§ 90-50. Limitations of actions.  


Latest version.
  • Except as otherwise expressly provided by this article, any judicial proceeding, whether for the recovery of damages or otherwise, brought for the purpose of adjudicating the validity of any provision of this article or amendments thereof or any provision of the other franchise documents shall be commenced not later than 30 calendar days following the latter of: (1) the effective date of the provisions; or (2) the accrual of the cause of action. Any such judicial proceeding brought for the purpose of adjudicating the validity of any rule, order, regulation, determination or arbitration award which purports to have been made pursuant to the provisions of this article or of any of the other franchise documents shall be commenced not later than 30 calendar days following date of adoption, issuance or making of such rule, order, regulation, determination or arbitration award or, as to the franchisee, not later than 30 calendar days following the giving and serving of notice of said adoption, issuance or making of such rule, regulation, determination or award pursuant to the provisions of section 90-38 above. No judicial proceeding shall be commenced in violation of the limitations prescribed by this section.

    The provisions of this section shall not be applicable to any judicial proceeding, whether for the recovery of damages or otherwise, commenced by the cable television commission, county or cities for breach or enforcement of the provisions of this article or any regulation, determination or arbitration award purporting to have been issued thereunder.

(Ord. No. 97-12, § 2(5.50.048), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)