(a) Except as hereinafter provided, violation by a licensee of any of the provisions of this chapter caused by circumstances beyond the control of the licensee shall constitute good and sufficient excuse and justification for such violations precluding the licensee from being in breach of said provisions. The following are examples of acts or omissions by a licensee or circumstances which shall be deemed not to be beyond the control of the licensee and which shall not constitute excuses or justifications for violations:
(1) The failure at any time by a licensee 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 or construction and installation;
(2) Unanticipated cost increases or insufficiency of capital with which to take actions necessary to comply or facilitate compliance with any of the provisions of this chapter;
(3) Considerations relating to economy or cost efficiency, as respects acts or omissions by a licensee;
(4) Delays occasioned by the failure of a licensee to diligently apply for and prosecute any request for a required certificate, approval or consent from the FCC;
(5) 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 delay shall not constitute an excuse or justification for violation except with respect to measurable precipitation occurring on more than fifty-nine (59) days during any period commencing July 1st, and ending the next following June 30th; and only if such is the proximate cause of the violation);
(6) Delays occasioned by the customary and usual time required to obtain approval to attach lines to poles owned by private or public utilities or in the attaching of cable to the poles; provided that if a licensee submits all plans and documentation required by private or public utility in connection with the approval to attach lines or poles, any time consumed by such approval process which is longer than 150 calendar days following the submission of all necessary plans and documentation shall be deemed to excuse the licensee from any violations which are proximately caused by such delay in excess of 150 calendar days;
(7) Delays occasioned by the customary and usual time required to process and secure approvals under zoning ordinances of the County for the location of components of the cable television system and other installations associated therewith, given the nature of the approval required and magnitude of the project.
(b) Notwithstanding the provisions of subsection (a)of this section a licensee shall not be excused from any violation of the provisions of this chapter except for causes which are beyond the control of the licensee and except with respect to violations which have not been contributed to or aggravated by acts or omissions by the licensee.
(c) Except as otherwise provided above, violations caused exclusively by acts or omissions by the County or its officers, agents, or employees shall constitute and excuse and justification for failure of the licensee to comply with the provisions of this chapter precluding a determination that the licensee is in breach. However, violations as a result of such exclusive causes shall not be deemed to excuse the licensee from other violations, shield the licensee 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. 1095, eff. July 27, 1989)