5.58.120 Penalties for violations of standards.
A. The city shall enforce the provisions of Section 5.58.110.
B. The city shall give the video service provider written notice of any alleged material breach of the customer service standards and allow the video provider at least thirty days from receipt of the notice to remedy the specified material breach.
C. For material breaches, as defined in California Public Utilities Code 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 five hundred dollars may 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 material breach of the same nature within twelve months, a fine of one thousand dollars may be imposed for each day the violation remains in effect, not to exceed three thousand dollars for each violation.
3. For a third material breach of the same nature within twelve months, a fine of two thousand five hundred dollars may be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred dollars for each violation.
D. Any penalties imposed by the city shall be imposed in a manner consistent with California Public Utilities Code Section 5900.
E. The city manager is authorized to provide any notices required under California Public Utilities Code Section 5900. The city manager may coordinate with the Division of Ratepayer Advocates 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 days of the initial assessment. (Ord. 664 §2, 2016).