§ 5.16.570. Consumer protection and customer service.

A.

Each franchisee must comply with all applicable state and federal consumer protection provisions. In addition, each franchise ordinance shall set forth customer service standards which the franchisee must comply with.

B.

For each violation of an applicable consumer protection or customer service standard, the city may impose penalties as follows:

1.

Two hundred dollars ($200.00) for each day of each material breach, not to exceed six hundred dollars ($600.00) for each occurrence of the material breach).

2.

If there is a subsequent material breach of the same provision within twelve (12) months, four hundred dollars ($400.00) for each day of each material breach, not to exceed one thousand two hundred dollars ($1,200.00) for each occurrence of the material breach.

3.

If there is a third or additional material breach of the same provision within twelve (12) months of the first, one thousand dollars ($1,000.00) for each day of each material breach, not to exceed three thousand dollars (3,000.00) for each occurrence of the material breach.

C.

No penalty shall be assessed under this Section 5.16.570 for a breach where the city has the right to impose liquidated damages for the same occurrence.

D.

A citation may be served on the franchisee by providing a copy to the person to whom notices are to be sent under the franchise ordinance.

E.

Penalties under this Section 3.650 shall be imposed pursuant to the procedures set forth in Cal. Govt. Code Section 53088(r), and may be collected by the city from the security fund required under Section 2.430(G) of the ordinance codified in this chapter.

(Ord. 12729 § 1 (part), 2006)