§ 5.12.530. Penalties, fines, and other monetary sanctions.

A.

Penalties. In addition to any other remedies provided for in this chapter or otherwise available by law, the county shall have the power to impose civil penalties in the event a franchisee violates any provision of this chapter, a franchise, or any regulation lawfully adopted thereunder. The amounts of such penalties shall be based on the following principles.

1.

Penalties shall exceed the financial benefits to a franchisee delaying or failing to comply with the applicable requirement;

2.

Even where such benefits are not easily discernible, the penalties shall be high enough to have a significant deterrent effect on a franchisee; and

3.

Penalties shall be sufficient to protect the county and other affected parties against loss of revenues resulting from violations.

B.

Other Monetary Sanctions. A franchise shall also provide for liquidated damages and other monetary sanctions, the amounts of which shall also reflect the foregoing principals.

C.

Private Suit Against Franchisee.

1.

Any person or organization adversely affected by a violation, or by a pattern and practice of violations, shall have the right to sue a franchisee in a court of competent jurisdiction for damages and for injunctive and other relief to require enforcement of the franchise. Organizations shall be entitled to sue on behalf of themselves or their members.

2.

The remedy herein provided shall be in addition to any other remedies provided by law.

3.

Except in emergency situations in which immediate relief is required, private litigants shall notify the county counsel not fewer than ten days prior to filing suit. However, suit by the county shall not preempt the private litigant's right to proceed.

D.

Except as otherwise provided herein, any person who violates any provisions of this chapter shall be subject to a monetary penalty in an amount determined pursuant to the principles in subsection (A) of this section.

(Ord. 1262 § 2 (part), 2005)