§ 6.5-165. Effect of "technical" violation of ordinance or franchise agreement.

Latest version.

A service provider or system owner or operator shall not be subject to penalties, fines, forfeitures, revocation or involuntary termination of a franchise for a technical violation of this article or a technical breach of a franchise. For purposes of this article, technical violations or breaches include the following:
(1)

Instances or matters where a violation of this article or, where applicable a franchise, was a good faith error that resulted in no negative impact on the residents, subscriber or users within the city, or on the city itself, or where such violation resulted in de minimus effect on any of the preceding persons or the city; or

(2)

Instances or circumstances that are reasonably beyond the control of a service provider or system owner or operator, including force majeure situations, and that prevent a service provider or system owner or operator from complying with this article or the franchise.

(Ord. No. A-177, § 15, 3-13-2000)

                    
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