Rancho Cordova Municipal Code Art. Vb Remedies

Violation of the provisions of RCMC § 5.50.052, § 5.50.206 and § 5.50.538 shall constitute a misdemeanor. With the foregoing exception, violation of the provisions of this chapter shall not constitute a misdemeanor, infraction or other crime.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. At the time of issuance of any franchise under the provisions of this chapter, it will be impractical to reasonably ascertain the total extent of damages which may be incurred as a result of the breach by the franchisee of its obligations under the franchise documents as prescribed by RCMC § 5.50.804. The provisions of RCMC § 5.50.804 shall apply in the event of breach as liquidated damages therefor. Factors relating to the impracticality of ascertaining damages include, but are not limited to, the following:

1. The facts that:

a. The primary damage resulting from breaches by the franchisee of the schedules for construction and extension of the cable television system and provision of services prescribed by RCMC § 5.50.404 through § 5.50.416, § 5.50.422 through § 5.50.430 and § 5.50.446, and of the duty prescribed pursuant to RCMC § 5.50.544, will be to members of the public who are denied services or denied quality or reliable services;

b. Such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits of the franchise to individual members of the general public in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms;

c. That services might be available through the cable television system which are both necessary and available at a substantially lower cost than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and

d. Termination of a franchise for such breaches and other remedies is, at best, a means of future correction, and not a remedy which makes the public whole for past breaches;

2. The fact that the failure of a franchisee to make timely reports identifying its progress in installing its cable television system within services areas will make it difficult in ways which are not measurable for the commission to administer the construction schedule, delay initiation of enforcement proceedings, and impede compliance with the periods allowed for construction; and

3. The fact that the failure of a franchisee to file timely annual reports will deny information necessary to enable the commission to expeditiously, effectively and efficiently administer the franchise and exercise its regulatory powers in relation thereto for the promotion and protection of the public convenience, health, safety and welfare.

B. Without the provisions of RCMC § 5.50.804, the actual damages for which a franchise would be liable could greatly exceed the specified amount of liquidated damages. Therefore, the provisions of RCMC § 5.50.804 are of benefit to a franchisee.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

In its sole discretion, the board of directors of the cable television commission may assess a franchisee and the franchisee shall be liable for liquidated damages in the amount of $1,000 for each calendar day on which a franchisee is in breach and for each breach of any of the provisions of any of the following: RCMC § 5.50.404 through § 5.50.412, § 5.50.416, § 5.50.422 through § 5.50.430, and § 5.50.466; time limitations prescribed pursuant to RCMC § 5.50.438; or RCMC § 5.50.544 and § 5.50.546 or such other provisions of this resolution as shall expressly refer to this provision. Said liquidated damage sum shall be separately applicable to each calendar day of delay in complying with the provisions of RCMC § 5.50.410(A)(1) through (A)(4), and separately applicable for each calendar day of delay in complying with any of the provisions in RCMC § 5.50.410(E). Said liquidated damage amount shall be separately applicable to each instance for each calendar day of delay in extending lines pursuant to the provisions of RCMC § 5.50.424 or § 5.50.426; provided, that if more than one dwelling unit is subject to a particular extension from the boundaries of a service area, the total liquidated damages shall not exceed $1,000 for each calendar day of delay. Said liquidated damage sum shall be separately applicable to each calendar day of delay in complying with each approval or the conditions thereof issued pursuant to the provisions of said RCMC § 5.50.446.

In its sole discretion, the board of directors of the cable television commission may assess a franchisee and the franchisee shall be liable for liquidated damages in the amount of $500.00 for each calendar day in excess of five calendar days the franchisee is in breach of any of the provisions of any of the following: RCMC § 5.50.414 or § 5.50.532, or such other provisions of the resolution as shall expressly refer to this provision.

(SCC 488 § 1 (part), 1981; SCC 556 § 11, 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

In addition to the foregoing liquidated damages, in its sole discretion the board of directors of the cable television commission may reduce the term of any franchise one calendar month for each cumulative 30 calendar days in excess of the first 30 calendar days a franchisee is in breach of any of the provisions of RCMC § 5.50.410(A)(4) or (D). The purpose of this section is to authorize the commission, after a franchise has been in breach of said provisions of said section for the first 30 calendar days, to reduce the term of the franchise for subsequent delays caused by the franchisee's breach on a month-to-month basis.

