For the violation of any of the following provisions of this chapter, penalties shall be chargeable to the letter of credit as follows.
(A) For failure to complete system construction in accordance with § 121.05, unless the Council specifically approves the delay by motion or resolution, due to the occurrence of conditions beyond the Grantee's control, the Grantee shall pay $500 per day for each calendar day, or part thereof, the deficiency continues.
(B) For failure to provide documents, reports, information, or to reasonably cooperate with the city during any application process or cable television system review, the Grantee shall pay $100 per calendar day each violation continues.
(C) For failure to test and report on the performance of the Cable Communications System following a request pursuant to this chapter, the Grantee shall pay the city $50 per day for each calendar day, or part thereof, that noncompliance continues.
(D) Forty-five days following adoption of a resolution of determining a failure of the Grantee comply with operational or maintenance standards, the Grantee shall pay a minimum of $500, up to $1,000, for each calendar day, or part thereof, that noncompliance continues.
(E) The City shall provide the Grantee with written notice of the violation alleged to have occurred and the Grantee shall have 30 days in which to cure the violation; or in the case of any alleged violation which cannot reasonably be cured within the 30-day period, to commence and diligently pursue a cure; or notify the city in writing that it disputes the city's claim of an alleged violation. In the event that the Grantee disputes the city's claim, the city shall, upon reasonable prior written notice, set a hearing before the City Council at which the city, the Grantee and any interested party may present evidence relating to the alleged violation. Following the hearing, the city shall make a determination as to whether a violation has occurred. In the event that the city reasonably determines that a violation has occupied, the city shall notify the Grantee in writing of its finding, and shall provide the Grantee 30 days in which to cure the violation, or in the case of a violation which cannot reasonably be cured with a 30-day period, commence and diligently pursue a cure. In the event that the Grantee fails to cure in the time period provided or fails to diligently pursue a cure, the city shall have the right to withdraw from the letter of credit the amount set forth as provided. Any penalties shall be tolled during any 30-day period or the period during which the Grantee is diligently pursuing a cure.
(‘83 Code, § 123.22) (Ord. 82-036, passed 6-21-82; Am. Ord. 96-003, passed 4-1-96)