(a) If the town, in its judgment, determines that a grantee has breached or violated any provision of a franchise agreement or ordinance, or this chapter, the town shall give the grantee written notice of the breach or violation. The notice shall inform the grantee of the possible application of the relevant liquidated damages listed in subsection (b) below.
(b) Subject to the provisions of subsection (f) below, the town may impose the following liquidated damages against a grantee for a breach or violation of any provision of a franchise agreement or ordinance, or this chapter:
(1) Failure to restore damaged property to better or original condition, $500.00 per day plus cost of restoration if not completed within ten business days from receipt of notice from the town.
(2) Failure to bury drops or other cables as required in section 9-137(h) of this chapter, $500.00 per day from two business days after the date of notice by the town.
(3) Failure to complete system construction or conversion as outlined in the franchise, $250.00 per day, up to $5,000.00 per month.
(4) Failure to complete all plant extensions as required by thisfranchise, $100.00 per day beginning two business days from receipt of notice from the town.
(5) Failure to resolve multiple similar unresolved customer complaints, unless beyond the franchisee's control, $500.00 per day in the aggregate beginning two business days from receipt of notice from the town.
(6) Failure to remove or relocate affected cable system before construction begins due to change in street grade or lines or water/wastewater/storm water lines, $500.00 per day beginning two business days from receipt of notice from the town.
(7) Failure to comply with the material provisions of this chapter, franchise, or applicable state or federal law, $500.00 per day beginning two business days from receipt of notice from the town.
(c) Such liquidated damages may be chargeable against grantee's performance bond or letter of credit.
(d) The town retains the right to reduce or waive any of the above-listed liquidated damages.
(e) The imposition of any liquidated damages shall be in addition to and not a limitation upon the other penal provisions of the Town Code of Ordinances or other applicable law, including revocation of a franchise pursuant to this chapter, or other statutorily or judicially imposed penalties. No decision by the town to invoke any remedy under the franchise, this chapter, or any statute, law or ordinance shall preclude the availability of any other such remedy.
(f) Any grantee who receives notice of violation of a provision of this chapter or franchise or that liquidated damages may be imposed for failure to remedy a breach or violation by the relevant time frame set forth in subsection (b) above may, within ten days of receipt of such notice, appeal the notice of violation or decision to impose liquidated damages to the town council. No action to collect any liquidated damages, including charging them against a performance bond or letter of credit, shall be commenced during that ten day period. The appeal must be made in writing to the town attorney, and must state the grounds upon which grantee believes there was no material breach or violation, and that liquidated damages should not be imposed. The town council will hear and make the final administrative determination on any such appeal. If an appeal is timely filed, no action to collect any liquidated damages, including charging them to a performance bond or letter of credit, will be taken until the town council has ruled on the merits of the appeal and grantee has failed to appeal or take other legal action regarding the liquidated damages before a court of competent jurisdiction, which grantee must do within 60 days of the town council's decision.
(Ord. No. 04-009, § 6-53, 8-26-2004)