Chapter 31.48
ENFORCEMENT

Sections:

31.48.010    Verification of compliance.

31.48.020    Noncompliance with standards.

31.48.030    Enforcement procedures.

31.48.010 Verification of compliance.

If the city has reason to believe that a cable operator may not be in compliance with the standards established in this title, the city, on reasonable notice, may require the cable operator to demonstrate compliance with the standards required in this title. The cable operator shall provide sufficient detail to permit the city to verify the extent of compliance. (Ord. 4207 § 1 (part), 2009)

31.48.020 Noncompliance with standards.

The cable operator’s noncompliance with any provision of these standards may be deemed by the city a franchise violation. (Ord. 4207 § 1 (part), 2009)

31.48.030 Enforcement procedures.

(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. 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 the demand, the city may:

(1)    Issue a civil citation for a civil infraction and impose a penalty not to exceed one thousand dollars;

(2)    Assess against the cable operator any monetary damages provided for such violation in its franchise agreement;

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

(4)    Revoke the cable operator’s cable franchise as provided in its franchise agreement; or

(5)    Pursue any legal or equitable remedy available under any applicable law or under the cable operator’s franchise agreement.

(b)    The following penalty amounts shall apply, in place of the amount specified in subsection (a)(1) of this section, in assessing civil penalties for customer service standards that are measured on a quarterly basis:

(1)    For the first calendar quarter in which a cable operator does not meet the prescribed standard (a “noncompliant quarter”), the cable operator will be subject to a civil penalty in the amount of one thousand five hundred dollars.

(2)    For a second consecutive noncompliant quarter, a cable operator shall be subject to a civil penalty in the amount of two thousand dollars.

(3)    For each consecutive noncompliant quarter beyond the second, a cable operator shall be subject to a civil penalty in the amount of four thousand dollars.

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

(d)    If civil penalties are assessed against a cable operator under this section, the cable operator is not subject to liquidated damages payable to the city for the same violation. If liquidated damages payable to city are assessed against a cable operator, the cable operator is not subject to civil penalties under this section for the same violation. If the city seeks actual damages for any violation, any civil penalties or liquidated damages recovered by the city for the same violation, including civil penalties or liquidated damages for partial time periods included in a longer time period for which actual damages are sought, shall be offset against any actual damages recovered by the city.

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

(f)    The filing of an appeal to any regulatory body or court does not stay or release the obligations of a cable operator under the franchise agreement and applicable law.

(g)    An assessment of liquidated damages or civil penalties does not constitute a waiver by the city or the franchisors of any other right or remedy they may have under the franchise or applicable law, 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 franchisors or the city by reason of or arising out 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, subject to the offset specified in subsection (d) of this section. (Ord. 4207 § 1 (part), 2009)