Yucaipa Municipal Code Art. XXXIV Waiver

A cable service provider shall not be excused from complying with any of the requirements of the ordinance codified in this title, or any subsequently adopted amendments to the ordinance codified in this title, by any failure or the city on any one or more occasions to seek, or insist upon, compliance with the ordinance codified in this title or the franchise agreement.

(Ord. 205 § 3, 2001)

The franchisee may request a waiver of any requirement of the ordinance codified in this title where local conditions render a waiver essential. Such requests shall be directed to the cable administrator who shall determine whether such requests should be granted. Waivers shall be granted only where technically acceptable to and in the best interests of the city and upon adequate consideration. Any such waivers must be signed by both parties and incorporated into the franchise agreement.

(Ord. 205 § 3, 2001)

Any provision of the ordinance codified in this title may be waived, at the sole discretion of the city. Any waiver of any provision must be in writing signed by the city.

(Ord. 205 § 3, 2001)

A franchisee may submit a written request for a waiver to the cable administrator at any time during the franchise term. The city shall determine whether to grant or deny any such written request for waiver within one hundred twenty (120) days following a franchisee’s request. Such request for a waiver may, at the sole discretion of the city, be set for a public hearing and, if the city should determine to hold such a public hearing, it shall make a decision within one hundred twenty (120) days following the submission.

(Ord. 205 § 3, 2001)

If the city believes it will require economic, technical, or legal evaluation of such waiver request, it will so notify franchisee; if franchisee decides to pursue its waiver request, the franchisee shall be required to pay for in advance or reimburse the city (in the city’s discretion) for any expenditure incurred by the city in connection with such evaluation.

(Ord. 205 § 3, 2001)

This Section 4.20.133 is enacted solely for the convenience and benefit of the city and shall not be construed in such a manner as to create any right or entitlement for the franchisee.

(Ord. 205 § 3, 2001)