§ 58-4.1024. Violations.

(1)

Criminal Penalties. Any person who violates any provision of this division may be guilty of a misdemeanor or an infraction, as otherwise provided by applicable law.

(2)

Administrative Penalties. Any person who violates any provision of this division, or who violates any condition of any license or permit issued hereunder, or who breaches any franchise agreement or other agreement with the county may be liable for an administrative penalty, as otherwise provided by applicable law.

(3)

Revocation, Reduction of Term, or Forfeiture of Franchise.

(a)

(i)

The county shall have the right to revoke the franchise for any material violation of a franchise agreement.

(ii)

Notice of Violation or Default. In the event the county believes that a cable operator has not complied with a material term of the franchise, it shall notify the operator in writing with specific details regarding the exact nature of the alleged noncompliance or default. No opportunity to cure is required for fraud.

(iii)

Operator's Right to Cure or Respond. The operator shall have ninety days from the receipt of the county's written notice: (A) to respond to the county, contesting the assertion of noncompliance or default; or (B) to cure such default; or (C) in the event that, by nature of the default, such default cannot be cured within the ninety-day period, initiate reasonable steps to remedy such default and notify the county of the steps being taken and the projected date that they will be completed.

(iv)

Public Hearings. In the event the operator fails to respond to the county's notice or in the event that the alleged default is not remedied within ninety days or the date projected by the operator, the county may give the operator written notice of its intent to revoke the franchise, stating its reasons. Prior to revoking the franchise, the county shall schedule a public hearing, on at least thirty calendar days' notice, at which time the operator and the public shall be given an opportunity to be heard. Following the public hearing, the county may determine whether to revoke the franchise based on the information presented at the hearing, and other information of record, or, where applicable, grant additional time to the operator to effect any cure. If the county determines to revoke the franchise, it shall issue a written decision setting forth the reasons for its decision. A copy of such decision shall be transmitted to the operator.

(b)

Notwithstanding the foregoing, the board of supervisors may declare a franchise forfeited where the cable operator (i) fails to begin to exercise its rights under the franchise within a period specified in the franchise agreement; (ii) transfers the franchise in a manner inconsistent with the terms of this division or the franchise agreement; (iii) fails to pay the fees owed hereunder; or (iv) defrauds or attempts to defraud the county or its customers.

(c)

Upon revocation, final denial of renewal pursuant to federal law, or forfeiture of a franchise, a cable operator shall be obligated to cease using its system for the purposes authorized by the franchise. The county may (i) purchase the cable operator's facilities at a price established in accordance with 47 U.S.C. Section 547; (ii) effect a transfer of the cable operator's facilities to another person at such a price; or (iii) require the cable operator or its surety to remove some or all of the cable operator's facilities from the public rights-of-way or county-owned property and to restore the public rights-of-way and county-owned property to their proper condition. Notwithstanding anything in this division to the contrary, should a cable operator fail, refuse, or neglect to remove such facility, the county may remove the facility at the expense of the cable operator. Regardless of the existence or amount of any security fund or performance bond, the obligation of a cable operator to remove shall survive the termination of the franchise. This provision does not authorize the county to purchase, effect a transfer of, or require a cable operator to remove, any facilities that are used to provide another service for which the cable operator holds a valid franchise issued by the board of supervisors.

(4)

Cumulative Remedies. The foregoing remedies shall be deemed non-exclusive, cumulative remedies and in addition to any other remedy the county may have at law or in equity.

(Ords. 2006-65 § 3, 93-55).

Article 58-4.12. Rate Regulation