§ 26-55. Enforcement and penalties.

(a)

False complaints against franchisees. It shall be a violation of this article to intentionally file a false complaint with the county against a franchisee. The county may fine any person who intentionally files a false complaint against a franchisee in the amount of $55.00 for the first violation and $130.00 for each subsequent violation. The county may pursue further penalties pursuant to applicable law, including section 1-11 of the County Code.

(b)

Intentional misrepresentation by a franchisee. Intentional misrepresentation by a franchisee in any response to a notice of violation or notice of proposed refund or fine, or to the county's request for other information shall be grounds for franchise revocation or other action by the county.

(c)

Effect of violations on franchise agreement. To the extent consistent with applicable law, the county expressly reserves the right to consider violations of consumer protection standards or submitting any false information in evaluating any application for renewal, modification, or transfer of any franchise agreement.

(d)

Enforcement.

(1)

In addition to any other remedies available at law or equity or provided in this article, or in any franchise agreement, the county may impose a fine in the amount of $500.00 per violation of this article with each day of a continuing violation constituting a separate violation of this article.

(2)

Violations, fines and penalties, remedies and prosecution. Fines, penalties, remedies and prosecution for any violation of this article shall be pursuant to the County Code of Ordinances, including this article and section 1-11 as amended, and the county uniform fine schedule, as amended. The amount of fines specified in this article shall control in the event of a conflict with the uniform fine schedule, as amended. Each violation of this article shall be a separate offense.

(3)

Before imposing a fine pursuant to this section, the county shall give the franchisee written notice of the violation and its intention to assess such fine, which notice shall contain a description of the alleged violation. Whenever practicable, the franchisee shall have ten calendar days after notice to cure the violation and the county shall make good faith reasonable efforts to assist the franchisee in resolving the violation. If the violation is not cured within that ten-day period, the county may impose fines. Each day or part thereof of a continuing violation shall constitute a separate violation for which the imposed fine shall accrue beginning with the first business day after the time period to cure the violation has expired. The county may collect such fines either by removing such amount from the security fund, pursuant to the procedures contained in section 1-11 of the County Code, or through any other means allowed by law.

(4)

In addition to any other remedies available at law or equity or provided in this article or in any franchise agreement, the county may apply any one or combination of the following remedies in the event a franchisee materially violates this article, its franchise agreement, or applicable law:

a.

If after 30 days notice of a violation, a franchisee has failed to cure such violation or taken such steps as may be reasonably possible to cure in the time period, the county may revoke a franchise by vote of the board at a public hearing of which franchisee has been given 30 days notice and at which franchisee has a right to be heard pursuant to the procedures specified in this article.

b.

In addition to or in lieu of any other remedy, the county may seek legal or equitable relief from any court of competent jurisdiction.

(5)

In determining which remedy or remedies are appropriate, the county shall take into consideration the nature of the violation, the persons bearing the impact of the violation and the effect of such violation, the nature of the remedy required to prevent further violations, and such other matters as the county determines are appropriate to the public interest.

(6)

Failure of the county to enforce any requirements of a franchise agreement or this article shall not constitute a waiver of the county's rights under a franchise agreement or this article, and shall not constitute a waiver of the county's right under a franchise agreement or this article to pursue remedies with respect to a violation or subsequent violations of the same type or to seek appropriate enforcement remedies.

(7)

In any proceeding wherein there exists an issue with respect to a franchisee's performance of its obligations pursuant to this article or a franchise agreement, the franchisee has, throughout any such proceedings and appeals thereof, the burden of proving that said franchisee is in compliance with the terms of this article or a franchise agreement. The board of county commisioners may find a franchisee that does not demonstrate compliance with the terms and conditions of this article in default and apply any one or combination of the remedies otherwise authorized by this article.

(8)

Nothing in this article shall affect or limit the remedies the county has available under applicable law.

(Ord. No. 02-18, § 2, 7-30-02)