Enforcement remedies

(a)

In addition to any other remedies available at law or in equity, except as otherwise specifically provided in this chapter, or in any license agreement, the city may impose a fine in the amount of $500.00 per violation per day or part thereof for any violation of this chapter.

(b)

In addition to any other remedies available at law or in equity or provided in this chapter or in any license agreement, the city may apply any one or combination of the following remedies in the event a licensee violates this chapter, its license agreement, applicable state or federal law, or applicable local law or order:

(1)

Revoke the license pursuant to the procedures specified in section 11-25 hereof.

(2)

In addition to or instead of any other remedy, the city may seek legal or equitable relief from any court of competent jurisdiction.

(c)

Before imposing any fine pursuant to this section or any other section herein, the city shall give licensee written notice of the violation and its intention to assess such damages, which notice shall contain a specific description of the alleged violation. Following receipt of such notice, licensee shall have 30 calendar days to cure the violation, or to reach agreement with city manager or designee on a program to cure the violation, and the city shall make good faith reasonable efforts to assist the licensee in resolving the violation. If the violation is not cured, or an agreement to cure is not reached, within that 30 day period, the city may collect all fines owed, beginning with the date of the notice of violation by the city, either by removing such amount from the security fund or through any other means allowed by law.

(d)

In determining which remedy or remedies are appropriate, the city 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 city determines are appropriate in the public interest.

(e)

Failure by the city to enforce any requirements of a license agreement or this chapter shall not constitute a waiver of the city's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies.

(f)

In any proceeding wherein there exists an issue, properly noticed by the city pursuant to the terms of this chapter, with respect to a licensee's performance of its obligations pursuant to this chapter or a license agreement, the licensee has, throughout any such proceedings and appeals thereof, the burden of proof that said licensee is in compliance with the terms of the chapter. The city commission may find a licensee that does not demonstrate compliance with the terms and conditions of this chapter in default and apply any one or combination of the remedies otherwise authorized by this chapter.

(Ord. No. 11936, § 3, 6-8-00)