5.72.040 Customer service penalties under state video franchises.
A. The holder of a state video 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 his or her designee shall monitor a state video franchise holder’s compliance with state and federal customer service and protection standards. The city will provide to the state video franchise holder written notice of any material breaches of applicable customer service and protection standards, and will allow the state video franchise holder thirty days from receipt of the notice to remedy the specified material breach. Material breaches not remedied within the thirty-day time period will be subject to the following monetary penalties to be imposed by the city in accordance with state law:
1. For the first occurrence of a violation, a monetary penalty of five hundred dollars shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars for each violation.
2. For a second violation of the same nature within twelve months, a monetary penalty of one thousand dollars shall be imposed for each day the violation remains in effect, not to exceed three thousand dollars for each violation.
3. For a third or further violation of the same nature within twelve months, a monetary penalty of two thousand five hundred dollars shall be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred dollars for each violation.
C. A state video franchise holder may appeal a monetary penalty assessed by the city. Such appeal must be filed no later than sixty days after the date of mailing of notification of the penalty or the right to appeal shall be deemed waived. After relevant evidence and testimony is received, and staff reports are submitted, the city council will vote to either uphold or vacate the monetary penalty. The city council’s decision on the imposition of a monetary penalty shall be final. (Ord. 1542 § 1 (part), 2010)