The village, pursuant to 220 Illinois Compiled Statutes 5/70-501(r)(1), does hereby declare that for any material breach of the standards and requirements of the cable and video customer protection law, as incorporated by reference in this chapter, a cable or video provider shall be subject to monetary penalties as established in Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. Such penalties shall be in addition to the penalties provided in the law and shall not represent the village's exclusive remedy for any material breach. All monetary penalties shall apply on a competitively neutral basis.
(A) "Material breach" means any substantial failure of a cable or video provider to comply with service quality and other standards specified in any provision of the law.
(B) The village shall give the cable or video provider written notice of any alleged material breaches of the law and allow such provider at least thirty (30) days from the receipt of the notice to remedy the specified material breach.
(C) A material breach, for the purposes of assuming penalties, shall be deemed to occur for each day that a material breach has not been remedied by the cable or video service provider after the notice in subsection (B) of this section.
(D) The board of trustees hereby delegates authority to levy penalties to the village manager.
(E) Any decision of the village manager to levy penalties may be appealed to the board of trustees, which shall conduct a hearing on the alleged material breach and penalties levied therefor within twenty one (21) days following receipt of the cable or video providers request for an appeal. (Ord. 2007-4151, 11-19-2007; amd. Ord. 2021-4921, 9-20-2021)