797.12 RATES, FEES AND CHARGES.
   (a)   The Franchisee shall not, except to the extent permitted by applicable law, impose any fee or charge on any Subscriber for service calls to said Subscriber's premises to perform any repair or maintenance work related to the Franchisee-installed equipment necessary to receive Cable Service, except for any such work that was necessitated by a negligent or wrongful act of said Subscriber.
   (b)   The Franchisee may hold a Subscriber responsible and liable for all theft, loss or damage to converters or other equipment provided to the Subscriber by the Franchisee, provided, however, to the extent it can be shown by the Subscriber with clear and substantial evidence that the actions of the Franchisee, its agents or subcontractor(s) reasonably caused such theft, loss or damage to Franchisee's equipment, then such Subscriber shall have no liability.
   (c)   All charges for residential Cable Service must be applied on a nondiscriminatory basis as provided by applicable law.
   (d)   The Franchisee may assess a late charge on delinquent accounts of not more than twenty-five per cent (25%) providing at least twenty-five (25) days have elapsed after the due date of the bill and the subscriber was mailed a written notice of delinquency. No late charge may be assessed on the amount of a bill in dispute if found in favor of the subscriber.
   (e)   The Franchisee shall be entitled to recover a fee for all checks returned due to non- sufficient funds.
(Ord. 41-1998. Passed 8-3-98.)