§ 12-25. Enforcement remedies.

(A)

In addition to any other rights or remedies available at law or equity or provided under this chapter, the County may apply any one or combination of the following remedies in the event a franchisee violates this chapter, its franchise agreement, or any applicable law or order:

(1)

Impose liquidated damages in such amount, whether on a per-diem, per-incident, or other measure of violation, as provided below or in the franchise agreement. Payment of liquidated damages by the franchisee shall not relieve the franchisee of its obligation to comply with this chapter or the franchise agreement.

The liquidated damages assessed for each separate day, or portion thereof, shall not exceed the dollar amount set forth in the following schedule for each type of violation:

	Type of Violation	Amount Per Occurrence in Dollars
a.	Installation of facilities or equipment outside the franchise area:	$500.00
b.	System wide outage for more than ninety-six (96) hours from the time first reported without the approval of the County Administrator or Board:	5.00 per subscriber
c.	Outage involving more than two hundred (200) subscribers for more than ninety-six (96) hours from the time first reported without the approval of the County Administrator or Board:	5.00 per subscriber
d.	Outage involving more than twenty (20) subscribers for more than forty-eight (48) hours from the time first reported without the approval of the County Administrator or Board:	5.00 per subscriber
e.	Signal quality falling, below the requirements set forth in this chapter at the ground block:	5.00 per subscriber
f.	Failure to cooperate and coordinate with the County Administrator in detecting and locating signal leakage after due notice of such leakage:	5.00 per subscriber
g.	Failure to take remedial measures relating to the installation of facilities or equipment not in compliance with this chapter or a franchise agreement which are reasonably required by the County Administrator to avoid or mitigate recurring outages. (The measures required by the County Administrator shall not exceed in annual cost [including debt service] five percent (5%) of the franchisee's previous year's gross revenue):	100.00
h.	Failure to obtain a permit for installation of facilities or equipment in a public right-of-way, or a violation of any permit condition:	1.00 per foot, but not less than a total of $25.00
i.	Failure to restore to prior or similar conditions compatible easements after installation of facilities or equipment, except restoration or property not lawfully in the easement, and except as provided by easement usage, permitting, release, consent or similar such agreements:	1.00 per foot, but not less than a total of $50.00
j.	Failure to properly restore public right-of-way after installation of facilities or equipment:	2.00 per foot, but not less than a total of $50.00
k.	Failure to coordinate an installation in a street, public right-of-way, or compatible easement with Sunshine State One-Call of Florida, Inc. or easement holder or beneficiary:	300.00
l.	Failure to adhere to the permitting, inspection and installation requirements in streets or public right-of-way:	2.00 per foot, but not less than a total of $50.00
m.	Failure to make available for County inspection or to submit to the County records as required under this chapter:	200.00
n.	Failure to mark pedestals, amplifiers, or similar facilities and equipment:	10.00
o.	Failure to use a licensed and bonded contractor (who may be in the employ of the cable operator) in the supervision of installation of facilities or equipment, including house drops and building wiring:	100.00
p.	Unauthorized transfer of the franchise or the assets:	500.00
q.	Installation of facilities or equipment, including house drops and building wiring, which installation of facilities and equipment does not meet the requirements of this chapter or a franchise agreement:	50.00
r.	Stranding contrary to the requirements of this chapter:	5.00 per foot, but not less than a total of $200.00
s.	Failure to remove or relocate, either temporarily or permanently, facilities or equipment as required pursuant to this chapter:	10.00 per foot, but not less than a total of $200.00
t.	Failure to provide or maintain required insurance:	500.00
u.	Failure to provide or maintain required performance security:	400.00
v.	Failure to comply with any customer service requirement:	100.00
w.	Failure to interconnect:	500.00
x.	Failure to provide the County with I-NET facilities or such financial equivalent as may be required by this chapter or a franchise agreement:	500.00
y.	Failure to provide any product, service, or facility required under the franchise agreement:	500.00
z.	Failure to comply with any other provision of this chapter or a franchise agreement:	500.00

 

(2)

Whenever the County Administrator receives information that a franchisee has allegedly violated any provision of this chapter or the franchise agreement, such franchisee shall have fifteen (15) days subsequent to receipt of notice to correct the alleged violation. If after 15 days, the franchisee has failed to correct the alleged violation, the County Administrator shall determine if the franchisee has actually committed the alleged violation and shall set forth with reasonable specificity the circumstances and the nature of the alleged violation(s). If a violation is found, the fine assessed shall be deemed to have accrued from the date of the initial notice to the franchisee and shall continue until such time as the violation is corrected or otherwise resolved to the satisfaction of the County Administrator. The franchisee shall have thirty (30) days from the date of the County Administrator's decision to file a written request with the County Administrator petitioning the Board for review of the violation findings(s). If the franchisee timely files such a written request, the Board shall review the decision at a public hearing at which interested parties may be heard, and thereafter approve it, modify it, or disapprove it.

(3)

The Board reserves the right to withdraw any such assessments from the security fund upon three (3) days written notice to the franchisee. It is the intent of the County to impose the applicable above referenced assessments as a reasonable estimate of the damages suffered by the County and/or its subscribers, whether actual or potential, and may include without limitation, increased costs of administration and other damages too difficult to measure.

(4)

The Board reserves the right to amend the assessment amounts or to adopt further assessments for violations not specifically set forth in subsection A1 above.

(5)

The procedure, rights and remedies set forth in this section are not exclusive. Alternative remedies which are not set forth in this section may be pursued simultaneously or subsequently. Utilization by the County of the liquidated damages provisions set forth in this section shall not constitute a waiver of any such alternative remedies.

(6)

Nothing herein shall be construed as affecting in any manner whatsoever the rights of third parties to any relief available for damages or injury suffered as a result of alleged violations of this chapter.

(7)

Any funds collected under this section shall be used to defray the cost of administering this chapter.

(8)

The County expressly reserves the right to revoke a franchise pursuant to Section 12-28.

(9)

In addition to or instead of any other remedy, the County may seek legal or equitable relief from any court of competent jurisdiction.

(B)

In determining which remedy is or remedies are appropriate, the County shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further violations, and such other matters as the County determines are appropriate.

(C)

Failure of the County to enforce any requirements of this chapter or any terms or conditions of a franchise agreement shall not constitute a waiver of the County's right to subsequently correct or enforce such requirements, terms or conditions.

(D)

In any proceeding before the Board wherein there exists an issue with respect to a franchisee's performance of its obligations pursuant to this chapter or the franchise agreement, the franchisee has, throughout any such proceedings, the burden of proving that the findings of fact of the County Administrator are erroneous and that the franchisee is in compliance with such obligations. The Board may find a franchisee who does not demonstrate compliance with this chapter in default and apply any one or combination of the remedies otherwise authorized by this chapter.

(E)

A franchisee may challenge a final decision of the Board in a court of competent jurisdiction.

(Ord. No. 98-20, § 1, 9-15-98)