<div class="chunk-title">Sec. 25-62. - Penalties procedure.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               Whenever grantor has reason to believe that a grantee has violated any material provision
               of a franchise agreement or this chapter, grantor shall first notify the grantee of
               the material violation and demand correction within a reasonable time, which shall
               not be less than 20 days in the case of the failure of a grantee to pay any sum or
               other amount due the grantor under a franchise agreement, and 30 days in all other
               cases. If a grantee fails to correct the violation within the time prescribed, or
               if a grantee is unable to correct the violation and fails to commence corrective action
               within the time prescribed and to diligently remedy such violation thereafter, the
               grantee shall then be given written notice of not less than 20 days for public comment.
               Said notice shall indicate with reasonable specifically the violation alleged to have
               occurred.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               At the public hearing, the board shall hear and consider all relevant evidence and
               thereafter render findings and a decision based upon the evidence. Any such hearing
               must, at a minimum, provide the grantee a full and fair opportunity to be heard by
               the board.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               In the event the board finds that a grantee has corrected the violation or promptly
               commenced correction of such violation after notice thereof from grantor and is diligently
               proceeding to fully remedy the violation, or that no violation has occurred, the proceedings
               shall terminate and no penalty or other sanction shall be imposed.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               In the event the board finds that a violation exists and that a grantee has not corrected
               the same in a satisfactory manner or did not promptly commence and diligently proceed
               to correct the violation, the board may impose liquidated damages to be collected
               from the security fund, as set out in the franchise agreement.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               If the board elects to assess liquidated damages, then such election shall constitute
               grantor's exclusive remedy for a period of 60 days. thereafter, if a grantee remains
               in noncompliance, the grantor may pursue any other available remedy.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               In the event that a franchise is cancelled or terminated by reason of the default
               of a grantee, the security fund deposited pursuant to a franchise agreement shall
               remain in effect and available to the grantor until all pending claims or penalties
               are resolved or settled, after which point any remaining amounts in the security fund
               shall revert to the grantee.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               The rights reserved to grantor with respect to the security fund are in addition to
               all other rights of grantor, whether reserved by a franchise agreement, this chapter,
               or authorized by law, and no action, proceeding, or exercise of a right with respect
               to such security fund shall affect any other right grantor may have.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               In instances of repeated violations, whether remedied or not, the grantor shall serve
               special notice outlining additional remediation requirements. Failure to cure, as
               measured by repeated instances of the same violation, is evidence of an evasive practice
               and may lead to revocation under section [25-64].
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               Grantee acknowledges that noncompliance with the provisions of the franchise agreement
               and this chapter will harm subscribers and the county and the amounts of actual damages
               will be difficult or impossible to ascertain. The county may therefore assess the
               following liquidated damages against grantee for unexcused noncompliance with the
               requirements of the franchise agreement and this chapter. Grantee acknowledges that
               the liquidated damages set forth below are a reasonable approximation of actual damages
               and that this provision is intended to provide compensation and is not a penalty.
               All damages provided shall be cumulative, unless expressly stated.
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               For failure to materially complete construction or extend service in accordance with
               the ordinance and the franchise agreement: $50.00/calendar day for each day the violation
               continues;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               For failure to materially comply with requirements for Public Access Channels: $50.00/calendar
               day for each day the violation continues;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               For failure to comply with the material requirements of the I-Net provisions of the
               ordinance/franchise agreement: $50.00/calendar day for each day the violation continues;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               For repeated, willful or continuing failure to submit reports, maintain records, provide
               documents or information: $50.00/calendar day for each day the violation continues;
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               For failure to comply with the material requirements of the customer service standards:
               $50.00/calendar quarter the violation continues;
               </p>
            		
            <p class="incr1">
               (6)
               </p>
            		
            <p class="content2">
               For failure to comply with the transfer provisions: $50.00/calendar day for each day
               the violation continues;
               </p>
            		
            <p class="incr1">
               (7)
               </p>
            		
            <p class="content2">
               For violation of other material provisions of the ordinance and the franchise agreement:
               up to $50.00/calendar day for each day the violation continues.
               </p>
            		
            <p class="historynote0">
               (Ord. of 9-6-05, Â§ 1; Amend. of 10-3-05, Â§ 4)
               </p></div>