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09/24/2012 <br /> Sec. 11.81 Penalties for violations of standards. <br /> A. The City shall enforce the provisions of Code Section 11.80. <br /> B. The local entity shall give the video service provider written notice of any alleged <br /> material breach of the customer service standards and allow the video provider at least <br /> 30 days from receipt of the notice to remedy the specified material breach <br /> C. For material breaches, as defined in California Public Utilities Code section 5900, by a <br /> state franchise holder of applicable customer service and consumer protection <br /> standards, the City may impose the following penalties: <br /> 1. For the first occurrence of a material breach, a fine of <br /> $500.00 may be imposed for each day the violation remains in effect, not to <br /> exceed $1,500.00 for each violation. <br /> 2. For a second material breach of the same nature within 12 <br /> months, a fine of $1,000.00 may be imposed for each day the violation remains <br /> in effect, not to exceed $3,000.00 for each violation. <br /> 3. For a third material breach of the same nature within 12 <br /> months, a fine of $2,500.00 may be imposed for each day the violation remains <br /> in effect, not to exceed $7,500.00 for each violation. <br /> D. Any penalties imposed by the City shall be imposed in a manner consistent with <br /> California Public Utilities Code section 5900. <br /> E. The City Manager is authorized to provide any notices required under California Public <br /> Utilities Code section 5900. The City Manager may coordinate with the Division of <br /> Ratepayer Advocate to protect consumers in the City. <br /> F. A state video franchise holder may appeal a penalty assessed by the City Manager to <br /> the City Council within sixty (60) days of the initial assessment. The City Council shall <br /> hear the matter consistent with the provisions contained in Chapter 1 of this Municipal <br /> Code. <br /> Sec. 11.82 Construction in the public rights of way. <br /> Except as expressly provided in this Article, the provisions of Chapter 29 of this Code, <br /> and all City administrative rules and regulations developed pursuant to Chapter 29, as now <br /> existing or as hereafter amended, shall apply to all work performed by or on behalf of a state <br /> franchise holder in any public rights of way. <br /> Sec. 11.83 Permits. <br /> A. Prior to commencing any work for which a permit is required by Chapter 29, of this Code, a <br /> state franchise holder shall apply for and obtain a permit in accordance with the provisions <br /> of Chapter 29. A permit application is complete when the state franchise holder has <br /> complied with all applicable laws and regulations, including but not limited to all City <br /> administrative rules and regulations, and all applicable requirements of Division 13 of the <br /> California Public Resources Code, section 21000, and following, (the California <br /> Environmental Quality Act) and preparation of plans and specifications as required by the <br /> City Engineer. <br /> ATTY/ORD.360/DIVCA(CH 11 ART III) ORD.2387 <br /> REV:07-16-12 PT Page 5 of 7 FOMERLY MUFF#305 <br />