(SCC 488 § 1 (part), 1981; SCC 556 § 12, 1983; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The auditor of the cable television commission shall charge and transfer from the special account established pursuant to RCMC § 5.50.702 to the credit of the commission such amounts as are assessed as liquidated damages by determinations of the board of directors pursuant to RCMC § 5.50.442, which are not appealed to arbitration and become final, or which are affirmed by an arbitration panel under the provisions of RCMC § 5.50.444.

With respect to breaches of any of the provisions of RCMC § 5.50.532, § 5.50.544 or § 5.50.546, the board of directors of the commission shall determine the amount of liquidated damages to be assessed and mail notice thereof to the franchisee. Such a notice may provide for assessments for breaches occurring in advance of the notice and for periods of breach subsequent to the issuance of the notice pending compliance by the franchisee. The determinations by the board of directors shall become final, binding and conclusive, not subject to judicial review or reversal by any authority, and judicially enforceable, unless within 30 calendar days following the date of mailing of the notice of the determination the franchisee files with the clerk of the board of directors of the commission a written notice appealing the determination to arbitration pursuant to the provisions of RCMC § 5.50.810. The notice of appeal shall specifically identify the grounds for the appeal. The auditor of the commission shall charge and transfer from the special account established pursuant to RCMC § 5.50.702, to the credit of the commission, such amounts as are assessed as liquidated damages by determinations of the board of directors pursuant to this paragraph which are not appealed to arbitration and become final or which are affirmed by an arbitration panel under RCMC § 5.50.810.

With respect to breaches of any of the provisions of RCMC § 5.50.602 or § 5.50.604, the auditor of the commission shall charge and transfer from the special account established pursuant to RCMC § 5.50.702 to the credit of the commission such amounts as are assessed as franchise fees, interest and liquidated damages by determinations of the board of directors pursuant to RCMC § 5.50.612 which are not appealed to arbitration and become final or which are affirmed by an arbitration panel under RCMC § 5.50.612, or such amounts of franchise fees, interests and liquidated damages as are prescribed by a judgment of a court.

The auditor shall mail notice to the franchisee of each transfer from the special account. The notice shall identify the amount transferred, the balance of the account after transfer (including accumulated interest), and the total amount, if any, which the franchisee is required to pay in order to replenish the account in accordance with the requirements of RCMC § 5.50.702.

Any amounts owing by a franchisee in excess of the current balance within the special account established pursuant to RCMC § 5.50.702 may be recovered from the surety on the performance bond filed pursuant to the provisions of RCMC § 5.50.700 or from the franchisee.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. With respect to arbitration proceedings conducted pursuant to the provisions of the second paragraph in RCMC § 5.50.808, the arbitration panel shall be selected, the hearing scheduled within the time prescribed, notice given, the hearing conducted, decision made and costs divided in the manner prescribed by RCMC § 5.50.830 through § 5.50.840, inclusive. The questions which may be submitted to the arbitration panel and jurisdiction of the arbitration panel shall be limited to the following:

1. The interpretation of the provisions of the franchise documents solely in relation to the decision required by subsection (A)(2) of this section; and

2. The amount, if any, owing by the franchisee.

B. The franchisee shall immediately pay any amount determined to be owing by the arbitration panel.

C. The arbitration award may be judicially enforced, shall be final, binding and conclusive upon the parties, and shall not be subject to judicial review or vacation except on grounds set forth in Section 1286.2 of the Code of Civil Procedure.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Neither reduction of the term of the franchise nor liquidated damages shall be deemed to be the exclusive remedy for the types of breaches identified in RCMC § 5.50.804. Neither the right to assess liquidated damages nor the assessment of liquidated damages nor the right to reduce nor reduction of the term of the franchise shall be deemed to bar or otherwise limit the right of the cable television commission to obtain judicial enforcement of the franchisee's obligations by means of specific performance, injunctive relief, mandate or other remedies at law or in equity, other than monetary damages.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The following material breaches of the obligations of a franchisee under the franchise documents shall constitute grounds for termination of a franchise by the cable television commission:

A. Cumulative unexcused delay in excess of:

1. One hundred eighty calendar days in complying with the provisions of RCMC § 5.50.410(A)(2) or beyond the times prescribed pursuant to RCMC § 5.50.438 in relation to RCMC § 5.50.410(A)(2); or

2. Three hundred sixty-five calendar days in complying with the provisions of RCMC § 5.50.410(A)(4) or beyond the times prescribed pursuant to RCMC § 5.50.438 in relation to RCMC § 5.50.410(A)(2), (3) or (4); or

