A. Notice Of Violation: In the event that the franchising authority believes that the grantee has not complied with the terms of the franchise, it shall notify grantee, in writing, of the exact nature of the alleged noncompliance.
B. Grantee's Right To Cure Or Respond: Grantee shall have thirty (30) days from receipt of the notice described in subsection A of this section to: 1) respond to the franchising authority contesting the assertion of noncompliance; or 2) to cure such default or, in the event that, by the nature of default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the franchising authority of the steps being taken and the projected date that they will be completed.
C. Public Hearing: In the event that grantee fails to respond to the notice described in subsection A of this section pursuant to the procedures set forth in subsection B of this section above or in the event that the alleged default is not remedied within sixty (60) days after the grantee is notified of the alleged default pursuant to subsection A of this section, the franchising authority shall schedule a public meeting to investigate the default. Such public meeting shall be held at the next regularly scheduled meeting of the franchising authority which is scheduled at a time which is no less than five (5) business days therefrom. The franchising authority shall notify the grantee of the time and place of such meeting and provide the grantee with an opportunity to be heard.
1. Enforcement: Subject to applicable federal or state law, in the event the franchising authority, after such meeting, determines that grantee is in default of any provision of the franchise, the franchising authority may:
a. Foreclose on all or any part of any security provided under this franchise, if any, including, without limitation, any bonds or other surety; provided, however, the foreclosure shall only be in such a manner and in such amount as the 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.
The 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 the franchising authority to enforce prompt compliance.
2. Acts Of God: The grantee shall not be held in default or noncompliance with the provisions of the franchise, nor suffer any enforcement or penalty relating thereto, where such noncompliance or alleged defaults are caused by strikes, acts of God, power outages or other events reasonably beyond its ability to control. (Ord. 425, 7-28-1992)