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LICENSED CABLE OPERATORS
In extending lines to new subdivisions and/or land developments within the borough, each cable operator shall accept from the developer only those easements which provide non-exclusive rights to operate a cable system within such subdivision and/or land development. No such easement shall prevent any other cable operator authorized to operate within the borough, then or in the future, from using such easement to extend other and further lines to such subdivision and/or land development. In each new subdivision and each new land development, the developer shall, upon notifying public utilities of the opportunity to serve such subdivision or land development, shall also notify all cable operators licensed to operate a cable system in the borough, of the opportunity to install cable facilities to serve the subdivision or land development. Each owner of a separate tract of land of record in such subdivision or land development and all persons within the borough shall have the right to freely choose any cable operator permitted in the borough to serve such person with such cable operator’s cable system.
(Ord. 2004-212, passed 12-6-2004)
(A) Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay a judgement of not more than $500 plus all court costs, including reasonable attorney fees incurred by the borough as a result thereof and any closely related engineering fees permitted to be recovered by law, unless a higher penalty is established under state law. This shall include, but not be limited to, any person, partnership or corporation that accomplishes any act listed under § 154.004 without following the procedures of this chapter.
(B) The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
(C) See § 515.3, “Enforcement Remedies”, of the Municipalities Planning Code, 53 P.S. § 515.3 regarding each day of violation being considered a separate violation. See also the “Remedies” provisions of § 154.013(C).
(D) Actions to enforce this chapter shall be brought by the Borough Council, or its authorized representatives. All fines collected for such violations shall be paid over to the borough.
(Ord. passed 2-3-1992)
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