§ 20-535. Enforcement; settlement authority, notice and cure provisions.

(a)

Provisions of this article listed in Chapter 8½, Broward County Code of Ordinances, will be enforced pursuant to that chapter. The County Administrator is hereby authorized to resolve by settlement any notice of violation of this article issued pursuant to Chapter 8½, Broward County Code of Ordinances. In deciding to settle a dispute over an alleged violation, the County shall consider:

(1)

The probability of success in proving the violation;

(2)

The nature and seriousness of the violation;

(3)

The Operator's past history concerning similar violations;

(4)

Mitigating factors; and

(5)

The Operator's success in resolving this dispute with affected subscribers.

(b)

Prior to issuing a notice of violation pursuant to Chapter 8½, Broward County Code of Ordinances, the County will provide the Operator with notice and opportunity to cure. The notice shall state the code section alleged to be violated, factual basis of the violation, the amount of the civil penalty, and the time period allowed to cure the violation without incurring a civil penalty. This notice and cure provision will apply only to subsections (1) and (2) listed below:

(1)

Operator shall have a notice and opportunity to cure time period of no less than seven (7) days for the following violation:

Burying drop cable

(2)

Operator shall have a notice and opportunity to cure time period of no less than thirty (30) days for the following violations:

Maintaining insurance

Maintaining performance bond

Submission of construction plan

Equipment for the hearing impaired

Record and reporting

Maintaining an office

Maintaining 24-hour telephone system

Maintaining office hours

Providing educational and government access channels

Initiating service to new developments

(Ord. No. 1999-14, § 1.35, 4-13-99)