§ 112.32 COMPLAINT PROCEDURES.
   (A)   A franchisee shall develop written procedures for the investigation and resolution of all subscriber or city resident complaints, including, but not limited to, those regarding the quality of service and equipment malfunction, which procedures shall be subject to the review and approval by the city. A subscriber or city resident who has not been satisfied by following the franchisee's procedures may file a written complaint with the city, which will investigate the matter and, in consultation with the franchisee as appropriate, attempt to resolve the matter. The city shall consider a franchisee's good faith or lack thereof in attempting to resolve subscriber and resident complaints in a fair and equitable manner in connection with the franchisee's renewal application.
   (B)   The franchisee shall maintain a complete list of all complaints not resolved within seven days of receipt and the measures taken to resolve them. This list shall be compiled in a form to be approved by the city. It shall be compiled on a monthly basis. The list for each calendar month shall be supplied to the city no later than the 15th day of the next month. The franchisee shall also maintain a list of all complaints received for a period of 24 months, which list will be available to the city.
   (C)   A subscriber or other person with a claim in law or equity against a franchisee may also file an appropriate action in a court of competent jurisdiction. A franchisee's policies and procedures with respect to customers' complaints shall not have the effect of prohibiting a subscriber or other person from pursuing any claim for relief in law or equity in a court of competent jurisdiction. This code, including this subchapter, state and applicable federal law, shall govern a franchisee's customer service policies and procedures. Nothing herein shall prohibit a franchisee from defending to the full extent allowed by applicable law any claim brought by any person.
   (D)   If a franchisee does not comply with divisions (B) or (C) above, the franchisee shall have 30 days to cure the violation from the day the franchisee receives notice of the violation. If the franchisee has not cured the violation within 30 days from the notice date, the city shall fine a franchisee for violation of this section $250 per day for each day that the violation continues. The fines shall begin to accrue on the first business day after the 30 day cure period has terminated.
(Ord. 1406, passed 5-15-02)