(A) The City Manager or designee (when used herein "City Manager" shall mean the City Manager or designee) shall have the responsibility for the administration of the consumer protection standards contained in this subchapter. Such responsibility shall include the resolution of all complaints against a franchisee regarding the quality of service, billing matters, equipment malfunctions, and all other customer matters. The City Manager's authority includes the authority to order refunds or fines. The city manager may settle or compromise any controversy arising from operations of the franchisee, either on behalf of the city, the franchisee, or any subscriber, in accordance with the best interests of the public.
(B) Any decision made by the City Manager shall be provided to the franchisee in writing. The franchisee shall have ten days from receipt of such written decision to respond in writing to such decision.
(C) In cases where requests for service have been ignored or where the service provided is unsatisfactory for any reason, the City Manager shall have the power to require the franchisee to provide service if in the opinion of the City Manager, such request for service is reasonable.
(D) A franchisee shall cooperate with the City Manager to provide the City Manager with access to subscriber complaints or other matters received by the franchisee from residents of the city. If technically feasible and not inconsistent with applicable law, the franchisee shall provide the city with technology that allows the City Manager to access subscriber records from a computer within the City Manager's Office. If a franchisee establishes a web site through which customers can send complaints and receive responses to the franchisee, the franchisee shall cooperate with the city to provide the City Manager technology to have access to such complaints.
(E) Any person aggrieved by a decision of the City Manager, including the franchisee, may appeal the matter to the City Commission. The aggrieved person shall have ten days from receiving the written decision of the City Manager to file a written appeal to the City Commission. No interest or late charge shall accrue during the pendency of such appeal. The City Commission may accept, reject, or modify the decision of the City Manager, based upon a review of the information provided. No adjustment, settlement, or compromise, whether instituted by the City Manager or by the Commission, shall be contrary to the provisions of this subchapter or any franchise agreement issued pursuant to this subchapter, and neither the City Manager nor the Commission, in the adjustment, settlement, or compromise of any controversy, shall have the right or authority to add to, modify, or delete any provision of this subchapter or of the franchise agreement, or to interfere with any rights of subscribers or any franchisee under applicable law or private contract. Any person aggrieved by a decision of the City Commission, including a franchisee or a subscriber, may appeal the matter to a court of competent jurisdiction within the county. In addition, nothing herein shall prohibit a person from pursuing any claim for relief against a franchisee in a court of competent jurisdiction and the remedies available to a subscriber herein are in addition to any other remedies, at law or equity, a subscriber may have.
(Ord. 1406, passed 5-15-02)