(A) Generally. For the willful violation of any of the following provisions of this chapter, the town shall notify the grantee in writing of the violation and the grantee shall be allowed 30 days, or the greater amount of time as the town may specify, to correct the violation. These liquidated damages shall be in addition to and not a limitation upon the other penal provisions of this chapter, including penalties or revocation, or other statutorily or judicially imposed penalties. No decision by the town to invoke any remedy under this chapter, the franchise agreement, or any statute, law, or ordinance, shall preclude the availability of any other such remedy.
(B) Specifically.
(1) Failure to render payment of the reimbursement of the town’s franchise expenses, franchise fee, or penalty payments: $500 per day from time due until paid;
(2) Failure to file reports: $100 per day from time due until paid;
(3) Failure to complete system construction: $1,000 per day from time due until paid; and
(4) Failure to provide access equipment, facilities, or services: $500 per day from time due until paid.
(C) Town rights. The town retains the right, at its sole option, to reduce or waive any of the above-listed penalties where extenuating circumstances or conditions beyond the control of the grantee are deemed to exist.
(Ord. passed 10-13-1998)