Sec. 710.112. - Remedies for violations.

(a) For failure to complete construction and installation of the cable system and to commence operations in accordance with the terms of the Franchise Agreement, unless the Council, upon the recommendation of the Director, approves a construction delay because of reasons beyond the control of the Franchisee, Franchisee shall pay liquidated damages in the amount of $2,000 per day for each day construction or commencement of operations is late. The City shall give a Franchisee written notice by certified mail of an alleged violation. A Franchisee shall have 30 days to cure or commence to cure as may be appropriate the alleged violation or to seek a reasonable extension of time in which to complete construction or commence operations, which extension shall not be unreasonably denied. No liquidated damages shall be assessed if the alleged violation is cured or commencement to cure has begun, as may be appropriate within the allotted time. Further, nothing in this paragraphs limits the otherwise applicable remedies available to the City for this or any other breach of the Franchise Agreement, including but not limited to revocation and liquidated damages set forth in this Ordinance. (b) In the event of material violations of provisions of this Chapter by the Franchisee, the Council reserves the right as an alternative to revocation to ask Franchisee to propose rebates to be paid to subscribers reflecting the seriousness of the violation. (c) Unless otherwise provided in this Ordinance or a Franchise Agreement, substantial breaches of material provisions of a Franchise Agreement or this Chapter, other than the customer service Section or any other Section already providing for fines or liquidated damages, shall subject a Franchisee to liability for liquidated damages not to exceed $500 for each violation, calculated on a calendar day basis with each day of a continuing violation constituting a separate violation. In the case of violations based on failure to meet monthly or quarterly requirements, the violation shall be calculated as a continuing violation for each month or quarter of such continuing violation. The City shall provide written notice of any alleged violation describing in detail the basis of the violation. A Franchisee shall have an opportunity to cure the alleged violation within 30 days, contest the existence of a violation, or to request such additional time as is reasonably necessary to implement a cure, which request shall not be unreasonably denied. For purposes of this Section, a "material provision" is one that sets forth requirements the violation of which may substantially prevent or impair the delivery of cable services to more than 0.5 percent of the subscribers in the Franchise Area residents served or to be served by a Franchisee in a manner or at a quality consistent with the terms of this Ordinance as it existed on the effective date of the Franchise Agreement, and the Franchise Agreement issued pursuant thereto. (d) Upon expiration of the cure period without a cure or commencement of a cure, as may be appropriate, with consideration of the response of the Franchisee, if any, the Director or the Mayor's designee may issue an assessment of the liquidated damages in writing delivered by certified mail. Any liquidated damages will commence as of the date of the written notice specifying the violation at issue. The liquidated damage shall be paid within 30 days of written notice of assessment to the Franchisee. This fine shall constitute liquidated damages to the City for the violation and the City may enforce payment of the liquidated damage in any court having jurisdiction, including enforcement against the letter of credit provided by a Franchisee. (e) Franchisee may appeal any decision of the Director or the Mayor's designee directly to the City Council within 30 days of notice of the assessment to the Franchisee. Franchisee's obligation to pay the liquidated damages assessed shall be stayed pending resolution of the appeal. (f) The Director is responsible for assessing and collecting liquidated damages in an amount no greater than $15,000 monthly. Amounts in excess of $15,000 monthly shall be presented to the Council for approval. (Ord. 2003-188-E, § 1)