A. Appeals:
1. Any action or determination by franchisee under or pursuant to this chapter may be appealed to the city manager.
2. Any action or determination of the city manager under this chapter may be appealed to the council.
B. Separability: Any finding by any court of competent jurisdiction that any portion of this chapter is unconstitutional or invalid shall not invalidate any other provision of this chapter.
C. City Enforcement: The city shall enforce the provisions of this chapter by administrative, civil or criminal action or any combination as necessary to obtain compliance with this chapter. The council shall take such legislative action as is necessary to support this chapter and the franchise granted. At no time shall the service be deemed mandatory.
D. Penalties: Violation by any person of the provisions of sections 4-1-1 through 4-1-6 of this chapter shall, upon conviction, be assessed a class A infraction pursuant to section 1-4-1 of this code. Penalties in this section are not in lieu of other remedies provided in this chapter. Each day of the violation is a separate offense; provided, however, that two (2) or more such continuing offenses may be joined in the same action.
E. Binding Arbitration: In the event that an irreconcilable difference arises between the city and franchisee on their respective duties and responsibilities under the franchise or this chapter, an arbitration board shall be chosen, consisting of three (3) persons, one chosen by the city, one by the franchisee and one chosen by the two (2) appointed arbitrators. The arbitrators shall choose a time, date and place, within thirty (30) days of appointment of the last arbitrator, to hear both sides of the dispute and promptly render a decision that is binding on both the city and the franchisee. Where good cause is shown and recorded in the minutes, the time for decision may be extended. Procedure chosen may be that of the American Arbitration Association or that specified in chapter 33, Oregon Revised Statutes, for court supervised arbitration. Costs shall be split equally between the city and franchisee unless the arbitrators make an award of cost including, without limitation, arbitrators' time. (Ord. 563-08, 6-9-2008)