§ 82-66. Forfeiture.

(a)

Material breach. In addition to all other rights and powers retained by the county under this article or otherwise, the county reserves the right to declare any resulting service agreement from this article forfeited and to terminate the service agreement and all rights and privileges of the residential service provider hereunder in the event of a material breach of the terms and conditions hereof. A material breach by the residential service provider shall include, but shall not be limited to, the following:

(1)

Telephone listings. A failure to keep and maintain a local telephone listing and office or answering service that is available by phone without long distance charge during regular business hours for service to the public, and which telephone or office shall, at minimum, provide and maintain the following services:

a.

Coordinate and provide information concerning deposits, payments and accounts to customers and prospective customers;

b.

Respond to customer and prospective customer questions and issues about billings, accounts, deposits and services;

c.

Coordinate with the county with respect to private sector and public works projects and issues related to or affecting the residential service provider's operation; and

d.

Respond immediately, upon request, to police, fire and other emergency situations in which the public health and safety require action with respect thereto or assistance;

(2)

Failure to provide service. A failure to materially provide the services provided for in this article;

(3)

Misrepresentation. Any material misrepresentation of fact in the application for or negotiation of any service agreement resulting from this article; or

(4)

Conviction. The conviction of any director, officer, employee, or agent of the residential service provider of the offense of bribery or fraud connected with or resulting from the issuance of a service agreement under this article.

(b)

Operation information. Any material misrepresentation of fact knowingly made to the county with respect to or regarding the residential service provider's operations, management, revenues, services or reports required pursuant to this article shall be grounds for the county to declare any resulting service agreement from this article forfeited and to terminate the service agreement.

(c)

Economic hardship. The residential service provider shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees.

(d)

Forfeiture and proceedings. Any unwarranted and intentional neglect, failure or refusal of the residential service provider to comply with any material provision of this article or resulting service agreement within 30 days after written notice from the county setting forth the specific provision and noncompliance, said notice to be mailed to residential service provider at its principal place of business by certified mail, return receipt requested, shall be deemed a breach of this article, and the county, upon notice to the residential service provider and hearing, may, for good cause, declare a service agreement forfeited and exclude the residential service provider from further use of the county streets under this article, and the residential service provider shall thereupon surrender all rights in and under this article and service agreement.

(1)

Proceedings. In order for the county to declare a forfeiture pursuant to subsections (a) through (d) of this section, the county shall make a written demand that the residential service provider comply with any such provision, rule, order, or determination under or pursuant to this article. If such violation by the residential service provider continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the county board of commissioners may take under consideration the issue of termination of the resulting service agreement issued under this article. The county shall cause to be served upon the residential service provider, at least 20 days prior to the date of such board of commissioners' meeting, a written notice of intent to request such termination and the time and place of the meeting. Notice shall be given of the meeting and issue which the board of commissioners is to consider.

(2)

Hearing. The board of commissioners shall hear and consider the issue, hear any person interested therein, and shall determine whether or not any violation by the residential service provider has occurred.

(3)

Forfeiture. If the board of commissioners shall determine that the violation by the residential service provider was the fault of the residential service provider and within its control, the board of commissioners may declare the service agreement forfeited and terminated, or the board of commissioners may grant to the residential service provider a period of time for compliance.

(Ord. No. SWO2012-002, § XVI, 8-7-2012)