The auditor of the cable television commission shall charge and transfer from the special account established pursuant to Section 5.28.1650 of this chapter, to the credit of the commission such amounts as are assessed as liquidated damages by determinations of the board of directors pursuant to Section 5.28.1130 of this chapter, which are not appealed to arbitration and become final, or which are affirmed by an arbitration panel under the provisions of Section 5.28.1140 of this chapter.
With respect to breaches of any of the provisions of Sections 5.28.1410, 5.28.1470 or 5.28.1480 of this chapter, the board of directors of the commission shall determine the amount of liquidated damages to be assessed, and mail notice thereof to the franchisee. Such a notice may provide for assessments for breaches occurring in advance of the notice and for periods of breach subsequent to issuance of the notice pending compliance by the franchisee. The determinations by the board of directors shall become final, binding and conclusive, not subject to judicial review or reversal by any authority, and judicially enforceable, unless within thirty (30) calendar days following the date of mailing of the notice of the determination the franchisee files with the clerk of the board of directors of the commission a written notice appealing the determination to arbitration pursuant to the provisions of Section 5.28.1840 of this chapter. The notice of appeal shall specifically identify the grounds for the appeal. The auditor of the commission shall charge and transfer from the special account established pursuant to Section 5.28.1650 of this chapter, to the credit of the commission, such amounts as are assessed as liquidated damages by determinations of the board of directors pursuant to this paragraph which are not appealed to arbitration and become final or which are affirmed by an arbitration panel under Section 5.28.1840 of this chapter.
With respect to breaches of any of the provisions of Sections 5.28.1520 or 5.28.1530 of this chapter, the auditor of the commission shall charge and transfer from the special account established pursuant to Section 5.28.1650 of this chapter, to the credit of the commission such amounts as are assessed as franchise fees, interests and liquidated damages by determinations of the board of directors pursuant to Section 5.28.1570 of this chapter, which are not appealed to arbitration and become final or which are affirmed by an arbitration panel under Section 5.28.1570 of this chapter, or such amounts of franchise fees, interests and liquidated damages as are prescribed by a judgment of a court.
The auditor shall mail notice to the franchisee of each transfer from the special account. The notice shall identify the amount transferred, the balance of the account after transfer (including accumulated interest), and the total amount, if any, which the franchisee is required to pay in order to replenish the account in accordance with the requirements of Section 5.28.1650 of this chapter.
Any amounts owing by a franchisee in excess of the current balance within the special account established pursuant to Section 5.28.1650 of this chapter, may be recovered from the surety on the performance bond filed pursuant to the provisions of Section 5.28.1640 of this chapter, or from the franchisee. (Prior code § 20.10.808)