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SAN LEANDRO ADMAN n i RATIVE CODE <br />TITLE 34- 2 CABLE TELEWSION CITYMANAGER <br />Chapter 13 Basic Cable Television Service Tier -Rate Regulations <br />431:4-.2.3.125: ENFORCEMENT. <br />(a) Informal Resolution. In the event that the Company shall fail, refuse or neglect to <br />comply fully with the requirements of these Regulations, the City Manager shall, except <br />in instances in which time is of the essence in obtaining the Company's compliance <br />and/or the City Manager determines that such efforts would be futile, attempt informal <br />resolution and rectification of the Company's non-compliance by informal meeting <br />and/or telephone conference between the Company and the City Manager. Said informal <br />resolution efforts shall be initiated by the City Manager's general statement of the alleged <br />violations under investigation and the general nature of the evidence then known by the <br />City Manager. Notwithstanding the foregoing, the nature and extent of evidence which <br />may be presented by the City Manager in any subsequent Enforcement Hearing pursuant <br />to section 31.1.125(d) below shall not be limited or abridged by reason of the <br />presentment or non -presentment or recitation or non -recitation of such evidence in the <br />course of the informal resolution efforts. <br />(b) Council Preference for Cure. To the extent reasonably consistent with the goal of <br />obtaining compliance with the Regulations, it shall be the policy of the City Council to <br />notify the Company of a possible or alleged violation and, if said violation is then <br />curable, allow a reasonable time for the Company to cure the possible or alleged <br />violation. If the Company does so cure, in the absence of aggravating circumstances, it <br />shall be the preference of the City Council to abstain from further enforcement action. <br />(c) Determination of Probable Cause for Enforcement Hearing. In the event that the <br />informal efforts at resolution are ineffective or otherwise inappropriate: <br />(1) The City Manager may notice the Company to meet with the City Manager on not <br />less than ten (10) days notice to determine whether or not probable cause exists to <br />believe that the Company has failed, neglected or refused to comply with the <br />provisions of these Regulations; or <br />(2) In the sole discretion of the City Manager, the City Manager may notice the <br />Company to meet with the Council on not less than ten (10) days notice to <br />determine whether or not probable cause exists to believe that the Company has <br />failed, neglected or refused to comply with the provisions of these Regulations. <br />In either event, the probable cause determination shall be initiated by the City <br />Manager's general statement of the alleged violations under investigation and the <br />general nature of the evidence then known to the City Manager and/or the <br />Department Responsible for Revision: City Manager Chapter 2.3 <br />2006 Page 3 <br />