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 Miami Beach
 Code of Ordinances
 SubPart A. GENERAL ORDINANCES
 Chapter 22. CABLE COMMUNICATIONS

  § 22-33. Enforcement remedies.  

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  • (a)

    In addition to any other remedies available at law or equity or provided herein under section 22-18, the city may apply any one or combination of the following remedies in the event a franchisee violates this chapter, its franchise agreement, applicable Federal or state law, or applicable local law or order:

    (1)

    Impose liquidated damages in such amount, whether on a per-diem, per-incident, or other measure of violation, as provided in the franchise agreement. Payment of liquidated damages by the franchisee will not relieve the franchisee of its obligation to comply with the franchise agreement and the requirements of this chapter.

    (2)

    Revoke the franchise pursuant to the procedures specified in section 22-24 hereof.

    (3)

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

    (b)

    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 to the public interest.

    (c)

    Failure of the city to enforce requirements of a franchise 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.

    (d)

    In any proceeding wherein there exists an issue with respect to a franchisee's performance of its obligations pursuant to this chapter, the franchisee has, throughout any such proceedings and appeals thereof, the burden of proving that said franchisee is in compliance with the terms of the ordinance. The city commission may find a franchisee 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. 2001-3289, § 33, 1-10-01)