In addition to any other remedies available
at law or equity, the Township may apply any one or a combination
of the following remedies in the event a franchisee violates this
chapter, its franchise agreement, or applicable state or federal law:
[Amended 3-24-1997 by Ord. No. 97-5[1]]
In addition to any other remedy available under
this chapter, any person who violates or permits the violation of
any provision of this chapter shall be subject to a fine in an amount
not to exceed $600, plus all court costs, including reasonable attorneys'
fees, incurred by the Township. Each twenty-four-hour period that
a violation of this chapter continues shall constitute a separate
offense. All fines and penalties collected for the violation of this
chapter shall be paid over to the Township Treasury. If the penalty
imposed for the violation of this chapter is not voluntarily paid
to the Township, the Township shall initiate a civil enforcement proceeding
before a Magisterial District Judge. Upon a finding of liability for
committing said violation, or permitting said violation, in such civil
enforcement proceeding commenced by the Township, the defendant shall
pay the fine, together with additional daily penalties for continuing
violations, plus costs and attorneys' fees. No judgment shall be imposed
until the date of determination of a violation by a Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure.
In determining which remedy or remedies are
appropriate, the Township 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 Township determines are
appropriate to the public interest.
