ORDINANCE 1159ORDINANCE NO. 1159
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO ESTABLISHING MINIMUM CONSUMER
PROTECTION STANDARDS FOR CABLE TELEVISION
SERVICE.
WHEREAS, pursuant to City of El Segundo Ordinance No. 1097,
the City approved the transfer of the City cable television
franchise to Paragon Communications ( "Paragon ");
WHEREAS, Section 2.H. of Ordinance No. 1097 requires Paragon
to provide toll -free telephone service, and advise new subscri-
bers of the availability of said service;
WHEREAS, Section 2.L(1) of Ordinance No. 1097 requires
Paragon to render efficient services making repairs promptly and
interrupting service only for good cause and for the shortest
time possible;
WHEREAS, Section 2.L(2) of Ordinance No. 1097 requires
Paragon to maintain records regarding consumer complaints and
system outages;
WHEREAS, City staff is negotiating an extension of the
existing cable television franchise with Paragon which upon
conclusion of negotiations must be approved by the City Council;
and
WHEREAS, in advance of the conclusion of the franchise
negotiations, the City desires to have cable television consumer
protections in place; and
WHEREAS, the National Cable Television Association, of which
Paragon is a member, has recommended cable industry customer
service standards, many of which are incorporated into this
ordinance; and
WHEREAS, Paragon Cable has been provided a copy of this
ordinance and its prior drafts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of E1 Segundo
hereby finds as follows:
(a) In order to better evaluate whether Paragon is meeting
the conditions of rendering "efficient service" and
making "repairs promptly" as required by Ordinance
1097, it is necessary to establish reasonable consumer
service standards, based upon the standards already
being achieved by a number of other major cable opera-
tors.
(b) The purpose of the standards contained in this Ordi-
nance is to implement the conditions placed upon the
Paragon transfer contained in Ordinance No. 1097 and to
provide standards for any future cable television
franchises issued in the City of E1 Segundo.
SECTION 2. The E1 Segundo Municipal Code is hereby amended
by adding Chapter 12.24 to read as follows:
12.24.010. DEFINITIONS
For the purpose of this Chapter, the following terms,
phrases, words and their derivations shall have the meaning given
herein. Words used in the present tense include the future,
words in the plural number include the singular number, and words
in the singular number include the plural number. Words not
defined shall be given their common and ordinary meaning.
(a) "Basic Cable Service" means any service tier which
includes the retransmission of local television broad-
cast signals.
(b) "Cable Communications System" or "System ", also refer-
red to as "Cable Television System ", "Cable System",
"CATV System", or "Community Antenna TV System ", means
a facility, consisting of a set of closed transmission
paths and associated signal generation, reception, and
control equipment, that is designed to provide cable
service which includes video programming and which is
provided to multiple subscribers within a community but
such term does not include:
(1) A facility that serves only to retransmit the
television signals of one or more television
broadcast stations;
(2) A facility that serves only subscribers in one or
more multiple unit dwellings under common owner-
ship, control, or management, unless such facility
uses any public right -of -way;
(3) A facility of common carrier, except that such
facility shall be considered a cable system to the
extent such facility is used in the transmission
of video programming directly to subscribes; or
(4) Any facilities of any electric utility used solely
for operating its electric utility system.
(c) "Cable Service" means the total of the following:
(1) The one -way transmission to subscribers of video
programming or other programming service; and
(2) Subscriber interaction, if any, which is required
for the selection of such video programming or
other programming service.
(d) "Channel" or "Cable Channel" means a portion of the
electromagnetic frequency spectrum which is used in a
cable system and which is capable of delivering a
television channel as defined by the Federal Communica-
tions Commission.
(e) "City" means the City of E1 Segundo as represented by
the City Council or any delegate acting within the
scope of its jurisdiction.
(f) "Converter" means an electronic device which converts
signal carriers from one form to another.
(g) "Council" means the City Council of the City of E1
Segundo.
(h) "FCC" means the Federal Communications Commission and
any legally appointed or elected successor.
(i) "Franchise" means an initial authorization, or renewal
thereof issued by the City, whether such authorization
is designated as a franchise, permit, license, resolu-
tion, contract, certificate, agreement, or otherwise,
which authorizes the construction or operation of a
cable system.
