Each franchisee shall provide a performance
bond as specified in the franchise agreement.
If franchisee fails to perform in a timely manner
any material obligation required by this chapter or a franchise granted
hereunder, following notice from the Township and an opportunity to
cure such nonperformance, Township may act to remedy such violation
in accordance with the following procedures:
A. The Township, by action of the Board of Supervisors,
shall first notify franchisee of the violation, in writing, by personal
delivery or registered or certified mail and demand correction within
a reasonable time, which shall not be less than 15 days in the case
of the failure of the franchisee to pay any sum or other amount due
the Township under this chapter or a franchise agreement hereunder
and 30 days in all other cases. If franchisee falls to correct the
violation within the time prescribed or if franchisee fails to commence
corrective action within the time prescribed and diligently remedy
such violation thereafter, the franchisee shall then be given a written
notice of not less than 20 days of a public hearing to be held before
the Board of Supervisors. Said notice shall specify the violations
alleged to have occurred.
B. At the public hearing, the Board of Supervisors shall
hear and consider all relevant evidence and thereafter render findings
and its decision.
C. In the event the Board of Supervisors finds that franchisee
has corrected the violation or has diligently commenced correction
of such violation after notice thereof from the Township and is diligently
proceeding to fully remedy such violation, or that no material violation
has occurred, the proceedings shall terminate and no penalty or other
sanction shall be imposed. In determining whether a violation is material,
the Township shall take into consideration the reliability of the
evidence of the violation, the nature of the violation and the damage,
if any, caused to the Township or the Township's residents thereby,
whether the violation was chronic and any justifying or mitigating
circumstances and such other matters as the Township may deem appropriate.
D. In the event the Board of Supervisors finds that a material violation exists and that franchisee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation, the Board of Supervisors may terminate and cancel the franchise held by the franchisee as provided in §
111-6 hereof, or impose liquidated damages, payable from the performance bond, of up to $150 per day, for failure to meet its upgrade or construction schedule as set out in the franchise agreement and up to $100 per day or per incident for all other violations of a material nature, provided that all violations of a similar nature occurring at the same time shall be considered one violation.
The franchisee shall not be relieved of its
obligation to comply with any of the provisions of the franchise by
any failure of the Township to enforce prompt compliance.
Franchisee's recourse against the Township shall
be limited as provided in § 635A of the Cable Act.