Orange County NC Website
20 <br />3. For failure to comply with transfer provisions: a one time fee of twenty- <br />five hundred dollars ($2,500.00) for each offense; and <br />4. For failure to comply with any material provision herein for which a <br />penalty is not otherwise specifically provided: a one time fee of two <br />hundred fifty dollars ($250.00) for each offense. <br />B. Whenever the County finds that Grantee has allegedly violated one or more <br />material terms, conditions or provisions of the Franchise, a written notice shall be <br />given to Grantee. The written notice shall describe in reasonable detail the <br />alleged material violation so as to afford the Grantee an opportunity to remedy the <br />violation. Grantee shall have 30 days subsequent to receipt of the notice in which <br />to correct the material violation. Grantee may, within 10 days of receipt of notice, <br />notify the County that there is a dispute as to whether a material violation or <br />failure has, in fact, occurred. Such notice by Grantee shall specify with <br />particularity the matters disputed by Grantee and shall stay the running of the <br />above-described time. <br />1. County shall hear Grantee's dispute at the next regularly scheduled or <br />specially scheduled Commissioners' meeting, Grantee shall have the right <br />to examine witnesses and appear and present its side of the dispute to the <br />County Board. The County shall determine if Grantee has committed a <br />violation and shall make written findings of fact relative to its <br />determination., <br />2. If after hearing the dispute, the claim is upheld by the County, then <br />Grantee shall have 30 days within which to remedy the violation before <br />the County may require payment of liquidated damages. <br />3, The time for Grantee to correct any alleged violation shall be extended by <br />the County if the necessary action to correct the alleged violation is of <br />such a nature or character as to require more than 30 days within which to <br />perform provided Grantee commences corrective action within 15 days <br />and thereafter exercises due diligence to correct the violation. No <br />liquidated damages will be assessed for a violation period that has existed <br />prior to the expiration of the period set by the Grantor herein for <br />correcting the defect. <br />C. Consistent with Section 17, the Grantor shall stay or waive the imposition of any <br />liquidated damages set forth herein upon a finding that any failure or delay is the <br />result of an act of God or due to circumstances beyond the reasonable control of <br />the Grantee. <br />Section 27. Remedies - Election