(A) Subject to applicable federal and state law, in the event the franchising authority, after a public hearing, determines that the grantee is in default of any provision of the franchise, the franchising authority may:
(1) Seek specific performance of any provision, which reasonably lends itself to a remedy, as an alternative to damages;
(2) Commence an action at law for monetary damages or seek other equitable relief; or
(3) In the case of a substantial default of a material provision of the franchise, declare the franchise agreement to be revoked in accordance with the procedures outlined in this section.
(B) The franchising authority shall give written notice to the grantee of its intent to revoke the franchise on the basis of noncompliance by the grantee, including one or more instances of substantial noncompliance with a material provision of the franchise. The notice shall set forth the exact nature of the noncompliance. The grantee shall have 90 days from the notice to object in writing and to state its reasons for the objection. In the event the franchising authority has not received a response satisfactory from the grantee, it may then seek termination of the franchise at a public meeting. The franchising authority shall cause to be served upon the grantee, at least ten days prior to a public meeting, a written notice specifying the time and place of the meeting and stating its intent to request a termination.
(C) At the designated meeting, the franchising authority shall give the grantee an opportunity to state its position on the matter, after which it shall determine whether or not the franchise shall be revoked. The grantee may appeal the determination to an appropriate court, which shall have the power to review the decision of the franchising authority “de novo” and to modify or reverse the decision as justice may require. An appeal to the appropriate court must be taken within 60 days of the issuance of the determination of the franchising authority.
(D) The franchising authority may, at its sole discretion, take any lawful action which it deems appropriate to enforce the franchising authority’s rights under the franchise in lieu of revocation of the franchise.
(Ord. 2314, passed 1-25-2006) Penalty, see § 120.999