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