(a) In accordance with California Public Utilities Code Section 5900 or its successor, the City Council may from time to time adopt, by resolution, a schedule of penalties for any material breach by a state franchise holder.
(b) The City Manager shall have the authority to assess penalties for any material breach by a state franchise holder. Prior to assessing penalties for a material breach, the City Manager shall first provide the state franchise holder with a written notice of any alleged material breach of the customer service provisions set forth in California Public Utilities Code Section 5900 and shall allow the state franchise holder at least thirty days from receipt of the notice to remedy the specified material breach. In the event that a specified material breach has not been remedied following the City Manager’s assessment of penalties in the maximum amount permitted per occurrence, the City Manager, after providing a subsequent written notice of the alleged material breach, may treat the continuing occurrence as a subsequent material breach.
(c) Pursuant to California Public Utilities Code Section 5900, any penalty remitted to the city by a state franchise holder for a material breach of the customer service provisions set forth in California Public Utilities Code Section 5900 shall be split in half, and the city shall submit one half of the penalty amount to the Digital Divide Account established by California Public Utilities Code Section 280.5.
(Ord. 08-871 § 1 (part), 2008)