Except as provided in this section, the violation by a grantee of any of the provisions set forth in Sections 11-1.1002 through 11-1.1014 of Article 10 of this chapter and Section 11-1.1101 of this article caused by circumstances beyond the control of the grantee shall constitute good and sufficient excuse and justification for such violations precluding the grantee from being in breach of said sections. The following are examples of acts or omissions by a grantee or circumstances which shall be deemed not to be beyond the control of the grantee and which shall not constitute excuses or justifications for violations:
(a) The failure at any time by a grantee, or its officers, agents, or employees, to exercise diligence in planning, organizing, arranging for, or prosecuting the work of construction and installation or in taking any other action necessary to permit or facilitate the work of construction and installation;
(c) Considerations relating to economy or cost efficiency as respects acts or omissions by a grantee;
(d) Delays occasioned by the failure of the grantee to diligently apply for and prosecute any request for a required certificate, approval, or consent from the FCC;
(e) Delays occasioned by seasonal changes in weather or climatic conditions, such as rain (exclusive of catastrophic conditions in the nature of “acts of God”) (rain delays shall not constitute an excuse or justification for violations except with respect to measurable precipitation occurring on more than fifty-nine (59) days during any period commencing July 1 and ending the next following June 30; and only if such is the proximate cause of the violation);
(f) Delays occasioned by failure to obtain approval to attach lines to poles owned by private or public utilities or in the attachment of cable to the poles provided such failure is the result of an act or omission of the grantee; and
(g) Delays occasioned by the customary and usual time required to process and secure approvals under the zoning laws of the County for the location of components of the cable communications system and other installations associated therewith, given the nature of the approval required and magnitude of the project; provided, however, if a grantee submits specific sites and plans for all headends, towers, and transmitters to the County and analyses upon all such facilities as the lead agency, any time consumed by such environmental analyses which is longer than 120 calendar days during a period subsequent to the filing of the certificate of acceptance of the franchise pursuant to Section 11-1.605 of Article 6 of this chapter shall be deemed to excuse the grantee from any violations which are proximately caused by such delay in excess of 120 calendar days.
Notwithstanding the provisions of subsections (a)through (f)of this section, a grantee shall not be excused from any violation of the provisions of said Sections 11-1.1002 through 11-1.1014 and 11-1.1101, except for causes which are beyond the control of the grantee, and except with respect to violations which have not been contributed to or aggravated by acts or omissions by the grantee.
Except as otherwise provided in this section, violations caused exclusively by acts or omissions by the County, or its officers, agents, or employees, shall constitute an excuse and justification for the failure of a grantee to comply with the provisions of said Sections 11-1.1002 through 11-1.1014 and 11-1.1101 precluding a determination that the grantee is in breach. However, violations as a result of such exclusive causes shall not be deemed to excuse the grantee from other violations, shield the grantee from a determination that it is in breach for violations, or bar any relief for damages or otherwise as a result of such breach. (§ 1, Ord. 961, eff. October 27, 1983)