(j) "Franchise Fees" means any tax, fee or assessment of
any kind imposed by the City on an operation or cable
subscriber, or both, solely because of their status as
such. The term "franchise fee" does not include:
(1) Any tax fee or assessment of general applicability
(including any such tax, fee, or assessment
imposed on both utilities and cable operators or
their services but not including a tax, fee, or
assessment which is unduly discriminatory against
the Franchisee or cable subscribers)
(2) Capital costs which are required by the franchise
to be incurred by Franchisee for public, educa-
tional, or governmental access facilities;
(3) Requirements or charges incidental to the awarding
or enforcing of the franchise, including payments
for bonds, security funds, letters of credit,
insurance, indemnification, penalties, or liqui-
dated damages; or
(4) Any fee imposed under Title 17, United States
Code.
(k) "Operator" or "Franchisee" means any "person" operating
a cable television system within the City of E1 Segundo
pursuant to a franchise.
(1) "Installation" means the connection of the system from
feeder cable to subscribers' terminals, and the provi-
sion of services
(m) "Local Origination Channel" means any channel where the
Operator or its designated agent is the primary pro-
grammer, and provides video programs to subscribers.
(n) "Pay.-Cable", "Pay- Television" or "Pay- Per - View" means
the delivery to subscribers, over the Cable Communica-
tions System, of television signals for a fee or charge
to subscribers over and above the charge for Basic
Cable Service, on a per program, per channel, or other
subscription basis.
(o) "Person" means an individual, partnership, association,
joint stock company, trust, corporation, or organiza-
tional entity.
(p) "Resident" means any person residing in the City as
otherwise defined by applicable law.
(q) "Service Tier" means a category of cable service or
other services provided by an Operator and for which a
separate rate is charged by the Operator.
(r) "State "means the State of California.
(s) "Street" means each of the following which have been
dedicated to the public or hereafter dedicated to the
public and maintained under public authority or by
others and located within the City limits: streets,
roadways, highways, avenues, lanes, alleys, sidewalks,
easements, rights -of -way ana similar public property
and areas that the Franchisee shall permit to be
included within the definition of street from time to
time.
(t) "Subscriber" means any person, firm, corporation, or
other entity who or which elects to subscribe to, for
any purpose, a service provided by the Operator by
means of or in connection with the Cable Communications
System.
12.24.020. SUBSCRIBER BILLINGS.
Any Operator itemization of franchise fee costs on subscri-
bers' bills shall be in accordance with Federal law. If an
Operator elects to indicate the franchise fee as a separate item
on the subscriber billing, it shall also itemize, at a minimum,
the five cost items representing the largest recurring opera-
tional costs to the Operator.
12.24.030. SUBSCRIBER QUALITY STANDARDS.
12.24.031. Technical Standards. The Cable Communications
System shall comply at all times with FCC technical quality and
performance guidelines.
12.24.032. Test and Compliance Procedure.
Every Operator shall submit, within sixty (60) days after
the effective date of this Chapter, a detailed test plan describ-
ing the methods and schedules for testing its Cable System on an
ongoing basis to determine compliance with the provisions of
Section 12.24.031. Subsequently, the testing for compliance with
the Technical Standards shall be performed at intervals no
greater than twelve (12) months. City representatives may wit-
ness the testing, and written test reports shall be submitted to
City. If more than ten percent (10 %) of the locations tested
fail to meet the Technical Standards, the Operator shall be
required to indicate what corrective measures have been taken,
and the entire test shall be repeated. A second failure of more
than ten percent (10 %) may result, at the City's option, in
imposition of the remedies set forth at Section 12.24.120 et sea.
Following a second failure to meet the Technical Standards, each
day the Operator does not meet the Technical Standards shall be
deemed a separate violation of this Chapter.
12.24.033. Special Tests. In addition to the annual test-
ing described at Section 12.24.032, at its discretion, City may
require additional tests, full or partial repeat tests, different
test procedures, or tests involving a specific subscriber's
terminal. Requests for such additional tests will be made on the
basis of complaints received or other evidence indicating an
unresolved controversy or significant noncompliance, and such
tests shall be limited to the particular matter in controversy.
