§ 15. Enforcement remedies.

(a)

In addition to any other remedies available at law or equity or provided in this appendix, the town may apply any one or combination of the following remedies in the event a registrant violates this appendix, or applicable local law or order related to use of the public rights-of-way:

(1)

Failure to comply with the provisions of this appendix or other law applicable to users and/or occupants of the public rights-of-way, may result in imposition of penalties to be paid by the registrant to the town in an amount of not less than $100.00 per day or part thereof that the violation continues.

(2)

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 town in an amount of not less than $1,000.00 per day or part thereof that the violation continues.

(3)

In addition to or instead of any other remedy, the town may seek legal or equitable relief from any court of competent jurisdiction.

(b)

Before imposing a fine pursuant to this section, the town shall give written notice of the violation and its intention to assess such penalties, which notice shall contain a description of the alleged violation. Following receipt of such notice, the registrant shall have 30 days to either: (1) cure the violation and the town shall make good faith reasonable efforts to assist in resolving the violation, or (2) file an appeal in accordance with subsection 8(p). If the violation is not cured within that 30-day period, and no appeal is filed, the town may collect all liens owed, beginning with the first day of the violation, either by removing such amount from the security fund or through any other means allowed by law.

(c)

In determining which remedy or remedies are appropriate, the town shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the town determines are appropriate to the public interest.

(d)

Failure of the town to enforce any requirements of this appendix shall not constitute a waiver of the town's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.

(e)

In any proceeding before the town commission wherein there exists an issue with respect to a registrant's performance of its obligations pursuant to this appendix, the registrant shall be given the opportunity to provide such information as it may have concerning its compliance with the terms of the ordinance. The town commission may find a registrant that does not demonstrate compliance with the terms and conditions of this appendix in default and apply any one or combination of the remedies otherwise authorized by this appendix.

(f)

The town manager or his/her designee shall be responsible for administration and enforcement of this appendix, and is authorized to give any notice required by law.

(g)

Nothing in this appendix shall affect the remedies the registrant has available under applicable law.

(Ord. No. 01-3, § 1, 10-19-01)