(A) Any holder of a state video franchise operating within the boundaries of the City of Corona shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service. The City Manager, or his or her designee, shall provide any required notice in advance of enforcing such standards, including but not limited to the 90-day notice required by 47 CFR 76.309(a), 76.1602(a), 76.1603(a), and 76.1619(c).
(B) The City Manager shall monitor the compliance of holders of a state video franchise operating within the boundaries of the City of Corona with respect to state and federal customer service and protection standards. The City Manager, or his or her designee, shall provide the state video franchise holder written notice of any material breaches of applicable customer service standards, and shall allow the state video franchise holder 30 days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to the following penalties to be imposed by the city:
(1) For the first occurrence of a violation, a fine of $500 shall be imposed for each day the violation remains in effect, not to exceed $1,500 for each violation.
(2) For a second violation of the same nature within 12 months, a fine of $1,000 shall be imposed for each day the violation remains in effect, not to exceed $3,000 for each violation.
(3) For a third or further violation of the same nature within 12 months, a fine of $2,500 shall be imposed for each day the violation remains in effect, not to exceed $7,500 for each violation.
(C) A holder of a state video franchise operating within the boundaries of the City of Corona may appeal a penalty assessed by the City Manager to the City Council within 60 days of the initial assessment. The City Council shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. The City Council's decision on the imposition of a penalty shall be final.
(D) The City of Corona shall comply with any statutory requirement to remit all or a portion of collected fine revenue to the State of California, including but not limited to the requirement in California Public Utilities Code § 5900(g).
(Ord. 2945 § 5, 2008.)