By acceptance of a franchise agreement, the franchisee understands and agrees that failure to comply with any time and performance requirement as stipulated in the franchise agreement or the ordinance codified in this title, absent good cause, will result in damage to the city. Liquidated damages shall continue to accrue, even during the appeals process, until such day as the liquidated damages payment is actually received by the city or waived by the city, or the appeal is sustained. Failure to pay liquidated damages within the time provided shall be a violation of the ordinance codified in this title and cause to proceed against either the letter of credit or bond or surety provided by the franchisee under the terms of the section entitled “letter of credit” or “construction bond.” The franchisee shall be charged no more than the following amounts in liquidated damages:
4.20.108.3.1. For failure to complete system construction or reconstruction in accordance with the franchise agreement; one hundred and fifty dollars ($150.00) for each day, or part thereof, the deficiency continues, assuming the timely grant to franchisee by the city of all permits and licenses and the supplying of all utilities and other required services to be supplied by the city.
4.20.108.3.2. For failure to provide any data, documents, response or information required by the franchise for the purpose of franchise monitoring and administration, or for failure to cooperate with the city during an application process or cable system review; fifty dollars ($50.00) for each day, or part thereof, the violation occurs or continues.
4.20.108.3.5. For failure to meet any safety requirements of the ordinance codified in this title or the franchise agreement one hundred dollars ($100.00), per failure, for each day, or part thereof that such noncompliance continues; provided, however, in the case of failures which do not, as determined by the city, pose a reasonable likelihood of causing bodily injury or property damage if not immediately repaired, the franchisee shall not be subject to the liquidated damages provided for in this subsection if the franchisee demonstrates to the city that it is working promptly, diligently and in good faith to correct such violations within a time frame to be determined by the city.
4.20.108.3.6. For failure to comply with any other section, subsection, or provision of the ordinance codified in this title, or a franchise agreement; fifty dollars ($50.00), per each instance of non-compliance, for each day, or part thereof, that such non-compliance continues. (Ord. 205 § 3, 2001)