§ 5.17.310. Penalties for violations of standards.

A.

The city shall monitor compliance with and enforce the provisions of Section 5.17.300.

B.

For any material breach, as defined in California Public Utilities Code section 5900(j), 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 five hundred dollars ($500.00) shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars ($1,500.00) for each violation.

2.

For a second material breach of the same nature within twelve (12) months, a fine of one thousand dollars ($1,000.00) shall be imposed for each day the violation remains in effect, not to exceed three thousand dollars ($3,000.00) for each violation.

3.

For a third or further material breach of the same nature within twelve (12) months, a fine of two thousand five hundred dollars ($2,500.00) shall be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred dollars ($7,500.00) for each violation.

C.

Any penalties imposed by the city shall be imposed in a manner not inconsistent with California Public Utilities Code section 5900.

D.

To the extent not inconsistent with California Public Utilities Code section 5900, the city may waive, modify, or defer the imposition of a penalty.

(Ord. 12819 § 1 (part), 2007)