6.17.410 Violation of certain chapter provisions – Penalties.
Without limiting any other rights the city may have under this chapter or other applicable law, and unless specifically provided for to the contrary in any negotiated franchise agreement, for the violation of any of the following provisions of this franchise, penalties shall be chargeable to the letter of credit as follows:
A. For failure to complete system construction and provide service in accordance with BMC 6.17.210, unless the city council specifically approves the delay by motion or resolution, due to the occurrence of conditions beyond company’s control, company shall pay $500.00 per week for each week, or part thereof, the deficiency continues;
B. For failure to provide data, documents, reports and information as required by this franchise or to cooperate with the city during a system review, $150.00 per day, or part thereof, per each separate violation;
C. For failure to test, analyze and report on the performance of the system following a request pursuant BMC 6.17.260(D), company shall pay $250.00 per day for each day, or part thereof, that such noncompliance occurs or continues;
D. For failure to comply with the operational standards contained in this chapter or in the grant of franchise for 30 days following city notice directing the company to make improvements pursuant to BMC 6.17.240, company shall forfeit $200.00 per day or part thereof that the violation occurs or continues.
E. For failure to comply with any of the material provisions of the franchise, for which a penalty is not otherwise specified, the penalty shall be $200.00 per day for each day, or part thereof, such failure occurs or continues. [Ord. 2012-05-030; Ord. 1998-09-075; Ord. 9121 § 18, 1982; Ord. 8999 § 41, 1981].