Franchisees shall comply with the provisions of section 637.5 of the Penal Code and the privacy standards contained in Section 631 of the federal Cable Act. (47 U.S.C. section 551 et seq.) Franchisees shall also comply with all customer service standards referenced in section 5900 of the Act. The City will enforce, in the manner set forth in section 5900 of the Act, all such customer service standards.
The following schedule of penalties is hereby established for any material breach of applicable customer standards including, but not limited to, section 5900 of the Act, by a franchisee:
(a) Five hundred dollars ($500) per day for each material breach, not to exceed one thousand five hundred dollars ($1,500) for occurrence of a material breach.
(b) If a material breach has occurred and the City has provided notice and a fine or penalty has been assessed, any subsequent breach of the same nature within twelve (12) months, shall be subject to a penalty of up to one thousand dollars ($1,000) for each day of each material breach, not to exceed three thousand dollars ($3,000) for each occurrence of the material breach.
(c) If a third or further material breach of the same nature occurs within those same twelve (12) months, and the City has provided notice and a fine or penalty has been assessed; the penalties shall be increased to a maximum of two thousand five hundred dollars ($2,500) for each occurrence of the material breach, not to exceed seven thousand five hundred dollars ($7,500) for each occurrence of the material breach.
(Ord. 2368)