4-280-490 Violation – Penalty.
   A.   Penalties. In addition to any other remedies provided for in this chapter or otherwise available by law, the city or the cable administrator shall have the power to impose monetary penalties in the event a grantee violates any provision of this chapter or other provision of the municipal code, a franchise, or any rule or regulation lawfully adopted thereunder. In appropriate circumstances, the city or the cable administrator may precede the issuance of a notice of violation with a reasonable opportunity for the grantee to cure the violation. The amounts of such penalties shall be specified in subsection E. of this section and in the franchise and shall be based on the following principles:
      1.   penalties shall exceed the financial benefits to a grantee delaying or failing to comply with the applicable requirement;
      2.   even where such benefits are not easily discernible, the penalties shall be high enough to have a significant deterrent effect on a grantee; and
      3.   penalties shall be sufficient to protect the city and other affected parties against loss of revenues resulting from violations.
      4.   penalties shall be subject to Article X of this Chapter.
   B.   Other monetary sanctions. A franchise shall also provide for fines, liquidated damages and other monetary sanctions, the amounts of which shall also reflect the foregoing principles.
   C.   Private suit against grantee.
      1.   any person or organization adversely affected by a violation, or by a pattern and practice of violations, shall have the right to sue a grantee in a court of competent jurisdiction for damages and for injunctive and other relief to require enforcement of the franchise. Organizations shall be entitled to sue on behalf of themselves or their members.
      2.   the remedy herein provided shall be in addition to any remedies provided by law.
      3.   except in emergency situations in which immediate relief is required, private litigants shall notify the corporation counsel not fewer than ten days prior to filing suit. However, suit by the city shall not preempt the private litigant's right to proceed.
   D.   It shall be unlawful for any person to attach or affix, or to cause to be attached or affixed, any equipment or device which allows access to or use of the cable television system without payment to the grantee for same.
   E.   Except as otherwise provided herein, any person who violates any provisions of this chapter shall be subject to a fine not to exceed $750.00 for each offense; each day of said violation shall constitute a separate offense, and a separate offense shall be deemed to be committed as to each affected customer.
   F.   Upon the cable administrator's transmittal of a notice of violation to the department of administrative hearings, the department of administrative hearings shall adjudicate the notice of violation in accordance with the provisions of Chapter 2-14.
(Prior code § 113.1-57; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 10-2-02, p. 93682, § 1; Amend Coun. J. 9-5-07, p. 6001, § 2; Amend Coun. J. 4-24-12, p. 23998, § 1)
Editor's note – Coun. J. 4-24-12, p. 23998, § 1, renumbered former § 4-280-490 as § 4-280-410, and renumbered this section, which was formerly § 4-280-570, as § 4-280-490.