City shall endeavor to so arrange its requests for such special
tests so as to minimize hardship or inconvenience to the Operator
or to the subscriber.
12.24.034. Cost of Tests. The Operator shall bear the cost
of all tests required by this Chapter.
12.24.040. CONSUMER SERVICE STANDARDS.
12.24.041. Business and Service Office. Each Operator
shall maintain a Business and Service Office (the "office ")
within 5 miles of the City limits. The Office shall have the
necessary facilities, equipment and personnel to provide the
following services under normal conditions of operation:
(a) Toll -free telephone lines.
(b) Telephone answer time by a customer service representa-
tive, including wait time and the time required to
transfer the call, not to exceed thirty (30) seconds
for ninety percent (90 %) of callers. The Operators
shall have no more than six (6) months after the effec-
tive date of this ordinance to comply with this
requirement.
(c) The number of rings before a call is answered by auto-
mated answering and distributing equipment shall not
exceed four.
(d) Customers shall receive a busy signal during normal
business hours less than three percent of the total
time that the cable office is open for business.
(e) Emergency toll -free telephone line capacity on a
twenty -four (24) hour basis, including weekends and
holidays.
(f) The Operator shall procure and maintain automatic
telephone monitoring equipment capable of measuring
performance in accordance with (b) and (d) above. A
monthly report of this performance shall be submitted
to the City.
(g) Open to the public 9:00 a.m. to 5:00 p.m. Mondays
through Thursdays, and on 9:00 a.m. to 6:00 p.m. Fri-
days except for holidays, and at least four (4) addi-
tional hours weekly outside of the above hours.
(h) Adequate staffing to accept subscriber payments and
respond to service requests and complaints.
12.24.042. Staffing Levels. Every Operator shall maintain
the following minimum staffing levels:
(a) An agency system maintenance and repair staff, capable
of responding to and repairing major system malfunc-
tions on a twenty -four (24) hour basis
(b) An installation staff, capable of installing service to
any subscriber within seven (7) days after receipt of a
request, in all areas where trunk and feeder cable have
been activated.
(c) An installation staff capable of scheduling all
appointments with subscribers for installation of
service within a specified four (4) hour time period.
12.24.043. Request for Cable Service And Repair Standards.
(a) Every Operator shall render efficient service, make
repairs promptly, and interrupt service only for good
cause and for the shortest time possible. Scheduled
interruptions, insofar as possible, shall be preceded
by notice and shall occur during periods of minimum use
of the system, preferably between midnight and 6:00
a.m. A written log or an equivalent stored in computer
memory and capable of access and reproduction, shall be
maintained for all service interruptions and requests
for cable service as required by Section 12.24.056.
(b) Every Operator shall maintain a repair force of tech-
nicians normally capable of responding to subscriber
requests for service within the following time frames:
(1) System outage: Within two (2) hours, including
weekends, of receiving subscriber calls which by
number identify a system outage of sound or pic-
ture of one (1) or more channels, affecting at
least twenty -five percent (25 %) of the subscribers
of the system.
(2) Partial system outage: Within eight (8) hours,
including weekends, of receiving subscriber calls
which identify a partial system outage of sound or
picture of one (1) or more channels, affecting at
least twenty (20) subscribers.
(3) Isolated outage: Within twenty -four (24) hours,
including weekends, of receiving requests for
service identifying an isolated outage of sound or
picture for one (1) or more channels, affecting an
individual subscriber.
(4) Inferior reception quality: Within forty -eight
(48) hours, including weekends, of receiving a
request for service identifying a problem concern-
ing picture or sound quality.
(c) An Operator shall be deemed to have responded to a
request for service under the provisions of this
Section when a technician arrives at the service loca-
tion and begins work on the problem. In the case of a
subscriber not being home when the technician arrives,
response shall be deemed to have taken place if the
technician leaves written notification of arrival.
(d) No charge shall be made to the subscriber for any ser-
vice call unless the service request can be demon-
strated to be both repeated and non -cable system in
origin, or to involve subscriber negligence.
