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A. Each franchise provision, including rules adopted hereunder, is assigned an enforcement code consisting of two letters, such as (A/I).

1. The first letter represents the severity of the infraction (A being the most severe), and the second identifies the incident definition.

2. Incident definitions indicate whether the infraction is measured “per day,” referred to as D, “per class,” referred to as C, or “per incident,” referred to as I.

B. The severity of the infraction is described in the following table:

Category

First Infraction

Second Infraction

Third and Subsequent Infractions

A

$500

$1,000

$1,500

B

$400

$800

$1,200

C

$300

$600

$900

D

$200

$400

$600

E

Warning

Warning

Treat as D

C. 

1. In addition to monetary penalties and upon recommendation by the city manager, the city council may terminate for default a franchise held by a person who is assessed more than $2,000 in penalties per 1,000 customers in any 365-day period.

2. In the event a franchise is sold, the infraction record of the previous owner will remain with the new owner, if the previous owner maintains any ownership or control of the new owner of the franchise.

D. Penalties not paid within the allotted time are subject to interest charges at the statutory rate of interest. [BC 4.08.420, added by Ordinance No. 4203, 5/6/02; amended by Ordinances No. 4613, 4/2/13, Ordinance No. 4794, 12/1/20]