A. Administrative Authority:
1. The city administrator will have continuing regulatory authority over cable systems, cable services, and franchise compliance; provided, however, the city council shall have the sole authority to hold hearings and take final enforcement action as provided in subsections B3 and B4 of this section or revoke a franchise as provided in subsection C of this section.
2. The city administrator may delegate this regulatory supervision by giving written notice of such delegation to affected grantees. Grantees must cooperate with any such delegates of the city administrator.
B. Violations:
1. Notice Of Violation: In order to take enforcement action pursuant to this chapter or a franchise, the city must provide the grantee with written notice of the violation or other occurrence giving rise to the city's action.
2. Remedy Of Violation: The grantee shall have thirty (30) days, subsequent to receipt of the notice, to cure the violation or occurrence giving rise to the city's action. Alternatively, the grantee may, within seven (7) days of receipt of notice from the city, notify the city in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by the grantee to the city shall specify with particularity the matters disputed by grantee.
3. Hearing: In the event a grantee does not timely cure, to the city's satisfaction, the violation or other occurrence giving rise to the city's action, or timely disputes whether a violation has occurred, the city will schedule a public hearing affording grantee due process. The city will endeavor to schedule the hearing for a date within ninety (90) days of the initial violation notice. Notice of the hearing must be provided to the grantee.
4. Determinations: At the completion of the hearing, the city will issue written findings of fact and its final determination. A grantee may not initiate legal proceedings until the city's final determination is issued. In the event the city determines that no violation has taken place, the city will rescind the notice of violation in writing.
C. Revocation Of Franchise:
1. In addition to all other rights and remedies that the city possesses pursuant to law, equity and the terms of the franchise agreement, the city may revoke or terminate the franchise and all rights and privileges pertaining thereto, in accordance with subsection B of this section if the city determines that:
a. The grantee has violated any material requirement or provision of this chapter or a franchise and has failed to timely cure; or
b. The grantee has attempted to evade any of the material provisions of this chapter or a franchise; or
c. The grantee has practiced fraud or deceit upon the city or a subscriber; or
d. The grantee has filed for bankruptcy.
2. During any revocation proceeding and any appeal period, the franchise will remain in full force and effect unless the term thereof sooner expires. (Ord. 2003-7, 4-7-2003)