Should it be found, after conducting the hearing and appeal procedure set forth below, that the Grantee is in violation of the terms of this chapter, the penalties chargeable shall be as follows:
(a) For failure to complete construction and installation of the systems or provide service in accordance with this chapter, or to remove facilities and equipment as required in Section 765.10, Grantee shall forfeit five hundred dollars ($500.00) per day or part thereof that the violation continues unless the Council specifically approves the exception by resolution.
(c) For failure to comply with the operational standards following the Council's resolution directing Grantee to make improvements pursuant to Section 765.12, Grantee shall forfeit two hundred dollars ($200.00) per day or part thereof that the violation continues.
(d) For failure to comply with the terms and conditions of Section 765.13, Grantee shall forfeit one hundred dollars ($100.00) per day or part thereof that the violation continues.
(e) For failure to pay the franchise fee when due pursuant to Section 765.07, Grantee shall forfeit one hundred dollars ($100.00) per day or part thereof that the violation continues.
(f) For persistent failure to comply with such reasonable requests and recommendations as may be made by the City pursuant to authority granted by this chapter, Grantee shall forfeit one hundred dollars ($100.00) per day or part thereof that the violation continues.
(g) In the case of a bona fide dispute regarding compliance, the Grantee may request a hearing before the Director of Administration within thirty days after notification of non-compliance and penalty by the City. No action may be taken until a prior hearing with an opportunity to be heard has been conducted. At such hearing all parties may give evidence, and the merits of the dispute will be decided.
(h) The Director of Administration shall make public his decision, along with a statement reciting the basis therefor. Within thirty days, the Grantee may appeal to Council, in writing, the decision rendered by the Director of Administration. At the appeal hearing the Grantee may contest the finding of fact or interpretation of controlling law, at which time Council may affirm, reject or modify the decision of the Director of Administration. The affirmation, rejection, or modification of such decision by the Council shall be a final, appealable order.
(i) The rights reserved to the City with respect to penalties and the above described hearing and appeal process are in addition to all other rights of the City, whether reserved by negotiation with the Grantee or authorized by law.
(j) No penalty shall be forfeited for violation of subsections (b), (d), or (e) if the Grantee corrects the violation within thirty day following notification from the City that the violation has occurred.
(Ord. 58-1989. Passed 5-1-89.)