Enforcement remedies.
Cape Coral Code of Ordinances § 15-22
in effect§ 15-22 - Enforcement remedies.
(a) In addition to any other remedies available at law or equity or provided herein, the city may apply any one or combination of the following remedies in the event a franchisee violates this article, its franchise agreement, applicable state or federal law, or applicable local law or order:
(1) Impose liquidated damages in an amount, whether on a per diem, per incident or other measure of violation, as provided in this article or in a 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 article;
(2) Impose as liquidated damages a fine in an amount not less than $1,000 per day for failure to obtain a franchise agreement from the city pursuant to this article;
(3) Impose as liquidated damages a fine in the amount of $350 per day per violation for material failure to comply with any provision of this article, except as otherwise provided for in § 15-18 above or as otherwise provided for in a franchise agreement;
(4) In the event of a material failure to comply with the provision of this article, revoke the franchise pursuant to the procedures specified in § 15-25 below hereof; and/or
(5) 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 other like matters as the city determines are appropriate to the public interest.
(c) Notwithstanding anything to the contrary, a franchisee's failure to comply with §§ 15-13 or 15-15 above may result in the assessment of liquidated damages in the amount of $750 per day for each day the violation continues.
(d) Failure of the city to enforce any requirements of a franchise agreement or this article 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.
(e) In any proceeding wherein there exists an issue with respect to a franchisee's performance of its obligations pursuant to this article, the franchisee shall provide information as it may have concerning its compliance with the terms of this article. The City Council may find a franchisee that does not demonstrate compliance with the terms and conditions of this article in default and apply any one or combination of the remedies otherwise authorized by this article.
(f) Notwithstanding anything to the contrary, and notwithstanding being subjected to a fine or refund requirement, franchisee shall be obligated to cure, or take all reasonably practicable steps to cure, any violation of this article or of any franchise agreement granted hereto within 30 days after receipt of notice from the city of the alleged violation. If the alleged violation is not cured within that period, the city may exercise all rights and remedies available pursuant to this article, or applicable law, or the franchise agreement.
(Ord. 90-00, § 3, 9-11-2000)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH15FR_ARTICACO_S15-22ENREFetched: 11/4/2026