[Ord. No. 1681 §1(5.1), 12-17-2001]
The City shall be responsible for the continued administration
of this Code and any agreement or franchises granted hereunder. The
City may delegate this authority from time to time in any manner consistent
with applicable law, provided however, that the City shall not delegate
enforcement authority.
[Ord. No. 1681 §1(5.2), 12-17-2001]
Unless otherwise provided herein or by a generally applicable
administrative appeal process, a provider may appeal any decision
of the City pursuant to this Code to the Governing Body of City within
fifteen (15) days of such decision where, upon written request of
the provider specifying this provision and including the details of
the alleged claim, an evidentiary hearing shall be held on such appeal.
[Ord. No. 1681 §1(5.3), 12-17-2001]
A provider shall not be relieved of its obligation to comply
with any of the provisions of this Code or its applicable agreement
or franchise by reason of any failure of the City to enforce prompt
compliance.
[Ord. No. 1681 §1(5.4), 12-17-2001]
Any person violating any provision of this Code shall be subject
to a fine of five hundred dollars ($500.00) per day per violation.
The payment of such fine notwithstanding, all such violators shall
be subject to all other applicable provisions of this Code to the
fullest extent allowed by law including, but not limited to, the payment
of a use fee or franchise fee.
[Ord. No. 1681 §1(5.5), 12-17-2001]
All public notices or ordinances required to be published by
law shall be published in the official newspaper of the City. A grantee
shall be responsible for all costs of publication that may be required
with respect to its agreement or franchise or any amendments thereto.
[Ord. No. 1681 §1(5.6), 12-17-2001]
If any material Section of this Code or an agreement or franchise
granted pursuant to it is held by a governmental authority of competent
jurisdiction to be invalid or unlawful as conflicting with applicable
laws now or hereafter in effect, or is held by a court or competent
governmental authority to be modified in any way in order to conform
to the requirements of any such applicable laws, such provision shall
be considered a separate, distinct and independent part of the Code,
agreement or franchise and, to the extent possible, such holding shall
not affect the validity and enforceability of all other provisions
there.