12.24.044. Installation Practices.
Consistent with Section 12.24.042, no service connection to
a subscriber's home or business shall be installed without sched-
uling an appointment with the subscriber beforehand. Further, no
conduit or equipment shall be installed or work performed on the
building or property of the subscriber without the subscriber's
express approval of the manner of installation.
12.24.045. Verification of Standards. Upon reasonable
notice, each Operator shall demonstrate compliance with any or
all of the standards required in Section 12.24.040 et seq. The
Operator shall provide sufficient detail to permit the City to
verify the extent of compliance.
12.24.050. COMPLAINT PROCEDURE.
12.24.051. Complaints to Operator. Each Operator shall
establish a written procedure for receiving, acting upon and
resolving subscriber complaints without intervention by the City.
The Operator's procedures shall be filed with the City within
sixty (60) days of the effective date of this Chapter. The
written procedures shall prescribe the manner in which a sub-
scriber may submit a complaint either orally or in writing that
the Operator has violated any provision of this Chapter, or the
terms and conditions of the subscriber's contract with Grantee.
At the conclusion of Operator's investigation of a subscriber
complaint, but in no event more than ten (10) business days after
receiving the complaint, Operator shall notify the subscriber and
the City in writing of the results of the investigation and its
proposed action or resolution, if any. The Operator shall also
notify the subscriber of the subscriber's right to file a com-
plaint with the City in the event the subscriber is dissatisfied
with the Operator's decision. No other proceedings to resolve
subscriber complaints shall be undertaken until the Complaint
Procedure established by this Chapter has been exhausted.
12.24.052. Complaints to City. A subscriber who is dis-
satisfied with Operator's proposed decision or who was not pro-
vided with a written decision within the ten (10) business day
period shall be entitled to have the complaint reviewed by the
City. The subscriber shall initiate the review by filing a
written complaint together with the Operator's written decision,
if any, with the City and by the City notifying the Operator of
the filing. The subscriber shall make such filing and notifica-
tion within twenty (20) days of receipt of Operator's decision
or, if no Operator decision has been provided, within thirty (30)
days after filing the original complaint with Operator. The City
may extend these time limits for reasonable cause.
12.24.053. Review by the Operator. The City shall deter-
mine, solely upon a review of a subscribe complaint and the
Operator's decision, if any, whether further action is warranted.
In the event the City does not initiate further proceedings
within fifteen (15) days of the filing of the complaint, the
Operator's proposed action or resolution shall be final. If the
City decides to initiate further investigation, the City shall
require the Operator and the subscriber to submit, within ten
(10) days of notice thereof, a written statement of the facts and
arguments in support of their respective positions. The Operator
or the subscriber may request in such statement that a hearing be
conducted by the City. A hearing if requested shall be conducted
the City following notice in writing specifying the time and
place of such hearing. The hearing shall be conducted informally
by the City Manager or his designee, and the parties may offer
any evidence pertinent to the dispute. The parties shall produce
any additional evidence, including testing reports from the
Operator, which the City may deem necessary to an understanding
and determination of the dispute. The City shall issue a written
decision within fifteen (15) days of receipt of the written
statements or, if a hearing is requested, within fifteen (15)
days of the conclusion of the hearing, setting forth the basis of
the decision. The decision may be appealed to the City Council.
The Council's decision shall be final.
12.24.054. Escrow Account. The City shall establish an
escrow account wherein a subscriber may deposit a disputed por-
tion of the subscriber's monthly service charge. If a subscriber
either continues to make full and timely payment of all monthly
service charges to Operator or deposits any disputed portion of
such monthly service charges to said escrow account, Operator
shall not discontinue service during the pendency of a complaint
submitted under the provisions of this Chapter. Any amounts
deposited in the escrow account shall be paid to the Operator or
subscriber in accordance with a final determination of a com-
plaint.
12.24.055. Complaint File and Reports.
(a) Each Operator shall keep an accurate and comprehensive
file of any and all complaints regarding the cable
system. Complete records of the Operator's actions in
response to all complaints shall be kept. These files
and records shall remain open to the public during
normal business hours, so that individuals are able to
inspect their own files.
