(A) (1) If the grantee should violate any of the terms, conditions or provisions of this franchise or if the grantee should fail to comply with any reasonable provisions of any ordinance of the city regulating the use by the grantee of the streets, alleys, easements or public ways of the city, and should the grantee further continue to violate or fail to comply with these provisions for a period of 30 days after the grantee shall have been notified in writing by the city to cease and desist from any violation or failure to comply, then the grantee may be deemed to have forfeited and annulled and shall thereby forfeit and annul all the rights and privileges granted by this franchise. The forfeiture shall be declared only by written decision of the Common Council after an appropriate public proceeding before the Council affording the grantee due process and full opportunity to be heard and to respond to any notice of violation or failure to comply.
(2) The Council may, in its discretion and upon a finding of violation or failure to comply, impose a lesser penalty than forfeiture of this franchise or excuse the violation or failure to comply upon a showing by the grantee of mitigating circumstances.
(B) (1) The grantee shall have the right to appeal any finding of violation or failure to comply and any resultant penalty to any court of competent jurisdiction. In the event that forfeiture is imposed upon the grantee, it shall be afforded a period of 12 months within which to sell, transfer or convey this cable television system to a qualified purchaser at fair market value.
(2) During this 12-month period, which shall run from the effective date of the final order or decision imposing forfeiture, including any appeal, the grantee shall have the right to operate the cable television system pursuant to the provisions of this franchise.
(Prior Code, § 115.25) (Ord. 4565, passed 11-13-1979) Penalty, see § 115.99