12-28.13 Penalties for Violations of Standards.
a. The City shall enforce the provisions of subsection 12-28.12.
b. The City shall give the State franchise holder written notice of any alleged material breach of the customer service standards and allow the State franchise holder at least thirty (30) days from receipt of the notice to remedy the specified material breach.
c. For material breaches, as defined in DIVCA Section 5900, by a State franchise holder of applicable customer service and consumer protection standards, the City may impose the following penalties:
1. For the first occurrence of a material breach, a fine of $500.00 may be imposed for each day the violation remains in effect, not to exceed $1,500.00 for each violation.
2. For a second material breach of the same nature within twelve (12) months, a fine of $1,000.00 may be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each violation.
3. For a third material breach of the same nature within twelve (12) months, a fine of $2,500.00 may be imposed for each day the violation remains in effect, not to exceed $7,500.00 for each violation.
d. Any penalties imposed by the City shall be imposed in a manner consistent with DIVCA Section 5900.
e. The City Manager is authorized to provide any notices required under DIVCA Section 5900. The City Manager may coordinate with the Division of Ratepayer Advocate to protect consumers in the City.
f. A State video franchise holder may appeal a penalty assessed by the City Manager to the City Council within sixty (60) days of the initial assessment. The City Council shall hear the matter consistent with the provisions contained in Article 18-36 of this Municipal Code. (Ord. #2013-163, S11)