A.
In addition to any other remedies available under this chapter or
at law or equity, the township may apply any one or a combination
of the following remedies in the event a franchisee materially violates
this chapter, its franchise agreement or applicable state or federal
law:
(1)
Impose liquidated damages in the amount of $250 per violation which,
if unpaid, shall be lienable by the township as a municipal claim.
Each day that a violation continues shall be separate violation for
which a separate fine may be imposed. The franchisee shall pay all
fines within 30 days. Payment of such fines by the franchisee will
not relieve the franchisee of its obligation to comply with the requirements
of this franchise.
(2)
In addition to or instead of any other remedy, seek legal or equitable
relief from any court of competent jurisdiction.
(3)
Impose penalties available under state and local law for violation
of township ordinances.
B.
Except as otherwise provided hereunder, prior to applying one or
more of the remedies provided in this section, the Township Manager
shall provide notice to the franchisee identifying the specific nature
of the violation. The franchisee shall, within 30 days, cure the violation,
unless the Township Manager determines that the violation cannot be
reasonably cured within such period. In the event that the violation
is not corrected within 30 days or such longer period determined by
the Township Manager, the township may proceed to apply the remedies
provided in this section as may be appropriate under the circumstances.
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.
