last expired agreement, if a holdover, and two
times the market rental value reasonably determined by the City, if
no prior agreement, until a valid agreement is executed with the City
or the attachments and/or use is fully removed, the property restored
and all obligations to the City satisfied.
B.
Unless otherwise provided in an unexpired agreement, the licensee
shall also be responsible for interest on all amounts owed and at
a rate of one and one-half percent (1 1/2%) per month. Nothing
in these provisions, remedies or compensation requirements, or acceptance
or enforcement thereof by the City, shall be deemed to accept or authorize
any use of public property without a required agreement, or after
the expiration of such agreement, or otherwise in violation of applicable
requirements.
