(A) Notice of violation. In the event that franchising authority believes that grantee has not complied with the terms of the franchise, it shall notify grantee in writing of the exact nature of the alleged default.
(7.1)
(B) Grantee’s right to cure or respond. Grantee shall have 60 days from receipt of the notice described in subsection (A) above:
(1) To respond to franchising authority contesting the assertion of default;
(2) To cure such default; or
(3) In the event that, by the nature of the default, such default cannot be cured within the 60-day period, to initiate reasonable steps to remedy such default and to notify franchising authority of the steps being taken and the projected date that they will be completed.
(7.2)
(C) Public hearing. In the event that grantee fails to respond to the notice described in subsection (A) above pursuant to the procedures set forth in subsection (B) above, or in the event that the alleged default is not remedied within 120 days after grantee is notified of the alleged default pursuant to subsection (A) above, franchising authority shall schedule a public meeting to investigate the default. Such public meeting shall be held at the next regularly scheduled meeting of franchising authority which is scheduled at a time which is no fewer than five business days therefrom. Franchising authority shall notify grantee of the time and place of such meeting and provide grantee with an opportunity to be heard.
(7.3)
(D) Enforcement.
(1) Subject to applicable federal and state law, in the event franchising authority determines, after such meeting, that grantee is in default of any provision of the franchise, franchising authority may:
(a) Foreclose on all or any part of any security provided under the franchise, if any, including, without limitation, any bonds or other surety; provided however, that the foreclosure shall only be in such a manner and in such amount as franchising authority reasonably determines is necessary to remedy the default;
(b) Commence an action at law for monetary damages or seek other equitable relief;
(c) In the case of a substantial default of a material provision of the franchise, declare the franchise agreement to be revoked; or
(d) Seek specific performance of any provision which reasonably lends itself to such remedy, as an alternative to damages.
(2) Grantee shall not be relieved of any of its obligations to comply promptly with any provision of the franchise by reason of any failure of franchising authority to enforce prompt compliance.
(7.4)
(E) Acts of God. Grantee shall not be held in default of the provisions of the franchise, nor suffer any enforcement or penalty relating thereto, where such alleged default is caused by strikes, acts of God, power outages, or other events reasonably beyond its ability to control.
(7.5)
(Prior Code, Appendix C, Article III, § 7) (Ord. 2010-28, passed 9-7-2010)