§ 26-45. Enforcement of consumer protection standards.

Nothing herein shall prevent the county from taking action to protect the health, safety or welfare of the public or to prevent imminent danger of damage to property. Enforcement of the consumer protection standards contained herein shall be governed by the following:

(1)

Fines. In assessing fines against a franchisee, the county administrator shall be governed by the amount set forth in each section of the consumer protection standards. Fines are to be assessed on a per violation basis with each day of a continuing violation constituting a separate violation, or each occurrence of a violation constituting a separate violation, whichever is appropriate given the nature of the violation. Where a specific consumer protection provision does not contain a specific amount of a fine, the county administrator may assess a fine in the amount of $250.00 per violation.

(2)

Notice and opportunity to cure. Prior to assessing a fine, the county administrator shall provide the franchisee with a notice of violation that sets forth the county's intention to assess a refund and/or fine and contains a description of the alleged violation. Following receipt of such notice, the franchisee shall cure or commence to cure such violation within 30 days. Final cure of a violation or all reasonable action to do so shall prevent the assessment of fines. The franchisee shall have 15 business days from the date of receipt of the written notice to file a written response with the county administrator. The county and the franchisee shall make good faith reasonable efforts to resolve the dispute in question. A management level employee of the franchisee shall sign the franchisee's written response and all statements contained therein will be regarded as material representations to the county.

(3)

Prior to assessing a fine, the county administrator shall consider any justification or mitigating factor advanced in the franchisee's written response, including but not limited to rebates or credits to the subscriber or the franchisee's good faith efforts to cure the violation. The county administrator may, after consideration of the response of the franchisee, waive or reduce any proposed fine. In the case of a violation of this article or any franchise, the county administrator may not assess any fine if the franchisee has reasonably resolved the complaint or cured the violation or taken all reasonable steps to do so within 30 days. Such time period may be extended for good cause shown. If the county administrator determines ultimately to impose a fine, the fine shall begin to accrue on the first business day after the date the period to cure as provided by the county has terminated. Each day of a continuing violation shall constitute a separate violation for purposes of imposing fines. However, even if the county determines not to impose a fine, an affected subscriber may be entitled to a credit or refund as provided herein. It is the intent of the county to determine refunds and/or fines as a reasonable estimate of the damages suffered by the county and/or the subscribers.

(4)

Subsequent to the notice of proposed refund and/or fine to franchisee and consideration of the franchisee's response, if any, the county administrator may issue an assessment of refund or fine. The refund and/or fine shall be paid within 30 days of written notice to the franchisee. The county may enforce payment of the refund or fine in any court having jurisdiction, by drawing down any security fund submitted by the franchisee, or by any other means available under applicable law.

(Ord. No. 02-18, § 2, 7-30-02)