3. Three hundred sixty-five calendar days in complying with the provisions of RCMC § 5.50.410(E) or pursuant to RCMC § 5.50.438 in relation to RCMC § 5.50.410(E);

B. The failure of a franchisee to make any payment to replenish the special account for security established under RCMC § 5.50.702 within the time required by said section;

C. Any violation of RCMC § 5.50.750, § 5.50.756 or § 5.50.762;

D. The failure to make any disclosure of fact within the application for the franchise which is required by this chapter or a request for proposals, or the misrepresentation of such a fact in the application;

E. The willful failure to make any payments required by RCMC § 5.50.602 or § 5.50.604; or

F. Any other act or omission by the franchisee which materially violates the terms, conditions or requirements of the franchise documents or any order, directive, rule or regulation issued thereunder and which is not corrected or remedied within 30 calendar days following mailing to the franchisee of written notice of the violation or within such period beyond the 30 calendar days as is reasonable.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The board of directors of the cable television commission shall not determine that a franchise shall be terminated either upon grounds identified by RCMC § 5.50.818 or pursuant to RCMC § 5.50.050 until a hearing has been conducted upon the matter. Written notice of the time, date and place of the hearing shall be mailed to the franchisee and to the franchisee's surety on the performance bond filed pursuant to RCMC § 5.50.700 not later than 30 calendar days in advance of the date of commencement of the hearing. The notice shall state the reasons for the hearing, describe the basis for termination, and identify the terms, conditions or requirements with respect to which the breach has occurred, if breach is the basis for termination.

The hearing may be conducted either by the board of directors of the commission or, at the sole discretion of the board, by a hearing officer appointed by the board to conduct the hearing. Any such hearing officer shall be an attorney licensed to practice under the laws of the state of California.

The cost of providing quarters for the hearing, the compensation for the hearing officer, if any, and the per diem cost of any reporter retained to record the proceedings shall be borne by the cable television commission. The cost of preparing a transcript and record of the hearing shall be borne by the franchisee. All costs incurred by the parties for attorneys' fees, expert witness fees and other expenses shall be borne solely by the party incurring the costs.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A. All witnesses testifying at the hearing concerning termination shall be sworn. Witnesses shall be subject to direct and cross examination. However, formal rules of evidence applicable to the trial of civil or criminal proceedings in the trial courts of this state shall not be applicable to the hearing. The provisions of the Administrative Procedure Act, commencing at Section 11500 of the California Government Code, or any successor legislative enactment, shall not be applicable to any such hearing. The hearing may be continued from time to time.

B. If the hearing is conducted by a hearing officer, the officer shall, upon conclusion of the hearing, prepare a recommended decision which includes findings of fact and conclusions. The recommended decision shall be filed with the clerk of the board of directors of the commission and mailed to the parties not later than 30 calendar days after conclusion of the hearing. Upon receipt of such a recommended decision, the board of directors may, without a hearing except as otherwise required below, either:

1. Adopt the recommended decision, including findings of fact and conclusions submitted by the hearing officer;

2. Adopt the findings of fact and conclusions contained in the recommended decision, modify the decision, and adopt the recommended decision as so revised;

3. Based upon the record of the hearing, modify the findings of fact, conclusions or decision, and adopt the recommended decision as so revised; or

4. Reject the recommended decision and conduct a new hearing.

C. If the hearing is conducted by the board of directors of the commission, upon conclusion of the hearing the board of directors shall adopt a decision which includes findings of facts and conclusions.

D. If the decision by the board of directors is that there are grounds for termination of the franchise and that the franchise should be terminated, the board shall adopt a resolution which terminates the franchise and includes its decision. The effective date of termination shall be such date as is prescribed by the board of directors, within its sole discretion, in the resolution, and the effective date may be made variable in relation to whether an appeal to arbitration is filed pursuant to RCMC § 5.50.824.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Not later than 30 calendar days following the date of mailing to the franchisee of the resolution of termination by the board of directors, the franchisee shall be authorized to appeal to arbitration the determination to terminate the franchise. The appeal shall be taken by filing a written notice thereof with the clerk of the board of directors. The notice of appeal shall state the specific reasons for appeal and shall be accompanied by a fee equal to the estimate by the clerk of the cost of preparing the transcript and record of the hearing. In the event the franchisee fails to file the notice of appeal with accompanying fee within 30 calendar days following the date on which a copy of the resolution of termination was mailed to the franchisee, the termination of the franchise shall become final, binding, conclusive and not subject to review or reversal by any authority. Judicial enforcement of the decision may be sought.

