The franchise is granted and shall be held and enjoyed upon each and every condition contained in this chapter and shall be strictly construed against the franchisee. The franchise shall grant only those rights that are stated in plain and unambiguous terms. Failure or refusal to comply with any of the conditions of the franchise, including the failure to comply with all applicable law, shall constitute grounds for the suspension or forfeiture of the franchise. The Council, prior to any suspension or forfeiture of the franchise, shall give to the franchisee not less than thirty (30) days’ notice in writing of any default thereunder. If the franchisee does not, within the noticed period, begin the work of compliance or after such beginning does not prosecute the work with due diligence to completion, the Council may hold a hearing, at which the franchisee shall have the right to appear and be heard, and thereupon the Council may determine, in its sole discretion, whether such conditions are material and essential to the franchise and whether the franchisee is in default with respect thereto and may declare the franchise suspended or forfeited. Notice of the hearing shall be given to the franchisee by certified mail not less than ten (10) days before the hearing.
(Ord. 1152, passed 5-17-11)