Chapter 30.32
ENFORCEMENT

Sections:

30.32.010    Enforcement procedures and remedies.

30.32.020    Fines.

30.32.030    Revocation.

30.32.040    Security fund.

30.32.010 Enforcement procedures and remedies.

(a)    If the city determines that a cable operator has failed to perform any obligation under this title or has failed to perform in a timely manner, the city may make a written demand on the cable operator that it remedy the violation.

(b)    If the violation is not remedied or in the process of being remedied to the satisfaction of the city within a reasonable time period following a written demand or order to cure, the city may:

(1)    Enforce the provisions of this title through injunctive proceedings, an action for specific performance, or any other appropriate proceedings;

(2)    Impose a fine upon the cable operator pursuant to Section 30.32.020;

(3)    Assess against the cable operator any monetary damages provided for such violation in any agreement between the cable operator and the city;

(4)    Assess and withdraw the amounts specified above from the cable operator’s security fund or other applicable security instrument;

(5)    Revoke the franchise pursuant to Section 30.32.030; or

(6)    Pursue any legal or equitable remedy available under any applicable law or under any agreement between the cable operator and the city.

(c)    Remedies available to the city for violations under this title and under a franchise agreement shall be construed, except as otherwise provided in this title, as cumulative and not alternative.

(d)    A cable operator shall pay civil penalties or liquidated damages within thirty days after receipt of notice from the city.

(e)    The filing of an appeal to any regulatory body or court shall not stay or release the obligations of a cable operator under applicable law or any agreements with the city.

(f)    An assessment of liquidated damages or civil penalties does not constitute a waiver by the city of any other right or remedy it may have under applicable law or agreements, including the right to recover from the cable operator any additional damages, losses, costs, and expenses, including actual attorneys’ fees, that were incurred by the city by reason of the violation. However, the city’s election of liquidated damages under the franchise agreement shall take the place of any right to obtain actual damages over and above the payment of any amounts otherwise due. This provision may not be construed to prevent the city from electing to seek actual damages for a continuing violation if it has imposed civil penalties or liquidated damages for an earlier partial time period for the same violation. (Ord. 4206 § 1 (part), 2009)

30.32.020 Fines.

Any person found violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this title shall be guilty of a misdemeanor. Upon conviction any person violating any provision of this title shall be subject to a fine of up to one thousand dollars or by imprisonment for a period of up to ninety days, or both such fine and imprisonment. A separate and distinct violation shall be deemed committed each day on which a violation occurs or continues. (Ord. 4206 § 1 (part), 2009)

30.32.030 Revocation.

(a)    The city may revoke a cable franchise as a master permit pursuant to the provisions of Section 26.44.050.

(b)    In addition to the reasons stated in Section 26.44.050(a), a cable franchise may be revoked for the following reasons:

(1)    Failure to perform any material obligation under its franchise agreement or applicable law;

(2)    Willful failure for more than three days to provide continuous cable service; or

(3)    Attempt to evade any material provision of the franchise agreement or applicable law, or to practice any fraud or deceit upon the city or subscribers. (Ord. 4206 § 1 (part), 2009)

30.32.040 Security fund.

(a)    Upon request by the city, each franchisee shall establish a permanent security fund with the city by depositing the amount of up to two hundred fifty thousand dollars (as specified in the franchise agreement) with the city in cash, a bond or other instrument acceptable to the city. This fund shall be maintained at the sole expense of the franchisee so long as it provides cable service in the city. This security fund shall be separate and distinct from any other bond, letter of credit, security or deposit required.

(b)    This security fund may be utilized by the city for the following purposes: (1) reimbursement to the city by reason of a franchisee’s failure to pay the city any sums due under the terms of this title or a franchise; (2) reimbursement to the city for reasonable costs and damages borne by the city to correct franchise violations not corrected by a franchisee after due notice; (3) monetary remedies or damages assessed against a franchisee due to default or violations of a franchise or this title; and (4) any other lawful purpose.

(c)    If a franchisee is in default under this title or a franchise, or if a franchisee fails to pay the city any franchise fees, damages, or monetary sanctions, or if a franchisee fails to perform any of the conditions lawfully imposed by the city, the city may withdraw from the security fund an amount sufficient to compensate the city’s costs and damages, with interest at the maximum legal rate under state law, or twelve percent, whichever is less.

(d)    Upon such withdrawal, the city shall notify the franchisee in writing, by certified mail, of the amount and date thereof. Within thirty days of mailing notice to a franchisee that the city has withdrawn funds from the security fund, a franchisee shall deposit such further bond or sum of money, or other security, as deemed sufficient to meet the requirements of this chapter. (Ord. 4206 § 1 (part), 2009)