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SAN LEANDRO ADMINISTRATIVE CODE TITLE M J. CABLE TELEVISION CITY MANAGER Chapter 4- J. Basic Cable Television Service Tier-Rate Regulations &M.h2.3.125: ENFORCEMENT. (a) Informal Resolution. In the event that the Company shall fail, refuse or neglect to comply fully with the requirements of these Regulations, the City Manager shall, except in instances in which time is of the essence in obtaining the Company's compliance and/or the City Manager determines that such efforts would be futile, attempt informal resolution and rectification of the Company's non-compliance by informal meeting and/or telephone conference between the Company and the City Manager. Said informal resolution efforts shall be initiated by the City Manager's general statement of the alleged violations under investigation and the general nature of the evidence then known by the City Manager. Notwithstanding the foregoing, the nature and extent of evidence which may be presented by the City Manager in any subsequent Enforcement Hearing pursuant to section 31.1.l25( d) below shall not be limited or abridged by reason of the presentment or non-presentment or recitation or non-recitation of such evidence in the course ofthe informal resolution efforts. (b) Council Preference for Cure. To the extent reasonably consistent with the goal of obtaining compliance with the Regulations, it shall be the policy of the City Council to notify the Company of a possible or alleged violation and, if said violation is then curable, allow a reasonable time for the Company to cure the possible or alleged violation. If the Company does so cure, in the absence of aggravating circumstances, it shall be the preference of the City Council to abstain from further enforcement action. (c) Determination of Probable Cause for Enforcement Hearinl!. In the event that the informal efforts at resolution are ineffective or otherwise inappropriate: (1) The City Manager may notice the Company to meet with the City Manager on not less than ten (10) days notice to determine whether or not probable cause exists to believe that the Company has failed, neglected or refused to comply with the provisions ofthese Regulations; or (2) In the sole discretion of the City Manager, the City Manager may notice the Company to meet with the Council on not less than ten (10) days notice to determine whether or not probable cause exists to believe that the Company has failed, neglected or refused to comply with the provisions of these Regulations. In either event, the probable cause determination shall be initiated by the City Manager's general statement of the alleged violations under investigation and the general nature of the evidence then known to the City Manager and/or the Department Responsible for Revision: City Manager 2006 Chapter 2.3 Page 3 33