Part 4 — CUSTOMER SERVICE

A.

State video franchise holders shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service.

B.

The city manager or his or her authorized designee is authorized to enforce state video franchise holders' compliance with state and federal customer service and protection standards.

C.

For purposes of this part, written notices to be given to a state video franchise holder shall be sufficient if given either by personal delivery thereof to the state video franchise holder or by deposit in the United States Mail, in a sealed envelope postage prepaid, addressed to the state video franchise holder at its last known address as the same appears in the public records or other records pertaining to the matter to which such notice is directed.

D.

The city manager or his or her authorized designee shall provide written notice of any material breaches of applicable customer service standards to the state video franchise holder.

E.

The state video franchise holder shall have thirty days from receipt of the city manager's written notice to remedy the specified material breach.

F.

Material breaches not remedied within the thirty- day time period shall be subject to the following monetary penalties to be imposed by the city manager in accordance with DIVCA. The city manager shall, by written

notice to the state video franchise holder, specify the amount of the penalty and the due date for payment.

For the first occurrence of a violation, a monetary penalty of five hundred dollars shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars for each violation.

For a second violation of the same nature within twelve months for which notice has been provided to the state video franchise holder and a penalty has been assessed, a monetary penalty of one thousand dollars shall be imposed for each day the violation remains in effect, not to exceed three thousand dollars for each violation.

For a third or further violation of the same nature within twelve months for which notice has been provided to the state video franchise holder and a penalty has been assessed, a monetary penalty of two thousand five hundred dollars shall be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred dollars for each violation.

G.

The city manager's decision on the imposition of a penalty shall be final.

H.

The disposition of penalties remitted to the city is governed by DIVCA.

(Ord. 28530.)