Signal Hill Municipal Code Art. IX Violations, Remedies and Penalties

A. In the event of the failure, refusal, or neglect by grantee to do or comply with any material requirement or limitation contained in this chapter or the franchise agreement or any material rule or regulation of the council or city manager validly adopted pursuant to this chapter or the franchise agreement, (herein "violation"), the city, in its sole discretion and, provided that the city complies with the procedures set forth in this section, may impose any of the remedies provided in Section 13.12.245.

B. If the city manager determines that a violation exists, the city manager shall serve a written notice on grantee specifying the nature of the violation, any proposed corrective action, the period of time permitted to cure the violation, and any remedies or penalties to be imposed if the violation is not cured. The grantee may respond in writing to the city manager seeking reconsideration of the determination or any extension of time to cure the violation, or may in writing appeal the city manager's determination to the city council, except that any determination in which the city manager proposes to terminate the franchise shall go automatically to the city council for consideration. The city manager's determination shall be deemed final unless the violation is cured within thirty days after the date grantee receives notice of the determination, or such longer time as may be specified in the notice or any extension of such time as may be granted by the city manager, unless an appeal is taken to the city council. Once the determination becomes effective, the city manager may impose the remedies or damages specified in the determination.

C. Any appeal of a determination by the city manager shall be placed by the city clerk in the city council's next regular agenda. The city council shall determine whether to hear such appeal and whether a public hearing should be held for such purpose, provided that in the event termination of the franchise is proposed, the council shall set the matter for a public hearing. The grantee shall be given ten days' written notice of the time the council will consider any appeal. In the event of a public hearing, at least ten days' prior notice shall be published in a newspaper of general circulation, and the council may compel grantee, at grantee's expense, to send a special written notice to any or all subscribers.

D. At the time set for the hearing, the council shall hear any persons interested therein, and shall determine, in its discretion, whether:

• 1. The violation existed;
• 2. The violation was excused by just cause;
• 3. The violation has been cured;
• 4. The period to cure the violation is adequate;
• 5. The grantee has shown good faith;

6. The remedies or damages are appropriate. The council, after determining the foregoing, shall make such order as they deem appropriate to cure the violation and prevent reoccurrence of such violations. The order shall be in writing, contain appropriate findings, and be served on grantee. The order of the council shall be final.

E. The termination and forfeiture of any franchise shall in no way affect any of the rights of the city under the franchise or any provisions of law.

(Ord. 85-07-950 § 1 (part))

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))

A. From and after the effective date of the ordinance codified in this chapter, it is unlawful for any person to construct, install, or maintain within any public street in the city, or within any other public property of the city, or within any privately owned area within the city which has not yet become a public street but is designated or delineated as a proposed public street on an adopted general plan of arterial highways or on any tentative subdivision map approved by the city, any equipment or facilities for distributing any television signals or radio signals through a cable television communications system, unless a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

B. It is unlawful for any person, firm, or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable communication system within this city for the purpose of taking or receiving television signals, radio signals, pictures, programs, or sound.

C. It is unlawful for any person, firm, or corporation to make any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any part of a franchised cable communication system within this city for the purpose of enabling himself or others to receive any television, radio signal, picture, program, or sound, without payment to the owner of said system.

D. It is unlawful for any person, without the consent of the owner, to wilfully tamper with, remove, or injure any cables, wires, or equipment used for distribution of television signals, radio signals, pictures, programs, or sound.

E. A violation of the foregoing subsections A, B, C or D of this section shall constitute a misdemeanor and be punishable by imprisonment in the county jail not exceeding six months, and/or by a fine not exceeding five hundred dollars for each and every offense.

(Ord. 85-07-950 § 1 (part))