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The town engineer shall enforce all provisions found in this chapter against any person except where a person has a franchise agreement with the town with different or conflicting provisions. In such case, the franchise agreement shall control. A person who fails to comply with this chapter is subject to the following penalties:

A. It is a violation of this chapter to maintain overhead electric distribution lines or telecommunication lines including circumstances governed by title 9 of this Code.

B. It is a violation of this chapter if a person fails to relocate facilities within the time frames established by this chapter or, if an extension is granted, as set forth in the extension granted in writing by the town engineer.

C. Any person found in violation of this section shall be subject to a fine of up to two thousand six hundred fifty dollars ($2,650.00) per day for each day in which the facilities remain in place. In addition to the penalties in this chapter, the town may seek any appropriate remedy, including delay damages and equitable relief to secure compliance with this chapter and to preserve the town's interest in town streets or other town property.

D. After providing notice and the opportunity for relocation, if a person fails to comply with the terms and conditions of this chapter and any permits issued, the town may cause any work to be done to relocate any facilities and bill the person for the cost of repair. In circumstances where the town causes such work to be done, the town shall not be liable for the work. (Ord. 20, Series 2022)