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SAN LEANDRO ADMINISTRATIVE CODE TITLE 2 CITY MANAGER (4) Reject the recommended decision and conduct a new hearing before a hearing offi- cer provided at Council's expense. If the City Council shall act under either Subsections (2), (3) or (4) above, the Council shall set forth clearly its rationale and reasoning for so doing. (j) Findings by City Council. If the hearing is conducted by the City Council, upon conclu- sion of the proceedings, the Council shall adopt a decision which includes findings of fact and conclusions. X2.3.130: REMEDIES. (a) Monetary Sanctions. Monetary sanctions may be imposed by the City Council upon a find- ing that the Company has not complied with one or more provisions of these Regulations. At the conclusion of a noticed hearing pursuant to §2.3.125(a) above, the City Council may impose monetary sanctions for a violation of an order the City Council issued pursuant to these Regulations. Each violation so found, is not to exceed the amount(s) set forth for the commitment of the applicable violation(s) as set forth below. (b) Conscious Violation. A Conscious Violation is any failure, neglect or refusal of the Com- pany to materially comply with any order issued pursuant to these Regulations, under such circumstances as to indicate: (1) A conscious policy of non-compliance with the requirements thereof, or (2) A conscious lack of a policy of compliance with the requirements thereof. A prior finding of a violation under §2.3.125 or 23.1310 for substantially the same or similar conduct shall create a rebuttable presumption of conscious action or inaction on the part of the Company. For each such violation, the Council may impose a monetary sanction in an amount not to exceed Fifty Thousand Dollars ($50,000) and in addi- tional like sum for each month or portion thereof during which the Company shall fail, neglect or refuse to rectify said violation beginning thirty (30) days after written notice thereof from the Council to the Company. (3) The maximum amount specified above shall be doubled for the second violation un- der that section for substantially the same or similar conduct occurring within any given twenty-four (24) month period and shall be quintupled for the third violation under that section for substantially the same or similar conduct within any given twenty-four(24)month period. (c) Inadvertent Subscriber Violation. An Inadvertent Subscriber Violation is any failure, ne- glect or refusal of the Company to comply with the requirements of an Order issued under these Regulations as to its obligations hereunder in relation to one or more subscribers, in- cluding but not limited to refunding or crediting monies to subscribers pursuant to §2.3.120 hereof and/or 47 CFR §76.942(d)(1) or(2), under such circumstances as do not to indicate a Department Responsible for Revision: City Manager Chapter 2.3 11/20/2006 Page 5