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<br />(5) Prior to ordering a refund and/or assessing a fine, the City Manager shall mail <br />the franchisee written notice by certified or registered mail of the proposed <br />refund and/or fine, specifying the violation at tissue. The franchisee shall <br />have 30 days from the date of receipt of the written notice to file a written <br />response to the city Manger's notice. The franchisee's written response shall <br />be signed by management level personnel of franchisee and all statements <br />contained therein will be regarded as material representations to the City. <br /> <br />(6) Prior to ordering a refund and/or assessing a fine, the City manager shall <br />consider any justification or mitigating factor advanced in franchisee's <br />written response, including but not limited to rebates or credits to the <br />subscriber or a cure of the violation. The City Manager may, after <br />consideration ofthe response of the franchisee, waive or reduce any proposed <br />refund or fine. <br /> <br />(7) Subsequent to the notice of proposed refund and/or fine to franchisee and <br />consideration of the franchisee's response, if any, the City Manager may <br />issue an assessment of refund or fine. The refund and/or fine shall be paid <br />within 30 days of written notice to the franchisee. This refund and/or fine <br />shall constitute liquidated damages to the subscriber and City for the <br />violation and the City may enforce payment ofthe refund or fine in any court <br />having jurisdiction. It is the intent of the City to determine fines/refunds as <br />a reasonable estimate of the damages suffered by the City and/or its <br />subscribers, whether actual or potential, and may include without limitation, <br />increased costs of administration and other damages difficult to measure. <br /> <br />(8) The franchisee may appeal any decision of the City Manager directly to the <br />City Commission within 30 days of notice of the decision to the franchisee. <br /> <br />(9) Any person who intentionally files a false complaint against a franchisee <br />shall be subject to a fine in the amount of $50.00 for the first violation and <br />$100.00 for each subsequent violation. <br /> <br />(10) Intentional misrepresentation by a franchisee in any response to a notice of <br />proposed refund and/or fine shall be grounds for revocation of the franchise. <br /> <br />(t) In addition to complying with the customer service standards set forth in this article or in <br />any franchise issued pursuant to this article, a franchisee shall comply with all customer service <br />standards applicable to cable systems of the FCC and any other applicable federal, state or county <br />law concerning customer service standards, consumer protection, and unfair or deceptive trade <br />practices. <br /> <br />(u) The City expressly reserves the right to consider violations of the customer service <br />requirements by a franchisee in deciding whether to enter into a franchise agreement, grant a <br /> <br />Cable Ordinance <br /> <br />-31- <br />