Procedure upon determination of violation.

Saint Paul Legislative Code § 430.037

in effect

Sec. 430.037. - Procedure upon determination of violation. (a) Notice, remedy. Whenever the cable communications officer shall find that the company has violated one (1) or more of the terms, conditions or provisions of section 430.036, a written notice shall be sent to the company by registered mail, return receipt requested, informing them of such violation or violations. Such notice shall be entitled a "Violation Notice." The company may remedy violations of subsections (1) through (3) of section 430.036 within three (3) days of tender of the registered letter bearing the "Violation Notice." If the company fails to remedy the violation within three (3) days after tender of the registered letter, penalties shall be assessed in accordance with the provisions in section 430.036 and paragraph (b) of this section. Violation of section 430.036, subsections (4) through (7) shall not be subject to remedy and shall be assessed from the first day of occurrence. (b) Disputed violation, hearing; findings. The company may, within ten (10) days of the tender of written notice as provided for in paragraph (a), notify the cable communications officer by registered mail that (i) there is a dispute as to whether or not a violation has, in fact, occurred or that a penalty is owed; or (ii) the violation has been cured and all amounts owed have been paid. Such notice shall specify with particularity the matters disputed by the company, and the basis for any claims made by the company as to support any claim that the default has been cured. The cable communications officer shall, upon receipt of the company's letter, cause the matter to be referred to the city council for a hearing if there is a dispute under (i), or the cable communications officer is not satisfied that the cure is complete. A hearing shall be held within thirty (30) days of receipt of the company's letter by the council (or a committee thereof) or, if mutually agreed to by the parties, by an independent hearing examiner appointed by the council to determine if there is reason to believe the company has committed a violation of section 430.036 or to determine whether the violation has been cured. After the hearing and review of the committee's report or hearing examiner's report, the council shall determine if there is reason to believe the company has committed a violation of section 430.036, and whether the violation has been cured, and shall make written findings of fact relative to their determination. (c) Satisfaction of penalties. Upon a determination by the council that there is reason to believe a violation has taken place or has not been cured (with all amounts owed paid); or in the event the company chooses not to dispute the finding of the cable communications officer, the city director of the office of technology shall immediately make withdrawals against the letter of credit provided for in the franchise ordinance in accordance with the penalties specified for such violations in section 430.036. The city director of the office of technology may continue to make withdrawals without further authorization from the city council until the company has satisfactorily remedied the term, condition or provision violated. (C.F. No. 97-53, § 18, 2-12-97; C.F. No. 98-277, § 1, 4-29-98; C.F. No. 04-158, § 1, 3-3-04)

Source: City of Saint Paul, Minnesota, City Charter, Legislative Code and Administrative Code (Municode Library, library.municode.com)URL: https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_TITXXXFRRE_CH430CACOSE_ARTIII430.03.ADRE_S430.037PRUPDEVIFetched: 11/1/2026