(A) Violations of the customer service standards as herein established shall subject the cable operator to civil monetary penalties of $100 per violation, except that for violations of applicable customer service standards for which the cable operator’s compliance is not measured in terms of its response to individual customers or are continuing in nature, the penalty shall be $25 per day the violation continues.
(B) (1) The city shall provide the cable operator 30 days’ written notice and opportunity to challenge the existence of the violation, cure the violation or show that the violation should be excused.
(2) At any time after the 30 days’ notice, the city may hold a hearing at which time the cable operator shall be provided an opportunity to be heard on the alleged violations. The cable operator may waive the public hearing requirement in which case the city may impose penalties without a hearing. If the cable operator demonstrates the violation has been promptly cured, the action may be considered in mitigation of penalties.
(C) When a civil penalty is assessed against the cable operator pursuant to this chapter, the cable operator shall pay all sums assessed in full to the City Clerk within 15 days of the assessment or seek appropriate judicial relief.
(D) Failure to comply with this chapter and to satisfy penalty assessments may be considered by the city as a material breach of any cable television permit held by the cable operator. In addition, the city may establish a security fund in an amount determined reasonably necessary to assure the payment of assessments for future violations.
(2002 Code, § 117.99) (Ord. 399, passed 11-10-1997)