(A) If the village believes that the grantee has not complied with the terms of the franchise, the village shall first informally discuss the matter with the grantee. If these discussions do not lead to resolution of the problem, the village shall notify the grantee in writing of the exact nature of the alleged noncompliance (the “violation notice”).
(1) The grantee shall have 30 days, or such longer period of time as the grantee can reasonably demonstrate is necessary, from receipt of the violation notice to respond to the village, contesting the assertion of noncompliance, or to cure such default.
(2) If the grantee fails to respond to the violation notice received from the village, or if the default is not remedied within the cure period set forth above, the village shall schedule a public hearing if it intends to continue its enforcement procedure. The village shall provide the grantee at least 10 to 14 days prior written notice of the hearing, which specifies the time, place and purpose of the hearing, notice of which shall be published by the village in accordance with applicable law. The grantee shall have the right to present evidence and to challenge the validity of the alleged noncompliance. The village shall determine if the grantee has committed a violation and shall make written findings of fact relative to its determination.
(3) In the event the village, after the hearing set forth in subsection (2) above, determines that the grantee is in default of any provision of the franchise, the village may:
(a) Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages or determine damages of up to $500 per day for each day of violation. The damages may be determined by village on the grantee or drawn by the village from any bond or other security posted by the grantee under any franchise granted hereunder; or
(b) In the case of a substantial default of a material provision of the franchise, seek to revoke the franchise following the procedure in division (B).
(4) If a violation is found, the grantee shall have the right to appeal such decision to any court of competent jurisdiction.
(B) Procedures for revocation.
(1) The village shall provide the grantee with written notice of a cause for revocation and the intent to revoke and shall allow the grantee an additional 30 days subsequent to receipt of the revocation notice in which to correct the violation or to provide adequate assurance of performance in compliance with the franchise. In the revocation notice, the village shall provide the grantee with the basis of the revocation.
(2) The grantee shall be provided the right to a public hearing, in addition to the public hearing required under subsection (A)(2), affording due process before the Village Board prior to the effective date of revocation, which public hearing shall follow the 30-day notice provided in subsection (A)(1). Following conduct of the public hearing, the village shall provide the grantee with written notice of its decision together with written findings of fact.
(3) Only after the public hearing and upon written notice of the determination by the village to revoke the franchise, may the grantee appeal the decision with an appropriate state or federal court or agency.
(4) During the appeal period, the franchise shall remain in full force and effect unless the term thereof sooner expires or unless continuation of the franchise would endanger the health, safety and welfare of any person or the public.
(Ord. 1 4-05, passed 4-4-2005)