§ 110.99 PENALTY.
   (A)   For the violation of any of the following provisions of this chapter, the county shall notify the grantee in writing of the violation and the grantee shall be allowed not more than 30 days to correct such violation, or be subject to the penalties provided by G.S. § 14-4. Such penalties shall be payable in cash, cashiers check, or money order.
      (1)   For failure to adhere to system construction milestones and other construction, reconstruction or upgrade commitments in accordance with the franchise agreement, unless the Board specifically approves the modification due to the occurrence of conditions beyond grantee's control, grantee shall pay a fine for each day, or part thereof, that the time schedule is not met.
      (2)   For failure to provide data, documents, reports, or information required by this chapter to the county, grantee shall pay a fine for each day, or part thereof that such violation occurs.
      (3)   For failure to test, analyze and report on the performance of the system following a request by the county, grantee shall pay a fine for each day, or part thereof, that the noncompliance continues.
      (4)   For failure to provide the community channel and equipment as required in this chapter or in the franchise agreement, the grantee shall pay a fine for each day, or part thereof, that such noncompliance continues.
      (5)   For failure to provide in a continuing manner the services required herein, or in the franchise agreement, the grantee shall pay a fine for each day, or part thereof, that each noncompliance continues.
   (B)   No penalty shall be assessed if the violation occurs without fault of the grantee or occurs as a result of circumstances beyond its control. The grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers, or employees.
(Ord. passed 2-5-90)