For the violation of any of the following provisions of this chapter, penalties shall be paid by the grantee within 30 days after request for same by the town. These penalties shall be chargeable, to the extent available, to the performance bond if not rendered by the grantee within the aforesaid period of time.
(A) For failure to complete system construction, including all upgrade improvements, in accordance with the plan included in the franchise agreement, unless the town specifically approves the modification due to the occurrence of conditions beyond grantee's control, grantee shall pay $500 per day for each day, or part thereof, that the deficiency continues.
(B) For failure to provide data, documents, reports, or information to the town, grantee shall pay $50 per day for each day, or part thereof, for each violation that occurs or continues.
(C) For failure to test, as required elsewhere herein, analyze, and report on the performance of the system following a request pursuant to this chapter, grantee shall pay to the town $50 per day for each day, or part thereof, that the noncompliance continues.
(D) For failure to comply with operational or maintenance standards required herein, or in the franchise agreement, grantee shall pay $500 per day for each day, or part thereof, that each noncompliance continues.
(E) For failure to provide in a continuing manner the services required herein, or in the franchise agreement, grantee shall pay $500 per day for each day, or part thereof, that each noncompliance continues.
(F) For failure to pay the franchise fee on time, grantee shall pay $500 per day for each day, or part thereof, that the payment is late.
(G) No penalty shall be assessed if the violation occurs without fault of the grantee or occurs as a result of circumstances beyond its control. Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers, or employees.
(H) These penalties shall be in addition to any and all other losses, charges, and damages accruing to the town under this chapter and any franchise issued hereunder.
(I) None of the aforesaid penalties may be assessed unless town notifies the grantee in writing by certified mail of a violation or noncompliance. Furthermore, the penalties shall be assessed only for each day or part thereof that noncompliance or violation continues after the date the town notifies the grantee of the violation or noncompliance.
(Ord. passed 7-21-86)