(A) General. The company shall comply with the requirements of this subchapter and the franchise agreement at all times during the term of its franchise.
(B) Material violations. If the city has reason to believe that the company has committed a material violation of this subchapter or the franchise agreement, the city may act to remedy the violation in accordance with the procedures set forth below. A material violation shall include:
(1) Construction or operation in the city or in the public ways of the city without a required permit, license or authorization;
(2) Construction or operation at an unauthorized location;
(3) Unauthorized franchise transfer;
(4) Material misrepresentation by or on behalf of the company in any application to the city or in any report or document required to be filed with the city;
(5) Failure to construct, complete, relocate or remove all or any part of the cable system as required by this subchapter or the franchise agreement;
(6) Failure to provide the services, facilities or resources required by this subchapter or the franchise agreement;
(7) Failure to pay taxes, franchise fees, costs or penalties when and as due the city;
(8) Failure to file required documents, applications or reports, including financial reports, with the city;
(9) Failure to deliver evidence of the company’s insurance coverage as specified in § 122.063;
(10) Failure to file and maintain with the city all required bonds;
(11) Failure to establish and maintain the security fund required pursuant to § 122.061;
(12) Failure to restore any amount withdrawn from the security fund, within the time specified in § 122.061;
(13) Failure to commence or complete construction within the time specified in the franchise agreement hereof;
(14) Systemic failure to comply with the customer service standards as required by § 122.092;
(15) Failure to comply with the material provisions of this subchapter; or
(16) Failure to comply with the material terms of the franchise agreement.
(C) Notice of material violations. Written notice shall be given to the company setting forth the nature of the material violation and a reasonable period of time for the company to correct the violation. Unless the city determines that the violation is of such a nature that a lesser period of time is warranted for remedying the violation, the company shall be given 30 days after receipt of such notice to remedy the violation.
(D) Answer to notice of violations. Within 30 days, or such other period of time specified by the city in its notice to the company, the company shall respond in writing to the city:
(1) That it contests the city’s notice of violation and requests an opportunity to be heard as provided herein. The company shall submit supporting documentation with its response to the notice;
(2) That it contests the city’s notice of violation for the reasons that the violation was beyond the reasonable control of the company and requests an opportunity to be heard as provided herein. The company shall submit supporting documentation with its response to the notice; and
(3) That the company will remedy the violation within the time specified by the city in its notice to the company.
(4) If the company contends that an extended period of time is reasonably needed to remedy the violation, it shall submit a written request for an extension, together with supporting documentation that the company cannot reasonably remedy the violation within the time period specified by the city in its notice to the company. The city shall not unreasonably deny an extension of time to remedy the violation. If the city grants the extension, the company shall proceed to remedy the violation within the extended time prescribed, provided that the company also informs the city on a regular basis of the steps being taken to remedy the violation.
(E) Hearing. The city shall give the company not less than 14 days written notice of the date, time and place of the public hearing to be held before the corporate authorities. At the public hearing, the corporate authorities shall hear and determine the issues and render its findings and its decision. If a hearing officer has been appointed by the city, the hearing officer shall hear the relevant evidence and shall render a record of the administrative hearing and recommended findings and decision to the corporate authorities.
(F) Determination. If the company fails to submit a written response to the city’s notice of violation as provided in division (D) above, or if the company fails to remedy the violation within the time period specified by the city in its notice to the company, or any extensions thereto granted by the city, or if the corporate authorities are persuaded after a hearing that the company has committed a material violation as provided herein, the corporate authorities may, after giving the company an opportunity to be heard:
(1) Order the company to remedy the violation within a reasonable period of time specified by the corporate authorities;
(2) Assess liquidated damages against the company in accordance with the franchise agreement; or
(3) Impose any lesser sanction permitted by the franchise agreement.
(Prior Code, § 122.088) (Ord. 2001-377, passed 11-13-2001)