5.53.080 Customer service penalties under state video franchises.
A. The holder of a state video franchise shall comply with the provisions of California Government Code Sections 53055, 53055.1, 53055.2 and 53088.2; the FCC customer service and notice standards set forth in Sections 76.309, 76.1602, 76.1603 and 76.1619 of Title 47 of the Code of Federal Regulations; California Penal Code Section 637.5; the privacy standards of United States Code Title 47, Section 551; and all other applicable state and federal customer service and protection standards pertaining to the provision of video service.
B. The City shall enforce, in the manner set forth in DIVCA, all customer service and protection standards contained in DIVCA Section 5900, as may be amended from time to time.
C. The City Manager, or designee, will provide to the state video franchise holder written notice of any material breaches of applicable customer service and protection standards, pursuant to DIVCA Section 5900. The City will allow the state video franchise holder 30 days from receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to monetary penalties to be imposed by the City and assessed by the City Manager, or designee, up to the amounts set forth below:
1. For the first occurrence of a material breach, a monetary penalty up to $500.00 shall be imposed for each day of each material breach, not to exceed $1,500 for each material breach.
2. For a second material breach of the same nature within 12 months for which the City previously provided notice, a monetary penalty up to $1,000 shall be imposed for each day of each material breach, not to exceed $3,000 for each material breach.
3. For a third or further material breach of the same nature within 12 months, a monetary penalty up to $2,500 shall be imposed for each day of each material breach, not to exceed $7,500 for each material breach.
D. A state video franchise holder may appeal a penalty assessed by the City Manager to the City Council. An appeal must be submitted in writing to the City Clerk within 60 days after notice of the penalty is sent to the assessed franchise holder, or the right to appeal shall be deemed waived. An appeal must detail the reasons why the appellant believes the imposition of penalties is inconsistent with DIVCA. The City Council shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. The City Council’s decision on the imposition of a penalty shall be final. (Ord. 3230 § 2, 2012).