Ordinance No. 19359 - Laserfiche WebLink

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Section 19. Penalties. Subject to the requirement of prior notice as set forth in ~d~ below, for violations of this ordinance occurring without just cause or excusable neglect, Grantor may, at its di screti an, assess pen- al ti es against Grantee as fol 1 aws ~a} For failure to adhere to material representations made in the map and plan referred to in Section 7~3~, $200 per day for each represen- tation not fulfilled. Amended by Qrdinance No. 19359, 14114/85.} ~b~ Far failure to provide information or reports as required by terms of the ordinance, $50 per day for each failure to perform a spe- cific requirement. ~c~ For failure to make a good faith effort to correct a sub- scriber service problem after notice from the commission, $50 per day for each such failure, except that should the penalty amount to more than $1,000 for any continuous period during which a penalty~ies~ under this sec- tion is being applied, Section 15 procedures may be invoked by either Grantor or Grantee regarding any continuing penalties over $1,000 and the arbitra- tion procedure of Section 15 shall apply without agreement of both Grantee and Grantor, but upon the request of either one. Should the arbitrator~s~ determine that Grantee`s effort was in good faith, Grantee shall be refund- ed the penalty amount previously paid. Amended by ordinance No. 19359, 10114185. ~ ~d~ Asa condition precedent to imposition of a penalty, Grantor shall give Grantee written notice specifying the nature of Grantee's violation of this ordinance with reasonabl e particularity. Nati ce shal 1 be by certified United States mail with a return receipt requested, and shall be deemed given when actually delivered ar as of 5 p.m. on the fifth day follow- ing the date actually mailed. Grantee shall be subject to a penalty if the violation of the ordinance is not cured within l0 days after notice is given or in the event the violation cannot be cured far reasons beyond the control Qrdinance - 35