A.
For violation of provisions of this chapter or a franchise agreement granted pursuant to this chapter, the municipality may impose penalties (chargeable to a franchisee's Security Fund, to the extent available), as follows:
(1)
For failure to submit any required plans indicating expected dates of installation of various parts of the system: $400 per day for each violation for each day the violation continues.
(2)
For failure to commence operations in accordance with the requirements of the franchise agreement: $1,000 per day for each violation for each day the violation continues.
(3)
For failure to complete construction of any system or upgrade in accordance with the franchise agreement: $200 per day for each day the violation continues.
(4)
For transferring the franchise without approval: $1,000 per day for each violation for each day the violation continues.
(5)
For failure to comply with requirements for public, educational and governmental use of the system: $100 per day for each violation for each day the violation continues.
(6)
For repeated failure to supply information, reports or filings lawfully required under the franchise agreement or applicable law or by the municipality: $50 per day for each violation for each day the violation continues.
(7)
For repeated violation of customer service standards: $100 per violation.
(8)
For failure, unless such failure is beyond the franchisee's control, of the system to perform in the event of a public emergency or vital information situation: $250 per occurrence.
(9)
For failure to render payment for reimbursement of any franchise expenses, or failure to pay franchise fees or liquidated damages: $100 per day.
(10)
For failure to file, obtain or maintain any required Security Fund in a timely fashion: $50 per day.
(11)
For failure to restore damaged property: $50 per day, in addition to the cost of the restoration as required elsewhere herein or in a franchise agreement.
B.
To the extent that penalties are applied to a franchisee under this section, a franchisee shall not be subject to liquidated damages payable to the municipality for the same violation.
C.
The municipality may reduce or waive any of the above-listed penalties for good cause shown.
D.
Before the remedies specified herein may be applied, the municipality shall first notify the franchisee, in writing, of the violation, and the franchisee shall have 30 days, or such additional time as the municipality shall specify, to cure the violation without penalty.
E.
Pending litigation or any appeal to any regulatory body or court having jurisdiction over a franchisee shall not excuse the franchisee from the performance of its obligations under this chapter or its franchise agreement unless a stay is obtained from a forum of competent jurisdiction.