§ 23.20. Liquidated Damages.

A.

In addition to any other rights or remedies available at law or equity or as otherwise provided in this Chapter, the City shall have the power to impose the following monetary liquidated damages in the event the Communications Services Provider violates any provision of the Orlando Communications Right-of-Way Utilization Ordinance. The Communications Service Provider is required to pay City the monetary liquidated damages within ten (10) days from the date of written notification for payment thereof in accordance with the schedule set forth below. Any such liquidated damages shall be recoverable from the Security Fund at the option of the City.

1.

Failure to obtain an Engineering Permit for the placement or maintenance of Facilities in the Public Rights-of-Way, or a violation of any permit condition—One Hundred Dollars ($100.00) per occurrence.

2.

Failure to complete construction for the placement of a Communications Facility in the Public Rights-of-Way within 180 days of the issuance by the City of the applicable Engineering Permit, unless a longer period of time has been granted by the City—One Hundred Dollars ($100.00) per day thereafter.

3.

Failure to properly restore the Public Rights-of-Way to their original condition following completion of the placement or maintenance of a Communications Facility in the Public Rights-of-Way—One Hundred Dollars ($100.00) per day.

4.

Failure to adhere to the permitting, inspection and installation standards and requirements—One Hundred Dollars ($100.00) per occurrence.

5.

Failure to remove or relocate, either temporarily or permanently, Facilities as required pursuant to this Chapter 23—One Hundred Dollars ($100.00) per day.

6.

Failure, in an emergency, to repair, relocate, shut off or eliminate Facilities or harmful conditions as required under paragraphs 10 and 11 of Section 23.06.B.—Five Hundred Dollars ($500.00) per occurrence.

7.

Failure to move above-ground Facilities or equipment to new poles or other above-ground structures as required pursuant to this Chapter 23—One Hundred Dollars ($100.00) per day.

8.

Failure to pay for, keep or maintain on file the required insurance or to provide evidence thereof to the City—Five Hundred Dollars ($500.00) per occurrence.

9.

Failure to supply As-Builts in accordance with this Chapter 23 in connection with placement or maintenance of Communications Facilities in the Public Rights-of-Way—One Hundred Dollars ($100.00) per day.

10.

Failure to comply with any other material requirements contained in this Chapter—up to One Hundred Dollars ($100) per day.

B.

Before imposing any liquidated damages assessment pursuant to this Section, the City Engineer shall give written notice of violation to the Communications Services Provider and the City's intention to assess liquidated damages, which notice shall set forth with reasonable specificity the circumstances and the nature of the alleged violations(s). Following receipt of such notice, the Communications Services Provider shall have thirty (30) days to either (i) correct the alleged violation to the City's satisfaction or (ii) file a notice of appeal in accordance with Section 23.11 to contest the alleged violation. If no appeal has been timely filed and the alleged violation has not been corrected after the thirty (30) days, the City may collect liquidated damages and the same shall be deemed to have begun to accrue from the dated date on the written notice of violation and shall continue to accrue until such time as the violation is corrected or otherwise resolved to the satisfaction of the City Engineer. The enforcement of collection of liquidated damages may be through any means allowed under the laws of the State of Florida.

C.

It is the intent of the City to impose the applicable above referenced assessments as a reasonable estimate of the damages suffered by the City, whether actual or potential, and may include without limitation, increased costs of administration and other damages too difficult to measure. The City Council reserves the right to amend the assessment amounts or to adopt further assessments for violations not specifically set forth herein.

D.

The procedure, rights and remedies set forth in this section are not exclusive. Alternative remedies that are not set forth in this section may be pursued simultaneously or subsequently. Use by the City of the liquidated damages provisions set forth in this section shall not constitute a waiver of any such alternative remedies.

E.

Nothing herein shall be construed as affecting in any manner whatsoever the rights of third parties to any relief available for damages or injury suffered as a result of alleged violations of this Chapter.

(Ord. of 6-18-2001, § 2, Doc. #33875)