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In the event grantor believes that grantee has breached or violated any material provision of this chapter or a franchise granted hereunder and the grantor desires to impose the provisions of this section, the grantor shall act in accordance with the following procedures.
(A) The grantor shall notify grantee of the alleged violation or breach by certified mail and demand that grantee cure the same within a reasonable time, which shall not be less than ten days in the case of an alleged failure of the grantee to pay any sum or other amount due the grantor under this chapter or the grantee’s franchise and 30 days in all other cases. If grantee fails either to cure the alleged violation or breach within the time prescribed or to commence correction of the violation or breach within the time prescribed and thereafter diligently pursue correction of the alleged violation or breach, the grantor shall then give written notice of not less than 14 days of a public hearing to be held before the Council.
(B) The notice shall specify the violations or breaches alleged to have occurred. At the public hearing, the Council shall hear and consider relevant evidence and thereafter render findings and its decision. In the event the Council finds that a material violation or breach exists and that the grantee has not cured the same in a satisfactory manner or has not diligently commenced to cure the violation or breach after notice thereof from grantor and is not diligently proceeding to fully cure the violation or breach, the Council may revoke and terminate the franchise or impose any other remedy permitted by the franchise agreement or applicable laws.
(Ord. 78, passed 10-13-1997)