Ordinance 2018-530 - Laserfiche WebLink

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(1) Prior to ordering a refund and/or assessing a fine, the City Manager shall mail the franchisee file a written response to the City Manager's notice. The franchisee's written response shall be signed by management level personnel of franchisee and all statements contained therein will be regarded as material representations to the City. (5)Prior to ordering a refund and/or assessing a fine,the City Manager shall consider any justification or mitigating factor advanced in franchisee's written response, including but not limited to rebates or r. .. „ response of the franchisee, waive or reduce any proposed refund or. (6) Subsequent to the notice of proposed refund and/or fine to franchisee and consideration of the franchisee's response, if any, the City Manager may issue an assessment of refund or fine. The refund and/or fine shall be paid within 30 days of written notice to the franchisee. This refund and/or fine shall constitute liquidated damages to the subscriber and City for the violation and the City may enforce payment of the refund or fine in any court having jurisdiction. It is the intent of the City to determine fines/refunds as a reasonable estimate of the damage . - - - • ..- subscribers, .subscribers, whether actual or potential, and may include without limitation, increased costs of administration and other damages difficult to measure. within 30 days of notice of the decision to the franchisee. in the amount of$50 for the first violation and $100 for each subsequent violation. (9)Intentional misrepresentation by a franchisee in any response to a notice of proposed refund and/or fine shall be grounds for re . •. - .. . T. In addition to complying with the customer service standards set forth in this chapter or in any franchise issued pursuant to this chapter,a franchisee shall comply with all customer service standards applicable to cable systems of the FCC and any other applicable federal, state or county law concerning customer service standards, consumer protection, and unfair or deceptive trade practices. U. The City expressly reserves the right to consider violations of the customer service requirements by a franchisee in deciding whether to enter into a franchise agreement, grant a franchise renewal, modification or consent to a transfer. § 113-19. - Subscriber privacy. Reserved. • . -- . . •. • , • _._. . - . . . - . § 113 20. Discrimination prohibited. Reserved. A. A franchisee may not in its rates or charges, or in the availability of the services or facilities of its system, or in any other respect, make or grant undue preferences or advantages to any subscriber, group of persons to any undue prejudice or any disadvantage. A franchisee shall not deny, delay or otherwise burden service or discriminate against subscribers or users on the basis of age, race, creed, religion, color, sex, handicap, national origin, marital status or political affiliation, except for uniform and consistent manner. A franchisee may also offer bulk discounts to multiple dwelling buildings to the extent such discounts are otherwise permissible by law. 2 11