(A) Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of §§ 126.001 through 126.058 shall be subject to a fine of $750 per occurrence. There may be times when the city will incur delay or other costs, including third party claims, because the utility will not or cannot perform its duties under its permit and this chapter. Unless the utility shows that another allocation of the cost of undertaking the requested action is appropriate, the utility shall bear the city’s costs of damages and its costs of installing, maintaining, modifying, relocating or removing the facility that is the subject of the permit. No other administrative agency or commission may review or overrule a permit related cost apportionment of the city. Sanctions may be imposed upon a utility that does not pay the costs apportioned to it.
(1980 Code, § 30.1101.22) (Ord. 9122, passed 3-11-2008)
(B) (1) The city, pursuant to ILCS Ch. 220, Act 5, § 22-501, does hereby provide for a schedule of penalties for any material breach of the Cable and Video Protection Law by cable or video providers in addition to the penalties provided in the law. The monetary penalties shall apply on a competitively neutral basis and shall not exceed $750 for each day of the material breach, and shall not exceed $25,000 for each occurrence of a material breach per customer.
(2) 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. The city shall give the cable or video provider written notice of any alleged material breaches of the law and allow the provider at least 30 days from the receipt of the notice to remedy the specified material breach.
(3) A material breach, for the purposes of assessing 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 division (B)(2) above.
(1980 Code, § 30.1102.3)