13.12.245 Remedies and damages.

   In the event that, pursuant to the procedures set forth in Section 13.12.240, a final determination is rendered that a violation existed or exists, then any one or more of the remedies contained within this section may be imposed by the city manager or council as the case may be. The determination of the severity of the remedy shall be based upon the severity of the violation. The remedies shall be as follows:

   A.   Liquidated damages may be imposed in an amount not exceeding five hundred dollars per day, in particular for failure by the grantee to commence or complete construction, commence service, or to correct deficiencies in performance pursuant to Sections 13.12.080 and 13.12.125;

   B.   Shortening the term of the franchise by one day for each day the violation exists;

   C.   Criminal prosecution for a misdemeanor;

   D.   Forfeiture of the performance bond or other security pursuant to Section 13.12.090;

   E.   In the event any subscriber fails to receive services as prescribed by this chapter or the franchise agreement, reimbursement to the subscriber of their monthly charges prorated for the period the violation continues;

   F.   Termination of the franchise and franchise agreement prior to the expiration of the term. In the event of termination for cause, the city shall have the right to acquire the CATV system at an equitable price, pursuant to Section 13.12.285;

   G.   If there exists any holding over after expiration of any franchise granted hereunder, without the prior consent of the city, expressed by resolution, the grantee shall pay to the city reasonable compensation and damages, of not less than one hundred percent of its gross revenue during said period;

   H.   City or its agents may enter upon grantee's property, correct the violation, and hold grantee liable for the expense thereof;

   I.   Any other remedy or action permitted by law.

(Ord. 85-07-950 § 1 (part))