§ 30-51. Liquidated damages.

(a)

Failure to comply with time and performance requirements. By acceptance of any franchise granted by the county, a franchisee understands and shall agree that failure to comply with any time and performance requirements as stipulated in this article and/or a franchise agreement will result in damage to the county, and that it is and will be impracticable to determine the actual amount of such damage in the event of delay or nonperformance; the franchise agreement shall include but not be limited to provisions for liquidated damages to be paid by the franchisee, in amounts set forth in the franchise agreement and chargeable to the performance bond or letter of credit required by section 30-37 for the following concerns:

(1)

For failure to complete system construction or reconstruction in accordance with this article unless the board specifically approves the delay by motion or resolution, a franchisee shall pay $500.00 per day for each day, or part thereof, the delinquency continues;

(2)

For failure to provide, upon written request, data, documents, reports, and/or information, a franchisee shall pay $50.00 per day for each day, or part thereof, that each violation occurs or continues;

(3)

For failure to test, analyze and report on the performance of the system following a written request to do so, a franchisee shall pay $100.00 per day for each day, or part thereof, that such noncompliance continues;

(4)

For failure to provide in a continuing manner the types of services proposed in the accepted application or renewal proposal, unless the board specifically approves a delay or change or the franchisee has obtained modification of its obligation under 47 U.S.C. section 545 of the Cable Communications Policy Act of 1984, a franchisee shall pay $500.00 per day for each day, or part thereof, that each noncompliance continues;

(5)

For failure of franchisee to comply with operational, maintenance, technical standards or consumer protection standards, franchisee shall pay $500.00 for each day, or part thereof, that such noncompliance continues; and

(6)

For any other action or nonaction by the franchisee, as agreed upon between the county and the franchisee, and set forth in the franchise agreement.

Nothing in this section shall preclude further liquidated damages as agreed upon by the parties in the franchise agreement.

(b)

Notice of intention to assess. If the county administrator concludes that a franchisee is liable for liquidated damages pursuant to this section, he shall issue to the franchisee by certified mail a notice of intention to assess liquidated damages. The notice shall set forth the basis of the assessment, and shall inform the franchisee that liquidated damages will be assessed from the date of the notice unless the assessment notice is appealed for hearing before the board and the board rules:

(1)

That the violation has been corrected; or

(2)

That an extension of time or other relief should be granted.

A franchisee desiring a hearing before the board shall send a written notice of appeal of assessment of liquidated damages by certified mail to the county administrator within ten days of the date on which the county sent the notice of intention to assess liquidated damages. The hearing on the franchisee's appeal shall be within 30 days of the date on which the county receives the written notice of appeal. After the hearing, if the board sustains in whole or in part the county administrator's assessment of liquidated damages, the county administrator may at any time thereafter draw upon the performance bond or the letter of credit required by this article. Unless the board indicates to the contrary, said liquidated damages shall be assessed beginning with the date on which the county sent the notice of the intention to assess liquidated damages and continuing thereafter until such time as the violation ceases, as determined by the county administrator.

(Ord. No. 88-90, § 26; Ord. No. 94-12, § 3)