(b) Each Operator shall also maintain a summary of service
requests, identifying the number and nature of the
requests and their disposition, for each month. In
addition, each Operator shall maintain a log and sum-
mary of all service interruptions. Such summaries and
logs shall be submitted to the City by the tenth day of
the succeeding month.
12.24.060. NOTICES.
12.24.061. Operating Policies. When subscribers are con-
nected or reconnected to the Cable System, and at least once
annually thereafter, each Operator shall provide each subscriber
with written information concerning the procedures for making
inquires or complaints, including the name, address and local
telephone number of the employee(s) or agent(s) to whom such
inquiries or complaints are to be addressed, and also furnish
information concerning the City office responsible for adminis-
tration of the franchise with the name and telephone number of
the office. The notice shall also indicate the Operator's busi-
ness hours, legal holidays and procedures for responding to
inquiries after normal business hours.
Each Operator shall provide all subscribers and the city
written notice no less than thirty (30) days prior to any pro-
posed change in these policies.
12.24.062. Rates and Services. Each Operator shall provide
all subscribers and the City with at least thirty (30) days
written notice prior to the implementation of any change in rates
or programming services.
12.24.063. Conies to City. Copies of all notices provided
to subscribers shall be filed concurrently with the City.
12.24.064. Identification of Employees.
Every employee of each Operator or its contractors or sub-
contractors dealing with the public shall be clearly identified
on sight to the public as a representative of the Operator.
Every vehicle of each Operator or its contractors or subcontrac-
tors shall be similarly identified. Each Operator's telephone
number shall also be clearly marked on all such vehicles. Each
Operator's employees and agents shall also wear an identification
badge with the employee or agent's name and photograph.
12.24.070. QUALITY OF SERVICE. City may evaluate the over-
all quality of service provided by Operator to subscribers at any
time, based upon the number of subscriber complaints received by
the Operator and the City, and Operator's response to those
complaints. City's evaluation that service quality is inadequate
may lead to direction to Operator to cure the inadequacies.
Operator shall commence corrective action within thirty (30) days
after receipt of written notice.
12.24.080. TENANT RIGHTS. It is City's intent that tenants
not be discriminated against in the ability to subscribe to cable
services. Each Operator shall be required to provide service to
tenants in individual units of a multiple housing facility with
all services offered to other dwelling units within the franchise
area, so long as the owner of the facility consents in writing,
if requested by Operator, to the following:
(a) To Operator's providing the service to units of the
facility;
(b) To reasonable conditions and time for installation,
maintenance, and inspection of the system on the facil-
ity premises;
(c) To reasonable conditions promulgated by Operator to
protect Operator' equipment and encourage widespread
use of the system; and
(d) To not discriminate in rental charges, or otherwise,
between tenants who receive cable service and those who
do not.
12.24.090. OPERATOR RULES AND REGULATIONS. Each Operator
shall have the authority to promulgate such rules, regulations,
terms and conditions governing the conduct of its business as
shall be reasonably necessary to enable the Operator to exercise
it rights and perform its obligations under the franchise, and to
assure an uninterrupted service to each and all of its customers.
However, such rules, regulations terms and conditions shall not
be in conflict with the provisions of this Chapter or applicable
State and Federal laws, rules and regulations.
12.24.100. RIGHTS OF INDIVIDUALS.
(a) Operator shall not deny service, deny access, or other-
wise discriminate against subscribers, PEG access
channel users, or general citizens on the basis of
income, race, color, religion, national origin, age or
sex. Operator shall comply at all times with all other
applicable Federal, State and local laws and regula-
tions, and all executive and administrative orders
relating to nondiscrimination which are hereby incor-
porated and made part of this Chapter by reference.
(b) The Operator's policy with regard to personally iden-
tifiable information shall be consistent with Federal
law.
(c) The entire system of the Operator shall be operated in
a manner consistent with the principle of fairness and
equa. accessibility of its facilities, equipment,
channels, studios and other services to all citizens,
businesses, public agencies and other entities having a
legitimate use for the system, and no one shall be
arbitrarily excluded from its use.
