§ 118.156  PROCEDURES FOR REMEDYING FRANCHISE VIOLATIONS.
   (A)   In the event the grantee should violate any of the terms of this chapter or any federal or state law or regulation, or any provision of their franchise agreement, the city government shall give the grantee written notice of the violation, breach, default, or noncompliance.  The grantee shall within 30 days of receipt of written notice from the city government substantially undertake and promptly correct such default, breach, violation, or noncompliance and certify the same to the City Clerk.  In the event that the grantee fails to substantially undertake such corrective action within 30 days of receipt of such written notice and promptly complete the corrective action, the city government may:
      (1)   Make such correction itself and charge the cost of the same to the grantee;
      (2)   Secure the proceeds from any financial performance instrument posted by the grantee or impose the sum of $100 per day for each day breach or violation following the cure date that grantee fails to meet an agreed upon limits for such activity or its contractual or legal obligations; and/or
      (3)   In the case of a material breach of the chapter or the franchise agreement, declare the grantee in default and terminate the franchise and rights granted under the franchise.
   (B)   Notwithstanding anything to the contrary in the chapter, the city government shall not impose any penalty upon the grantee where either the violation or failure to cure the same result from force majeure, labor dispute, declaration of war or other hostilities, act of God, or any other reason beyond the control of the grantee.
(1980 Code, § 118.156)  (Ord. 1996-4, passed 4-9-1996)