Except as otherwise provided herein, the arbitration panel shall be selected, the hearing scheduled within the time prescribed, notice given, the hearing conducted, decision made and costs divided in the manner prescribed by RCMC § 5.50.830 through § 5.50.840, inclusive.

The question which may be submitted to the arbitration panel and jurisdiction of the panel shall be limited to a decision as to whether the evidence received during the hearing preceding the determination by the board of directors established a basis for the termination of the franchise, and interpretation of the provisions of the franchise documents solely in relation to the question of whether there was a basis for termination. Under no circumstances shall the arbitration panel have authority or be vested with jurisdiction to review, reverse or otherwise nullify the exercise of discretion by the board of directors in terminating the franchise, if the panel determines that there are grounds for termination.

The hearing by the arbitration panel shall not be trial de novo, no new evidence shall be introduced, received, or considered, and the sole function of the panel shall be to review the record of the hearing preceding the decision by the board of directors to decide whether there was substantial evidence in the record to support the findings and to interpret the franchise documents in relation to the decision by the board of directors. The board's determination to terminate shall be sustained by the arbitration panel if it finds that there is substantial evidence in the record to sustain the determination, and that the conclusions are consistent with the provisions of the franchise documents. In determining whether there is substantial evidence in the record to support the findings, the panel shall conduct an independent review of the evidence in the record and determine the weight of the evidence contained in the record. The panel shall not substitute its discretion for that of the board with respect to the determination to terminate. If the panel decides that the determination by the board to terminate violates the provisions of the franchise documents, it shall remand the matter to the board for further determination, reserving jurisdiction to review the determination. However, such remand shall not include a duty to receive further evidence, unless such evidence was initially offered and excluded during the hearing preceding the board's decision. Objections by the franchisee which were not presented during the hearing preceding the board's decision shall be deemed to have been waived.

The decision by the board of directors as affirmed by an arbitration award may be judicially enforced, shall be final, binding and conclusive upon the parties, and shall not be subject to judicial review or vacation except on grounds set forth in Section 1286.2 of the Code of Civil Procedure to the extent such grounds are consistent with the express terms of this chapter.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Upon a final determination to terminate the franchise pursuant to RCMC § 5.50.822 or § 5.50.824, the board of directors of the cable television commission, in its sole discretion, shall be authorized to purchase the property associated with the franchise, as defined by RCMC § 5.50.242. Purchase of the property shall be made in accordance with the standards, procedures and provisions set forth in RCMC § 5.50.240 through § 5.50.266, inclusive. No compensation shall be payable by the commission or its assignee in relation either to the termination of the franchise or purchase of the property, except pursuant to and in accordance with said RCMC § 5.50.240 through § 5.50.266.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

In the event a franchisee fails to operate its cable television system for seven consecutive days without prior approval by the board of directors of the cable television commission and for reasons which are not beyond its control, the commission through its officers, agents, employees or contractors may, at its option, enter upon the premises of the franchisee, occupy such premises and property constituting the cable television system, and operate the system until such time as the franchisee presents proof satisfactory to the board of directors that it is ready, willing and able to renew operation of the system. In operating the system, the commission or its contractor shall be vested with the powers of a receiver, and shall be authorized to contract in the name of the franchisee, incur expenses in the name of the franchisee, and take any and all other actions necessary to enable it to effectuate the purposes of this section. The costs incurred by the commission in undertaking such operation shall be a charge against the assets of the franchisee, and the commission or its contractor shall be authorized to reimburse itself for the costs incurred from revenues received during the period of operation.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Except as otherwise provided by this chapter, arbitration proceedings of matters expressly made arbitrable under the provisions of this chapter shall be conducted in compliance with the provisions of the California Arbitration Act, commencing with Section 1280 of the California Code of Civil Procedure.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Each arbitration shall be conducted by a panel of three arbitrators. One arbitrator shall be appointed by the franchisee, one arbitrator shall be appointed by the cable television commission, and the third arbitrator shall be the chairperson of the panel, and shall be appointed by the other two arbitrators. If the other two arbitrators are unable to agree upon an appointment, the third arbitrator shall be appointed by the presiding judge of the superior court in Sacramento County. Each member of the arbitration panel shall be an attorney licensed to practice within the courts of the state of California. No member of the panel shall be an officer, employee or attorney of any franchisee or any affiliate thereof, the county, cities or the commission. The franchisee and commission shall each appoint its arbitrator and mail notice to the other of its selection not later than 15 calendar days following filing of a notice of appeal to arbitration or mailing of the initiation of arbitration. The third arbitrator shall be appointed not later than 30 calendar days following filing of the notice of appeal to arbitration or mailing of the initiation of arbitration.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The chairperson of the arbitration panel shall select the site of the hearing, retain a stenographic reporter to report the hearing, and, in consultation with the other members of the panel and the parties, schedule the hearing. The hearing shall be scheduled to commence not later than 75 calendar days following filing of the notice of appeal to arbitration or mailing of the initiation of arbitration. The chairperson of the panel shall mail written notice of the time, date and place of the hearing to the other two arbitrators, legal counsel to the cable television commission, the franchisee, and the franchisee's surety on the performance bond filed pursuant to the provisions of RCMC § 5.50.700 not later than 20 calendar days in advance of the hearing.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The compensation and expenses of the arbitrator appointed by the franchisee shall be borne and paid solely by the franchisee. The compensation and expenses of the arbitrator appointed by the cable television commission shall be borne and paid solely by the commission. The franchisee and commission shall each bear and solely pay their own costs of attorneys' fees, expert and other witness fees and other expenses incurred in preparing and prosecuting their respective cases. In proceedings where the record of a public hearing of the board of directors of the commission is to be considered by the arbitration panel, the costs of transcribing, typing and copying the record shall be borne and paid solely by the franchisee.

