§ 26-34. Complaint procedures.

(a)

A franchisee shall develop procedures for the investigation and resolution of all subscriber or county resident complaints, including, but not limited to, those regarding the quality of service and equipment malfunction, which procedures shall be explained upon request to the county. A subscriber or county resident who has not been satisfied by following the franchisee's procedures may file a written complaint with the county, which will investigate the matter and, in consultation with the franchisee as appropriate, attempt to resolve the matter. The county shall consider a franchisee's good faith or lack thereof in attempting to resolve subscriber and resident complaints in a fair and equitable manner in connection with the franchisee's renewal application to the extent not inconsistent with applicable law. The franchisee shall maintain records of all service complaints requiring a service call not resolved within three days of receipt and the measures taken to resolve them. Upon the county's request, the franchisee will advise the county of the number of such service complaints and shall provide such records within two business days of the county's request.

(b)

A subscriber or other person with a claim in law or equity against a franchisee may also file an appropriate action in a court of competent jurisdiction. A franchisee's policies and procedures with respect to customers' complaints shall not have the effect of prohibiting a subscriber or other person from pursuing any claim for relief in law or equity in a court of competent jurisdiction. The county's Code including this article, state, and applicable federal law shall govern a franchisee's customer service policies and procedures. Nothing herein shall prohibit a franchisee from defending to the full extent allowed by applicable law any claim brought by any person.

(c)

The county may fine a franchisee for violation of this section $500.00 for each violation with each day of a continuing violation constituting a separate violation.

(Ord. No. 02-18, § 2, 7-30-02)