§ 110.999  PENALTY.
   (A)   A breach by the franchisee of the franchise agreement, in addition to constituting a breach of contract, shall constitute a violation of this chapter. The cost of any litigation incurred by the town to enforce this chapter or the franchise granted pursuant hereto, or the franchise agreement, or any cost in relation thereto, or in relation to the cancellation or termination of a franchise, shall be reimbursed to the town by the franchisee. The costs shall include filing fees, costs of depositions, discovery and expert witnesses, all other expenses of suit and a reasonable attorney’s fee.
   (B)   Violation of material provisions of this chapter shall subject the franchisee to the following penalties.
      (1)   Failure of the franchisee to meet performance standards, as determined by the Town Administrator/Town Clerk, to which it has agreed may result in a rebate of rates or charges to subscribers affected; provided, that the Town Administrator/Town Clerk shall provide ten days’ written notice of the failure to the franchisee. Any rebate may be charged to the performance bond.
      (2)   For failure to provide data and reports as requested by the County Manager or the Board of Alderpersons and as required by this chapter, the penalty shall be $50 per day for each day not delivered. This penalty may be chargeable to the performance bond.
      (3)   For failure to complete construction and installation of the cable system, unless the Board of Alderpersons approves the delay because of reasons beyond the control of the franchisee, the franchise term may be reduced one year for each three-month period that the system has failed to meet performance standards.
      (4)   The franchisee may appeal any penalty which it considers unreasonable to the Board of Alderpersons.
(Prior Code, § 4.1-42)  (Ord. passed 9-19-1979)