§ 5.12.470. Enforcement and remedies.

Franchise Violation-Notice and Procedures. Before revoking a franchise or issuing an order to assess liquidated damages, the county shall follow the procedures set forth below:

A.

The county shall notify a cable communications system operator in writing of any alleged violation ("violation notice") of a franchise or this chapter. The violation notice shall: (1) identify the violation; (2) direct the cable communications system operator to cure the violation or show cause why the violation cannot or should not be cured; and (3) state the time for the cable communications system operator's response, which shall be at minimum thirty days from the date of issuance of the violation notice, except for violations that present a danger to public health, safety or welfare, in which case the time for response may be shortened.

B.

Within the time period designated for response in the violation notice issue pursuant to subsection (A) of this section, the cable communications system operator shall respond in writing to the county indicating that: (1) the cable communications system operator intends to contest the violation notice and describing all facts relevant to its claim; or (2) the cable communications system operator has completely cured the violation, in which case the cable communications system operator shall provide documentation demonstrating that the violation has been completely cured; or (3) the cable communications system operator has begun to correct the violation, however, the violation cannot be corrected immediately despite the cable communications system operator's continued due diligence, in which case the operator shall describe in detail the steps already taken and operator's proposed plan and time schedule for completely curing the violation. The county may accept, modify, or reject the cable communications system operator's proposed plan and time schedule for curing the violation. Correction of the violation is not complete until all damages and penalties owed are paid in full.

C.

If the cable communications system operator contests the violation notice or the county determines that the cable communications system operator has failed to completely cure the violation, to submit an acceptable plan to cure the violation, or to work diligently to cure the violation, the county shall schedule a hearing before the director or the director's designee ("violation hearing"). The county shall provide cable communications system operator written notice of the violation hearing at least twenty days prior to the hearing ("hearing notice").

D.

The hearing notice shall indicate: (1) the time and place of the violation hearing; (2) the nature of the violation; and (3) the cable communications system operator's right to present oral and written testimony at an open and public meeting.

E.

At the violation hearing, the director or the director's designee shall hear and consider evidence from the cable communications system operator, county staff and members of the public regarding the alleged violation. The cable communications system operator shall be given an opportunity to present any and all evidence relating to the alleged violation.

F.

If, based upon the evidence presented at the violation hearing, the director or the director's designee finds that cable communications system operator has violated its franchise, any provision of this chapter or any applicable state or federal law, the director or the director's designee may issue an order assessing liquidated damages if provided for by the cable communications system operator's franchise, or, subject to Section 5.12.480 and the terms of the cable communications system operator's franchise, revoke or shorten the franchise. The cable communication system operator may appeal the decision to the board of supervisors.

G.

If the cable communications system operator files a written appeal to the board of supervisors pursuant to subsection (F) of this section, the board of supervisors shall hold a public hearing to consider the appeal. Notice of the hearing shall be given to the cable communications system operator at least twenty days prior to the hearing. Such notice shall include the information described in subsection (D) of this section. If, based upon the evidence presented at the public hearing, the board of supervisors find that the cable communications system operator has violated its franchise, this chapter, or any applicable state or federal laws, the board of supervisors may issue an order assessing liquidated damages if provided for by the cable communications system operators' franchise, or, subject to Section 5.12.480 and the terms of the cable communications system operators' franchise, revoke or shorten the term of the franchise.

(Ord. 1262 § 2 (part), 2005)