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8.A. - Page 9 <br />section 5900, including, but not limited to, all existing and subsequently enacted customer <br />service and consumer protection standards established by state and federal law and regulation. <br />Sec. 11.81 Penalties for violations of standards. <br />A. The City shall enforce the provisions of Code Section 11.80. <br />B. 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 />C. Any penalties imposed by the City shall be imposed in a manner consistent with <br />California Public Utilities Code section 5900. <br />D. The City Manager is authorized to provide any notices required under California Public <br />Utilities Code section 5900. The City Manager shall coordinate with the Division of <br />Ratepayer Advocate to protect consumers in the City. <br />E. 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 /ORDINANCE /ORD.360 /DIVCA (CH 11 ART III) <br />REV: 11 /22/11 <br />