92-31. Violations and Penalties.

  1. For the violation of any of the provisions of this Chapter, the grantee shall be subject to the penalties set forth in Henderson County Code, Chapter 1, General Provisions, Article II. Such penalties shall be chargeable to the franchise bond. Violation of this Chapter includes the following:
    1. Failure to adhere to system construction milestones and other construction, reconstruction or upgrade commitments in accordance with the franchise agreement, unless the Board of County Commissioners specifically approves the modification due to the occurrence of conditions beyond the grantee's control.
    2. Failure to provide data, documents, reports or information required by this Chapter to the County.
    3. Failure to test, analyze and report on the performance of the system following a request by the County.
    4. Failure to comply with operational, performance or maintenance standards.
    5. Failure to provide the community channel and equipment as required in this Chapter or in the franchise agreement with the County.
    6. Failure to pay the franchise fee on time.
  2. These penalties shall be in addition to and not a limitation upon the other penal provision of this Chapter or the franchise agreement, including revocation or other statutorily or judicially imposed penalties. No decision by the County to invoke any remedy under this Chapter, the franchise or any statute, law or ordinance shall preclude the exercising of any other such remedy.