(A) Penalties. For the violation of any of the following provisions of this chapter, as amended from time to time, or the franchise agreement, penalties may be levied against the grantee and shall be paid by the grantee and, if not so paid, shall be chargeable to the letter of credit or cash security deposit, as follows:
(1) Failure to furnish, maintain, or offer all cable services to any potential subscriber within the Municipality upon order of the Municipality: $250 per day, per violation, for each day such failure occurs or continues;
(2) Failure to obtain or file evidence of required insurance, construction bond, performance bond, or other required financial security: $200 per day, per violation, for each day such failure occurs or continues;
(4) Failure to comply with applicable construction, operation, or maintenance standards: $200 per day, per violation, for each day such failure occurs or continues;
(5) Failure to comply with a rate decision or refund order: $300 per day not stayed, per violation not stayed, for each day such a violation occurs or continues;
(7) Any other violations of this chapter: not less than $50 per day to a maximum of $750 per day, per violation, for each day such violation occurs or continues, and the governing body of the Municipality may determine the amount of the penalty for other violations which are not specified in a sum not to exceed $750 for each violation, with each day constituting a separate violation.
(B) Procedures.
(1) Whenever the Municipality determines that the grantee has violated any term, condition or provision of this chapter or the franchise agreement, and determines it appropriate to impose monetary penalties, a written notice shall be given to the grantee informing it of such alleged violation or liability. The written notice shall describe in reasonable detail the specific violation so as to afford the grantee an opportunity to remedy the violation. The grantee shall have 30 days notice subsequent to the date of such notice in which the grantee shall have the opportunity to cure the violation before the Municipality may impose penalties unless the violation is, in the opinion of the Municipality, of such a nature so as to require more than 30 days and the grantee proceeds, immediately upon receipt of such notice, and continuously, and diligently, to cure the violation. In any case where the violation is not cured within 30 days of notice from the Municipality, or such other time to which the grantee and the Municipality may mutually agree, the Municipality may proceed to impose penalties and to exercise any other remedy provided in this chapter or the franchise agreement.
(2) The grantee may, within ten days of receipt of notice, notify the Municipality that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by the grantee to the Municipality shall specify with particularity the matters disputed by the grantee and shall stay the running of the 30 day cure period pending decision by the governing body as required below. The governing body shall hear the grantee's dispute. The grantee must be given at least five days notice of the hearing. At the hearing, the grantee shall be entitled to the right to present evidence and the right to be represented by counsel. In the event the Municipality upholds the finding of a violation, the grantee shall have 15 days thereafter or the remaining time period set in subsection (1) above, whichever is longer, or such other time period as the grantee and the Municipality mutually agree, to correct the violation. In any case where the violation is not cured within 30 days of notice from the Municipality, or such other time to which the grantee and the Municipality may mutually agree; the Municipality may proceed to impose penalties retroactive to the date of notice to cure the violation(s) and to exercise any other remedy provided in this chapter or the franchise agreement.
(3) The rights reserved to the Municipality under this section are in addition to all other rights of the Municipality whether reserved by this chapter or authorized by law or equity, and no action, proceeding or exercise of a right shall affect any other right the Municipality may have.
(Ord. 767, passed 4-25-00)