Sec. 26-51. - Administration and appeals.

(a)

The county administrator, either directly or through his or her designee, shall have the responsibility for overseeing the day-to-day administration of this article and franchise agreements. The county administrator and county attorney shall be empowered to take all administrative actions on behalf of the county, except for those actions specified in this article that are reserved to the board of county commisioners. The county administrator and county attorney may recommend that the board of county commisioners take certain actions with respect to a franchisee. The county administrator shall keep the board of county commisioners apprised of developments in cable systems and provide the board of county commisioners with assistance, advice, and recommendations as appropriate.

(b)

Subject to applicable law, the board of county commisioners shall have the sole authority to grant a franchise, authorize the entering into of a franchise agreement, modify a franchise agreement, renew or deny renewal of a franchise, revoke a franchise, and approve the transfer of a franchise.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-52. - Performance evaluations.

The county may conduct periodic performance evaluations of a franchisee as the county determines to be necessary. A franchisee shall cooperate with these evaluations reasonably and in good faith.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-53. - Notices.

All written notices required by this article between the county and a franchisee shall be delivered via hand delivery via overnight courier, or certified mail. Notice to the franchisee shall be deemed effective upon receipt. Notice to the county shall be effective upon receipt by the county administrator and the chairman of the board of county commisioners.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-54. - Force majeure.

In the event a franchisee's performance of or compliance with any of the provisions of this article or a franchise agreement is prevented by a cause or event not within the franchisee's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that the franchisee uses all practicable means to cure or correct expeditiously any such inability to perform or comply. For purposes of this article and any franchise agreement, causes or events not within a franchisee's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within the franchisee's control, and thus not falling within this section, shall include, without limitation, the franchisee's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance, or nonfeasance by any of the franchisee's directors, officers, employees, contractors, or agents.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-55. - Enforcement and penalties.

(a)

False complaints against franchisees. It shall be a violation of this article to intentionally file a false complaint with the county against a franchisee. The county may fine any person who intentionally files a false complaint against a franchisee in the amount of $55.00 for the first violation and $130.00 for each subsequent violation. The county may pursue further penalties pursuant to applicable law, including section 1-11 of the County Code.

(b)

Intentional misrepresentation by a franchisee. Intentional misrepresentation by a franchisee in any response to a notice of violation or notice of proposed refund or fine, or to the county's request for other information shall be grounds for franchise revocation or other action by the county.

(c)

Effect of violations on franchise agreement. To the extent consistent with applicable law, the county expressly reserves the right to consider violations of consumer protection standards or submitting any false information in evaluating any application for renewal, modification, or transfer of any franchise agreement.

(d)

Enforcement.

(1)

In addition to any other remedies available at law or equity or provided in this article, or in any franchise agreement, the county may impose a fine in the amount of $500.00 per violation of this article with each day of a continuing violation constituting a separate violation of this article.

(2)

Violations, fines and penalties, remedies and prosecution. Fines, penalties, remedies and prosecution for any violation of this article shall be pursuant to the County Code of Ordinances, including this article and section 1-11 as amended, and the county uniform fine schedule, as amended. The amount of fines specified in this article shall control in the event of a conflict with the uniform fine schedule, as amended. Each violation of this article shall be a separate offense.

(3)

Before imposing a fine pursuant to this section, the county shall give the franchisee written notice of the violation and its intention to assess such fine, which notice shall contain a description of the alleged violation. Whenever practicable, the franchisee shall have ten calendar days after notice to cure the violation and the county shall make good faith reasonable efforts to assist the franchisee in resolving the violation. If the violation is not cured within that ten-day period, the county may impose fines. Each day or part thereof of a continuing violation shall constitute a separate violation for which the imposed fine shall accrue beginning with the first business day after the time period to cure the violation has expired. The county may collect such fines either by removing such amount from the security fund, pursuant to the procedures contained in section 1-11 of the County Code, or through any other means allowed by law.

(4)

In addition to any other remedies available at law or equity or provided in this article or in any franchise agreement, the county may apply any one or combination of the following remedies in the event a franchisee materially violates this article, its franchise agreement, or applicable law:

a.

If after 30 days notice of a violation, a franchisee has failed to cure such violation or taken such steps as may be reasonably possible to cure in the time period, the county may revoke a franchise by vote of the board at a public hearing of which franchisee has been given 30 days notice and at which franchisee has a right to be heard pursuant to the procedures specified in this article.

b.

In addition to or in lieu of any other remedy, the county may seek legal or equitable relief from any court of competent jurisdiction.

(5)

In determining which remedy or remedies are appropriate, the county shall take into consideration the nature of the violation, the persons bearing the impact of the violation and the effect of such violation, the nature of the remedy required to prevent further violations, and such other matters as the county determines are appropriate to the public interest.

(6)

Failure of the county to enforce any requirements of a franchise agreement or this article shall not constitute a waiver of the county's rights under a franchise agreement or this article, and shall not constitute a waiver of the county's right under a franchise agreement or this article to pursue remedies with respect to a violation or subsequent violations of the same type or to seek appropriate enforcement remedies.

(7)

In any proceeding wherein there exists an issue with respect to a franchisee's performance of its obligations pursuant to this article or a franchise agreement, the franchisee has, throughout any such proceedings and appeals thereof, the burden of proving that said franchisee is in compliance with the terms of this article or a franchise agreement. The board of county commisioners may find a franchisee that does not demonstrate compliance with the terms and conditions of this article in default and apply any one or combination of the remedies otherwise authorized by this article.

(8)

Nothing in this article shall affect or limit the remedies the county has available under applicable law.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-56. - Removal of facilities.

(a)

In the event the use of any part of a cable system or OVS is discontinued for any reason for a continuous period of 12 months, or in the event such system or facilities have been installed in any public rights-of-way without complying with the requirements of this article or a franchise agreement, or the franchise has been terminated, canceled, or expired, the franchisee, within 30 days after written notice by the county, shall commence removal from the public rights-of-way of all such facilities as the county may require.

(b)

The county may extend the time for the removal of franchisee's equipment and facilities for a period not to exceed 180 days, and thereafter such equipment and facilities may be deemed abandoned.

(c)

In the event of such removal or abandonment, the franchisee shall restore the area to at least as good a condition as prior to such removal or abandonment.

(Ord. No. 02-18, § 2, 7-30-02)

Sec. 26-57. - Municipal cable system ownership and acquisition.

(a)

If a renewal of a franchise is denied and the county acquires ownership of a cable system or requires a transfer of ownership of the cable system or OVS to another person, any such acquisition or transfer shall be:

(1)

At fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the franchise. Factors to be considered in determining the fair market value include, but are not limited to, system cash flow, existing and potential good will, and existing arrangements with programmers and subscribers; or

(2)

At a price determined in accordance with the franchise agreement if such franchise agreement contains provisions applicable to such an acquisition or transfer.

(b)

If a franchise is revoked for cause and the county acquires ownership of the cable system or OVS or requires a transfer of ownership to another person, any such acquisition or transfer shall be:

(1)

At an equitable price. Factors to be considered in determining equitable price include, but are not limited to, damages to the county resulting from the franchisee's breach of the franchise; or

(2)

In the case of any franchise existing on the effective date of this article, at a price determined in accordance with the franchise agreement if such franchise agreement contains provisions applicable to such an acquisition or transfer.

(c)

Nothing in this section shall prevent the price of the cable system (whether fair market value or equitable price) from being affected by related matters subject to local control.

(Ord. No. 02-18, § 2, 7-30-02)