Yolo County Municipal Code Art. 8 Transfer and Termination

No part or element of a cable television system or any other real or personal property which is a part of said cable television system shall be sold, transferred, assigned, mortgaged, pledged, leased, sublet or otherwise encumbered for any purpose whatsoever, nor shall title thereto, either legal or equitable, or any right or interest therein pass to or vest in any party without the prior written consent of the County.

A license issued pursuant to the provisions of this chapter shall not, either in whole or in part, be sold, transferred, assigned, mortgaged, pledged, leased, sublet or otherwise encumbered for any purpose whatsoever; nor shall title thereto, either legal or equitable, or any right or interest therein, pass to or vest in any party without the prior written consent of the County.

Any such sale, transfer, assignment, mortgage, pledge, lease, sublease or other encumbrance of whatever kind or nature made in violation of the provisions of this section shall be void. (§ 1, Ord. 1095, eff. July 27, 1989, as amended by § 1, Ord. 1162, eff. July 1, 1993)

Violation of the provisions of Section 11-2.407 shall constitute a misdemeanor. With the foregoing exception, violation of the provisions of this chapter shall not constitute a misdemeanor, infraction or other crime. (§ 1, Ord. 1095, eff. July 27, 1989)

The following material breaches of the obligations of a licensee under the license shall constitute grounds for termination of license by the County:

(a) Cumulative unexcused delay in excess of thirty (30) calendar days in completion of the cable television system in accordance with the construction schedule submitted pursuant to Section 11-2.202;

(b) Any violation of Section 11-2.701;

(c) The failure to make any disclosure of fact within the application for the license which is required by this chapter, or the misrepresentation of such a fact in the application;

(d) The willful failure to make any payments required by Section 11-2.602; or

(e) Any other act or omission by the licensee which materially violates the terms, conditions or requirements of this chapter or any order, directive, rule or regulation issued thereunder and which is not corrected or remedied within thirty (30) calendar days following mailing to the licensee of written notice of the violation. (§ 1, Ord. 1095, eff. July 27, 1989)

The Board of Supervisors of the County shall not determine that the license shall be terminated upon grounds identified by Section 11-2.803, above, 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 licensee, and the licensee’s surety on the performance bond filed pursuant to Section 11-2.601, not later than thirty (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.

The hearing may be conducted either by the Board of Supervisors 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 County. The costs incurred by the parties for attorneys fees, expert witness fees and other expenses shall be borne solely by the party incurring the costs. (§ 1, Ord. 1095, eff. July 27, 1989)

(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 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 Supervisors and mailed to the parties not later than thirty (30) calendar days after conclusion of the hearing. Upon receipt of such a recommended decision, the Board of Supervisors 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 decisions, 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 Supervisors, upon conclusion of the hearing, the Board of Supervisors shall adopt a decision which includes findings of fact and conclusions.

(d) If the decision by the Board of Supervisors is that there are grounds for termination of the license and that the license shall be terminated, the Board shall adopt a resolution which terminates the license and includes its decision. The effective date of termination shall be such date as is prescribed by the Board of Supervisors, within its sole discretion, in the resolution. (§ 1, Ord. 1095, eff. July 27, 1989)

No provision of this chapter shall be deemed to bar the right of the County to seek or obtain judicial relief from a violation of any provision of the license documents or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in said chapter nor the exercise thereof shall be deemed to bar or otherwise limit the right of the County to recover monetary damages (except where liquidated damages are otherwise prescribed) for such violations by the licensee, or judicial enforcement of the licensee’s obligations by means of specific performance, injunctive relief or mandate, or any other judicial remedy at law or in equity. (§ 1, Ord. 1095, eff. July 27, 1989)

A licensee shall not be relieved of any obligation to comply with any of the provisions of the license documents or any rules, regulation, requirement or directive promulgated thereunder by reason of any failure of the County or its officers, agents, or employees to enforce prompt compliance. (§ 1, Ord. 1095, eff. July 27, 1989)