The compensation and expenses of the chairperson of the arbitration panel, rental, if any, for the place of the hearing, per diem costs of the stenographic reporter, costs of transcribing and typing any transcripts of the arbitration hearing, and any other costs of the arbitration proceeding not identified in the first paragraph of this section shall be divided equally between, borne and paid by the franchisee and commission. The arbitration panel shall not be empowered to order a division of costs, fees or expenses different from that prescribed by this section.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The arbitration award shall be determined by a majority of the members of the arbitration panel and shall be in writing. If it is necessary for the panel to make determinations of fact, it shall include findings of fact and conclusions with the award if requested by any party to the proceeding. The award shall be issued and mailed to the parties not later than 90 calendar days following the close of the arbitration hearing.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

The arbitration panel shall have no authority to add to, delete or alter any provisions of the franchise documents, but shall limit its interpretation to the express terms of the franchise documents. Under no circumstances shall an arbitration panel be vested with authority or jurisdiction to determine or award monetary damages (by way of setoff, counterclaim, directly or otherwise) or any other relief against the county, the cities, the cable television commission, or their officers, agents or employees, except with respect to proceedings under RCMC § 5.50.258 or § 5.50.260 to determine the value of property and, in such instances, any such award shall be limited to a determination of the value of the property according to the expressed terms and standards of the franchise documents.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

No provision of this chapter shall be deemed to bar the right of the county, cities or cable television commission to seek or obtain judicial relief from a violation of any provision of the franchise documents or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in this chapter nor the exercise thereof shall be deemed to bar or otherwise limit the right of the county, cities or cable television commission to recover monetary damages (except where liquidated damages are otherwise prescribed) for such violation by the franchisee, or judicial enforcement of the franchisee's obligations by means of specific performance, injunctive relief or mandate, or any other judicial remedy at law or in equity.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

No franchisee shall have any recourse whatsoever against the county, cities, cable television commission, or their officers, agents, or employees for any loss, costs, expense, or damage arising out of or resulting from any provision or requirement of the franchise documents or any rule, regulation, requirement or directive promulgated thereunder, or because of the enforcement of any provision of the franchise documents or any rule, regulation, requirement or directive promulgated thereunder, or in the event any provision of the franchise documents or any rule, regulation, requirement or directive promulgated thereunder is determined to be invalid.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

A franchisee shall not be relieved of any obligation to comply with any of the provisions of the franchise documents or any rule, regulation, requirement or directive promulgated thereunder by reason of any failure of the county, cities, cable television commission or their officers, agents or employees to enforce prompt compliance.

(SCC 488 § 1 (part), 1981; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Wherever within this chapter a requirement or provision is applicable to franchises issued by the commission, there is hereby delegated to the commission the power to make such requirement or provision permissive and render such requirement or provision inapplicable to a given franchisee upon a showing of good cause therefor.

(SCC 717 § 3, 1988; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)

Subsequent to the adoption of a resolution offering a franchise to any franchisee, the commission may adopt one or more amended and restated resolutions regarding the franchise issued to such franchisee.

(SCC 717 § 4, 1988; Ord. 20-2003 §§ 2, 4; Ord. 21-2003 §§ 2, 4)