§ 58-4.222. Unauthorized operation of cable system.
Latest version.
Any person occupying the public rights-of-way of the county for the purpose of operating
or constructing a cable system, which person does not hold a valid franchise from
the county, shall be subject to all provisions of this chapter, including, but not
limited to, those provisions regarding construction, technical standards and franchise
fees. The county at any time may require such person to obtain a franchise agreement
within thirty days of receipt of a written notice from the county that a franchise
agreement is required; require such person to remove its property from the public
rights-of-way, and, at such person's sole expense, restore the area to a condition
satisfactory to the county within a reasonable time period as the county shall determine;
remove the property itself and restore the area to a satisfactory condition and charge
the person the costs therefor; and/or take any other action permitted by law, including,
but not limited to, filing for and seeking damages for trespass. In no event shall
a franchise be created unless it is issued by action of the board of supervisors and
the franchise terms are set forth in a franchise agreement. If a cable operator operates
a cable system without first obtaining a valid franchise from the county, the cable
operator shall forfeit to the county all gross revenues from the system for so long
as such unauthorized operation continues.
(Ords. 2006-65 § 3, 93-55).
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