A violation of any law or regulation referenced in Section 5.48.040 or any other law cited in any amendment to the Digital Infrastructure and Video Competition Act of 2006 (California Public Utilities Code Section 5800 et seq.) shall result in a fine of five hundred dollars per day for each day the violation continues, not to exceed one thousand five hundred dollars. A second violation occurring and not corrected in a twelve-month period shall result in a fine of one thousand dollars per day for each day the violation continues, not to exceed three thousand dollars. A third or subsequent violation in that same twelve-month period shall result in a fine of two thousand five hundred dollars per day for each day the violation continues, not to exceed seven thousand five hundred dollars. The city shall notify the video service provider of the fine(s) in writing and the video service provider shall pay such fine(s) to the city within ten days of the mailing of the notice by the city or file a written request for an appeal of the fine with the city clerk. Upon timely receipt of a written request for an appeal, the city clerk shall schedule the matter for hearing with the city manager or designee within sixty days of receipt of request for appeal. After the time for appeal has run or if the city manager or designee upholds the fine, the city may take any action allowed by law to recover an unpaid fine. Additionally, failure to pay the fine shall be reported to the Public Utilities Commission. Nothing in this section precludes the city from terminating a franchise agreement with a cable operator for breaching the terms of the franchise agreement. One-half of any fine collected by the city shall be submitted to the digital divide account established in Section 280.5 of the Public Utilities Code. (Ord. 4444 § 1, 2007)