12.24.110. CONTINUITY OF SERVICE MANDATORY.
(a) It shall be the right of all subscribers to continue
receiving service insofar as their financial and other
obligations to the Operator are honored. In the event
that the Operator elects to overbuild, rebuild, modify,
or sell the system, or the City give notice of intent
to terminate or fails to renew this franchise, the
Operator shall act so as to ensure that all subscribes
receive continuous, uninterrupted service.
In the event of a change of Operator, or in the event a
new Operator acquires the system, the original Operator
shall cooperate with the City and the new Operator in
maintaining continuity of service to all subscribers.
During such period, the original Operator shall be
entitled to the revenues for any period during which it
operates the system, and shall be entitled to reasona-
ble costs for its services when it no longer operates
the system.
(b) In the event Operator fails to operate the system for
seven (7) consecutive days without prior approval of
the City or without just cause, the City may, at its
option, operate the system or designate an Operator
until such time as Operator restores service under
conditions acceptable to the City or a permanent Opera-
tor is selected. If the City is required to fulfill
this obligation for the Operator, then during such
period as the City fulfills such obligation, the City
shall be entitled to collect all revenues from the
system, and the Operator shall reimburse the City for
al reasonable costs or damages in excess of the reve-
nues collected by the City that are the result of the
Operator's failure to perform.
12.24.120. VIOLATIONS.
12.24.121. Remedies for Violations. Any breach of the
provisions of this Chapter is subject to any or all of the fol-
lowing remedies:
(a) Any person violating any of the provisions of this
Chapter shall be guilty of a misdemeanor.
(b) The City may enforce the provisions of this Chapter by
civil action, including injunctive relief.
(c) Any private citizen may enforce this Chapter by civil
action.
(d) Any material violation of a provision of this Chapter
is subject to administrative assessment of penalties
and order to remedy the violation(s) pursuant to
Section 12.24.122.
(e) Any material violation of a provision of this Chapter
is declared a nuisance, and may be abated pursuant to
Section 12.24.123.
(f) Revocation of the Franchise.
12.24.122. Administrative Adjudication of Violations of the
Consumer Protection Standards. The City may prosecute adminis-
tratively any material violation of this Chapter pursuant to the
procedures set forth at Sections 12.24.124 and 12.24.125. The
hearing officer shall have the authority to (i) order the Opera-
tor to undertake remedial action to cure any breach of its obli-
gations under this Chapter, (ii) levy a penalty upon the Operator
up to Five Hundred Dollars ($500.00) per day, per violation, and
(iii) find that the Operator has not violated any of its obliga-
tions under this Chapter.
12.24.123. Nuisance Abatement. The City may prosecute any
material violation of this Chapter as a nuisance pursuant to the
procedure set forth at Sections 12.24.126 through 12.24.130.
12.24.124. Procedure for Administrative Adjudication of
Violation of Chapter.
(a) The City Manager may notify the Operator of any viola-
tion of this Chapter. The notice may be by telephone
or telecopy and shall be confirmed in writing and
establish a reasonable time to cure the violation. The
period to cure shall be a minimum of five (5) working
days (except in cases of emergency where a shorter time
may be prescribed consistent with the nature of the
emergency).
(b) Upon receiving the City Manager's notice of a breach of
this Chapter, the Operator shall investigate the
alleged breach, and within the time period established
in the notice, notify the City Manager in writing of
the results of the investigation and its action to cure
the - violation, if any. In the event the City Manager
does not refer the matter to the City Council or to an
administrative hearing as provided under Section
12.24.125 of this Chapter within thirty (30) days of
the receipt of the Operator's response, the Operator's
proposed action or resolution shall be final.
12.24.125. Administrative Hearing Procedures:
(a) The City Manager shall select an independent hearing
officer.
(b) The hearing shall be conducted according to California
Code of Civil Procedure Section 1230, et sea. (the
"General Arbitration Act ").
(c) Any failure of the Operator to comply with the final
order of the hearing officer shall be deemed a material
breach of the Franchise.
(d) The hearing officer's decision may be appealed to the
City Council."
