In addition to any other remedies available at law or equity, the Town
may pursue the following remedies in the event a grantee or any other person
violates this chapter, its franchise agreement, or applicable state or federal
law. The Town may:
A. Seek a determination from a court of competent jurisdiction
that a provision of this chapter has been violated. If such a violation is
found to exist by the court the minimum fine imposed shall be $50 and the
maximum fine imposed per violation shall be $250. Each day the violation is
found to exist shall constitute a separate violation for which the above-indicated
fine may be assessed. Any violation found to exist on the day of trial may
be found, at a minimum, to have existed from the filing date of the complaint
until the day of trial and the fine assessed accordingly, unless the grantee
affirmatively proves that said violation did not exist during any part of
or all of the aforementioned time period. If the grantee is found by the court
to have been adjudicated in violation of any provision of this chapter on
more than one occasion within two years, whether or not a violation of the
same provision of this chapter, the minimum fine per violation shall be $100
and the maximum fine per violation shall be $500.
B. Seek legal or equitable relief from any court of competent
jurisdiction.
C. Apply any remedy provided for in a franchise agreement,
including enforcing provisions, if any.
The Town's exercise of one remedy or a grantee's payment of liquidated
damages or penalties shall not relieve a grantee of its obligations to comply
with its franchise. In addition, the Town may exercise any rights it has at
law or equity.
Recovery by the Town of any amounts under insurance, the performance bond, the security fund or letter of credit, or otherwise does not limit a grantee's duty to indemnify the Town in any way, nor shall such recovery relieve a grantee of its obligations under a franchise, limit the amounts owed to the Town, or in any respect prevent the Town from exercising any other right or remedy it may have, provided that this section shall not be interpreted as permitting the Town to recover twice for the same damage. In addition, any civil fine imposed pursuant to §
46-39A or other applicable law shall not be treated as a recovery for purposes of this section.