Article 8 — VIOLATIONS

• a. In the event the grantee fails to comply with any provision of this article or the license award resolution, the county may notify the grantee in writing of the violation. The written notice shall specify a reasonable time period for correcting the violation, which period shall be no less than the following:

  • 1. Two working days for violations involving insurance or bond requirements;
  • 2. Five working days for violations involving the payment of license fees or other monetary obligations;
  • 3. Twenty working days for all other violations.

• b. If the grantee fails to correct the violation within the time specified in the written notice, the county may at its option:

  • 1. Assess liquidated damages against the grantee as provided in subsection (c) of this section;
  • 2. Remedy the violation and recover the actual costs of such performance from the grantee as provided in subsection (d); or
  • 3. Revoke or terminate the license as provided in Section 5.4.804.

• c. Before assessing liquidated damages, the county shall first send a second written notice to the grantee. The second notice shall specify the date on which the assessment of liquidated damages will begin, which date shall in no event be sooner than the end of the period to cure specified in subsection (a). Liquidated damages assessed against the grantee shall be due and payable to the county no later than one week after the date of assessment. The following amounts may be assessed as liquidated damages:

  • 1. For failure to provide data, documents, re ports, bonds, insurance or information as required or requested under this article by county, the grantee shall pay $50 per day for each day or part thereof that such violation continues.
  • 2. For failure to meet system construction commitments in the license award resolution without prior written authorization from the county, the grantee shall pay $100 per day for each day or part thereof that such violation continues.
  • 3. For failure to test, analyze and report on the performance of the system following a request, the grantee shall pay $50 per day for each day or part thereof that such violation continues.
  • 4. For failure to comply with the technical and operational standards of Title 5 Chapter 4 Article 5 of this Code, the grantee shall pay $200 per day or part thereof that such violation continues.
  • 5. For failure to commence, pursue, or complete any work required by law or by the provisions of this article or by its license to be done in any street or other public place, within the time pre scribed, and to the satisfaction of the county, the grantee shall pay

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City of Oakley, CA § 5.4.802

OAKLEY CODE

§ 5.4.804

$100 per day for each day or part thereof that such violation continues.

• 6. For failure to comply with general service provisions, public, educational, governmental access channel provisions or customer service provisions, the grantee shall pay $100 per day or part thereof that such violation continues.
• 7. For failure to comply with a rate decision or refund order made pursuant to Section 5.4.410, the grantee shall pay $100 per day or part thereof that such violation continues.

• d. If the county elects to assess liquidated damages against the grantee following notice and opportunity to cure in accordance with the provisions of this section, such remedy shall constitute the sole monetary remedy available to the county and the grantee shall be liable for no other monetary damages arising from such violation.

• e. Before remedying a violation and recovering the actual costs of such performance from the grantee, the county shall first send a second written notice to the grantee. The second notice shall specify the date on which the county may remedy the violation and incur costs. Actual costs incurred by the county in remedying violations of the grantee shall be due and payable to the county no later than one week after the date of billing.

• a. The county reserves the right to revoke or terminate any license granted hereunder and rescind all rights and privileges associated with the license in the following circumstances, each of which shall represent a default under this Article and a material breach of the license award resolution:

  • 1. If the grantee shall violate or default in the performance of any of its material obligations under this division, the license award resolution or such other documents, agreements, terms or provisions entered into by and between the county and the grantee, and such violation or default is not corrected following demand and opportunity to cure as provided in subsection (b) of this section.
  • 2. If the grantee should fail to provide or maintain in full force and effect, the liability and indemnification coverages or the bonds as required by this article or the license award resolution.
  • 3. If there is an outage of the cable system or significant portion thereof for a continuous period of seven days or more for any reason within the control of the grantee.
  • 4. If the grantee practices any fraud or deceit upon the county.
  • 5. If the grantee becomes insolvent.

