(a) In addition to the remedies for delays in construction set forth in Section 814.49, the grantor reserves the right to impose the following remedies if the grantee violates or fails to comply with any other material provision of the franchise, provided that the grantee has not commenced corrective action within thirty days of written notice, by certified mail, to the general manager of the grantee:
(1) The grantor may impose a financial penalty, not to exceed one thousand dollars ($1,000) per day or per incident, for the grantee's individual willful and/or repeated violation of any provision of the franchise or the failure to take corrective action with respect to such a violation.
(2) The grantor may require the grantee to make rate rebates or payments to the customers or classes of customers in such amount and on such basis as the grantor may deem reasonable.
(3) The grantor may require the grantee to correct or otherwise remedy the violation prior to any rate increase becoming effective.
(b) If the stated violation or noncompliance is not reasonably curable within sixty days of the date of the written notice provided for in subsection (a) hereof, the franchise will not be terminated or revoked, and a remedy will not be imposed pursuant to Section 814.35 or this section, if the grantee provides, within the sixty days, a plan, satisfactory to the grantor, to remedy the violation and continues to demonstrate good faith in seeking to correct the violation.
(c) In determining which remedies for the grantee's violation are appropriate, the grantor shall take into consideration the nature of the violation, the person bearing the impact of the violation, the nature of the remedy required in order to prevent further such violations and such other matters as the grantor may deem appropriate. However, adequate penalties must be imposed if service is in any way materially lessened or if any material provision of the franchise is not complied with.
(d) Within ten days after receipt of the written notice provided for in subsection (a) hereof, the grantee may request a hearing before an impartial hearing officer or commission in a full public proceeding affording due process. Such hearing shall be held within thirty days of the receipt of the request therefor.
(e) Any appeal from the determination of the hearing officer or the Cable Television Commission shall, within thirty days of the issuance of such determination, be made to the Board of Trustees.
(f) The grantor and the grantee acknowledge that damages at law are an inadequate remedy for violations of the franchise and agree that either party may obtain injunctive relief to enforce the provisions of the franchise.
(Ord 593. Passed 7-12-82.)