(A) Grounds of revocation. The county reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated with the franchise in accordance with the procedures set forth herein in the following circumstances, each of which represents a default and breach under this chapter and the franchise grant:
(1) The grantee’s default in the performance of any of the material obligations under this chapter, the franchise or under such documents, contracts, operating agreements, and other terms and provisions entered into by and between the county and the grantee;
(2) The grantee’s violation of any orders or rulings of any regulatory body having jurisdiction over the grantee after notice thereof, continuation or the violation without a reasonable remedy having been initiated within 90 days of notice;
(3) The grantee’s fraud or any unfair or deceptive act or practice with regard to the county or the public under the laws of the state; or
(4) The grantee’s insolvency or bankruptcy.
(B) Procedure prior to revocation.
(1) The county shall make written demand that the grantee comply with any material requirement, limitation, term, condition, rule, or regulation or correct any action deemed cause for revocation. If the failure, refusal, or neglect of the grantee continues for a period of 90 days following such written demand, the county shall place its intent to revoke the franchise upon a regular County Commissioner meeting agenda. The county shall cause to be mailed by certified mail to the grantee at least ten days prior to the date of such meeting, a written notice of intent to revoke and the reasons therefor, and the time and place of the meeting, notice of which shall be published by the County Clerk at least once ten days before such meeting in a newspaper of general circulation within the county.
(2) The Board of Commissioners shall hear any persons interested therein, and shall determine in its discretion, whether or not any failure, refusal, or neglect by the grantee was with just cause.
(3) If such failure, refusal, or neglect by the grantee was with just cause, as reasonably determined by the county in its sole discretion, the Board of Commissioners shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.
(4) If the Board of Commissioners shall determine that such failure, refusal, or neglect by the grantee was without just cause, then the Board of Commissioners shall, by resolution, declare that the franchise of the grantee shall be revoked.
(Ord. passed 9-6-2011) Penalty, see § 110.99