• b. Except for defaults involving bonds or insurance or system outages, the county shall make writ 10 demand that the grantee comply with any such requirement, limitation, term, condition, rule or regulation or correct any action deemed cause for revocation within 30 days after the grantee receives such written demand. If the failure, refusal, or neglect of the grantee continues for a period exceeding 30 days following the grantee’s receipt of such written demand from the county, the county may place its request for termination of the license upon a regular board meeting agenda. The county shall mail to such grantee, at least 20 days prior to the date of such meeting, a written notice of the intent to request such

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.4.804

§ 5.4.806

termination, and the time and place of the meeting, notice of which shall be published at least once no later than 10 days before such meeting, in a newspaper of general circulation within the license area.

• c. The board may hear any persons interested therein, and the grantee shall be afforded fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence, to be represented by counsel and to question witnesses. The board shall determine, within 90 days of the close of the hearing, based upon the preponderance of the evidence, whether the grantee has committed a material breach of this article or the license award resolution. The decision of the board shall be in writing and based upon the record before it. The board may appoint a fact-finder to conduct hearings and to submit findings and recommendations to the board on the issues.

• d. If the county determines that the grantee has committed a material breach, then the county may, by resolution, declare that the license of such grantee shall be terminated and bonds and any security fund forfeited.

• e. Except as provided in Section 5.4.522 for abandoned property, should the county purchase or take over the cable system upon revocation, the valuation of the cable system shall be at fair market value, with no value assigned to the license itself.

• f. In the case of defaults involving failure to provide or maintain in effect any of the bonds or insurance required by this article or the license award resolution, the county may make written demand that the grantee comply with such requirements and remove the default within five business days of the demand. Should the grantee fail to provide or reinstate the required bonds or insurance within that time, the license shall immediately terminate, without further notice from or action by the county.

• g. In the case of defaults involving outage of the cable system or a significant portion thereof, which outage has continued for seven days or more and which outage is within the grantee’s control, then the board may make written demand that the grantee remedy the outage within five business days of the demand or such longer period of time as the board, in its discretion, may allow. Should the grantee fail to remedy the outage within the applicable time period, the license shall immediately terminate, without further notice from or action by the county.

• a. In the event a license expires without the sale or transfer to a cable operator who is granted a successive license from the county, is revoked, or otherwise terminated, the county may order the removal of the above-ground system facilities from the license area within such time period as specified in Section 5.4.522.

• b. Restoration of Property. When removing its plant, structures, and equipment, the grantee shall fill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good condition as that prevailing prior to the grantee’s removal of its equipment without affecting the electrical or telephone cables, wires, or attachments. The liability, indemnity and insurance shall continue in full force and effect during the period of removal until full compliance by the grantee with the terms and conditions of this article.

• c. Restoration by County – Reimbursement of Costs. In the event of a failure by the grantee

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City of Oakley, CA § 5.4.806

OAKLEY CODE

§ 5.4.808

to complete any work required by subsection (a) and/or subsection (b) of this section, or any work required by county by law or division, within 90 days after receipt of written notice, and to the satisfaction of the county, the county may cause such work to be done and the grantee shall reimburse the county the cost thereof within 30 days after receipt of an itemized list of such costs. The county shall be permitted to seek legal and equitable relief to enforce the provisions of this article.

• d. County’s Rights Not Affected. The termination and forfeiture of any license shall in no way affect any of the rights of the county under any provision of law.

In dealing with violations of this division or the license award resolution, the county shall not be limited to the remedies specified in this chapter, but instead shall have available all remedies provided by law or equity. In addition, the use by the county of any remedy specified in this chapter shall not prejudice or affect any other remedy available to the county, except as provided otherwise in Section 5.4.802(d). No notice or opportunity to cure provided for in this division shall affect the accrual of interest on license fees or other financial obligations of the grantee, which shall accrue interest from the payment due date at the rate specified in this division or the legal rate, whichever is greater.

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City of Oakley, CA

BUSINESS REGULATIONS

§ 5.4.902

§ 5.4.904