At any time and from time to time proceedings may be commenced by the board of directors of the cable television commission.
The purpose of such proceedings shall be, and the powers of the board of directors of the commission shall include, the following:
A. Determination of whether there has been a violation of any of the terms, conditions or requirements set forth in Sections 5.28.920 through 5.28.990, 5.28.1020 through 5.28.1030, or 5.28.1150 of this chapter, or any requirements in relation thereto as established pursuant to previously conducted enforcement proceedings;
B. Establishment of new or revised schedules for compliance with any of the terms, conditions or requirements set forth in Sections 5.28.920 through 5.28.990, 5.28.1020 through 5.28.1030, or 5.28.1150 of this chapter, or any requirements in relation thereto established pursuant to previously conducted enforcement proceedings, with respect to any such terms, conditions or requirements which are determined to have been violated;
C. Determination of whether the franchisee is in breach of any of the terms, conditions or requirements set forth in Sections 5.28.920 through 5.28.990, 5.28.1020 through 5.28.1030, or 5.28.1150 of this chapter, or of the franchise documents with respect to the violation of any such terms, conditions or requirements, and, if so, the nature and extent of any such breach; and
In connection with determination by the board of directors that there has been a violation of any time limit prescribed by Sections 5.28.920 through 5.28.990, 5.28.1020 through 5.28.1030, or 5.28.1150 of this chapter, the board shall be authorized to establish new time schedules and time limitations based upon the circumstances, which shall supersede those set forth in said sections. Future enforcement proceedings pursuant to this section and Sections 5.28.1120 and 5.28.1130 of this chapter, may be undertaken in relation to time schedules and time limitations established pursuant to prior enforcement proceedings. In the event the board finds that a franchisee has breached any of the time limitations set forth in Sections 5.28.920 through 5.28.990, 5.28.1020 through 5.28.1030, or 5.28.1150 of this chapter, or established pursuant to prior enforcement proceedings, the board shall be authorized to determine and assess the amount of liquidated damages, if any, which the franchisee shall be required to pay as a result of such breach, and whether, and if so, the extent to which the term of the franchise should be reduced with respect to any such breach. Such determinations shall, without appeal to arbitration or as affirmed by arbitration, be self-executing.
In the event the board of directors determines that the cable television system fails to comply with any of the requirements of the franchise documents or that the franchisee has failed to provide any of the facilities or services (including those relating to community use) required by the franchise documents, the board may determine the specific deficiencies and order the correction thereof. Such determinations shall, without appeal to arbitration or as affirmed by arbitration, be self-executing. (Prior code § 20.05.438)