Chapter 4.71 CABLE TELEVISION FRANCHISE
Section 4.71.220 Sanctions and liquidated damages.
Before exercising any right of redress available to it under the Ordinance, the City shall notify the
Franchisee in writing of any alleged violation of this Franchise or the Ordinance. The violation notice
shall:
1. Described the alleged violation;
2. Direct the Franchisee to remedy the alleged violation or show cause why the
alleged violation should
not be or cannot be remedied;
3. State the time for response, which shall not be less than thirty (30) days
from the Franchisee’ s receipt
of such notice. If the Franchisee fails to remedy the violation, or to contest the violation notice,
or to
demonstrate that the alleged violation is not susceptible of cure within the such time period and to
detail
steps already taken and the timetable to resolve such violation, the matter may be placed upon the next
City
Council meeting agenda, after providing the Franchisee with at least ten (10) days notice of such council
meeting. The City shall provide public notice of the hearing, hear any person interested therein, and
provide
the Franchisee an opportunity to be heard, to present testimony and to question witnesses. The City
shall,
within ten (10) days of such hearing, issue its findings in writing, stating the basis for its findings,
which
shall include the proposed remedy plan and timeline (if the default can be remedied), as well as penalties
or
damages owed, if any. Penalties will commence to accumulate only for days of non-compliance which occur
after the final date set by the City for achieving compliance. No penalties shall be assessed
for any time
period of violation which has existed prior to the expiration of the time period set by the City for
correcting
the default. (Ord. 99-7781, S-36880, 1978)