9.58.050 Customer Service Penalties Under State Franchises.
A. The holder of a State Franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service.
B. The City Manager, or their designee, shall monitor the compliance of State Franchisee(s) with respect to state and federal customer service and protection standards. The City Manager, or their designee, shall provide the State Franchisee(s) written notice of any material breaches of applicable customer service standards, and shall allow the State Franchisee(s) thirty (30) days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period shall be subject to the following penalties by the City Manager, or their designee.
1. For the first occurrence of a violation, a fine of $500.00 shall be imposed for each day the violation remains in effect, not to exceed $1500.00 for each violation.
2. For a second violation of the same nature within 12 months, a fine of $1,000.00 shall be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each violation.
3. For a third violation of the same nature within 12 months, a fine of $2,500.00 shall be imposed for each day the violation remains in effect, not to exceed $7,500.00 for each violation.
C. A State Franchisee may appeal a penalty assessed to the City Council within sixty (60) days by providing written notice to the City Manager. Upon receiving the written notice from the State Franchisee, the City Council shall schedule a public hearing to be noticed in a public agenda. In addition, such public notice shall be mailed, not fewer than 14 days prior to the hearing, to any resident that is directly affected by the actions of the State Franchisee which formed the basis for the assessment of penalties by the City Manager. After relevant speakers are heard, and any necessary staff reports are submitted, the City Council will vote to either uphold or vacate the penalty. The City Council’s decision on the imposition of a penalty shall be final. (Ord. 7014-NS § 2, 2008)