12.24.126. Commencement of Nuisance Abatement Proceedings.
Whenever City Manager reasonably believes a public nuisance under
this Chapter exists, he may commence abatement proceedings. The
City Manager shall cause a written notice to be issued to abate
such nuisance.
(a) The notice shall contain a description of the nuisance.
It shall refer to this section and the violation(s) of
this Chapter at issue, and shall direct compliance by
removal or correction of the condition which is in
violation of the provisions of this Code within the
time period set forth at Section 12.24.124(1). The
notice shall further describe the consequences of
failure to comply as prescribed in this section.
(b) The notice shall be served on the Operator by regis-
tered or certified mail, return receipt requested.
Delivery by first class mail shall be used when deliv-
ery by registered or certified mail is refused. Such
notice by mail shall be sufficient for purposes of this
Chapter.
(c) Failure of any person to receive a notice shall not
affect the validity of any proceedings under this
Chapter.
12.24.127. Voluntary Abatement of Public Nuisances. The
Operator may abate the nuisance at any time within the abatement
period. The City Manager shall be advised of the abatement and
shall inspect the system to ensure that the nuisance has in fact
been abated.
12.24.128. Involuntary Abatement. Upon failure of the Opera-
tor to correct the condition as described in the notice by the
date specified, the City Manager shall cause an administrative
hearing to be held to determine whether a nuisance exists. The
City Manager shall give the Operator at least fourteen (14) days
written notice of the hearing. The hearing shall be conducted
pursuant to Section 12.24.125, and the hearing officer may order
the nuisance abated and /or assess penalties up to $500 per day
per violation until the nuisance is abated. The Operator shall
be liable for all costs of abatement as provided for at Califor-
nia Government Code Section 38773.5.
12.24.129. Assessment Lien. The total cost for abatement
of the nuisance and any resulting penalties, as confirmed by the
City Council, shall constitute a special assessment against the
Operator's land and, upon recordation in the office of the County
Recorder of a Notice of Lien, shall constitute a lien on the
property for the amount of the assessment.
After confirmation and recordation, a copy of the Notice of
Lien may be turned over to the tax collector to add the amounts
of the assessments to the next regular tax bill levied against
the Operator. Thereafter the assessment amounts shall be col-
lected at the same time and in the same manner as ordinary prop-
erty taxes are collected and shall be subject to the same penal-
ties and the same procedure for foreclosure and sale in case of
delinquency as provided for ordinary property taxes. After
recordation, the lien may be foreclosed by judicial or other sale
in the manner and means provided by law.
12.24.130. Alternate Actions. Nothing in this Chapter
shall be deemed to prevent the City from commencing a civil or
criminal proceeding to abate a public nuisance or from pursuing
any other means available to it under provisions of applicable
ordinances or state law to correct hazards or deficiencies in
real property in addition to or as alternatives to the proceed-
ings set forth herein.
SECTION 3. The City Clerk is directed to certify the adop-
tion of this ordinance and shall cause the same to be published
or posted in the manner prescribed by law.
PASSED AND ADOPTED THIS 5th day of February 1191.
of
T S
ty Clerk of the
City of E1 Segundo
City of E1 Segundo
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing ordinance, being Ordinance No. 1159 is a full, true correct original of
Ordinance No. 1159 of the said City of El Segundo, California, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
ESTABLISHING MINIMUM CONSUMER PROTECTION STANDARDS FOR
CABLE TELEVISION SERVICE.
which was duly passed and adopted by the said City Council, approved and signed by the
Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of
the said Council held on the 5th day of February, 1991, and the same was so passed and
adopted by the following vote:
AYES: Councilmembers Dannen, Clutter, West, Wise and
Mayor Jacobsen
NOES: None
ABSTENTIONS: None
I do hereby further certify that pursuant to the provisions of Section 36933 of the
Government Code of the State of California, that the foregoing Ordinance No. 1159 was
duly and regularly published according to law and the order of the City Council of said
City of El Segundo Herald, a weekly newspaper of general circulation, printed, published
and circulated within said City and that the same was so published therein on the
following day, to wit:
Ronald L. Hart
City Clerk of the
City of El Segundo, California
(SEAL)