(A) In addition to all other rights and powers retained by the municipality under this chapter or otherwise, the municipality reserves the right to terminate the franchise and all rights and privileges of the grantee hereunder in the event of a breach of its terms and conditions. A breach by the grantee shall include, but shall not be limited to the following:
(1) Violation of any material provision of the franchise or any material rule, order, regulation or determination of the municipality made pursuant to the franchise;
(2) Attempt to evade any provision of the franchise or to practice any fraud or deceit upon the municipality or its subscribers or customers;
(3) Failure to begin or complete system construction or system extension as provided under § 110.055;
(4) Failure to provide the services promised in the grantee's initial application;
(5) Failure to restore service after 96 consecutive hours of interrupted service, except when approval of such interruption is obtained from the municipality;
(6) Material misrepresentation of fact in the application for or negotiation of the franchise; or
(7) Failure to pay any fees or other consideration when due pursuant to the franchise or this chapter.
(B) The municipality shall make a written demand that the grantee comply with any such provision, rule, order or determination under or pursuant to the franchise. In the event that the violation by the grantee continues for a period of 30 days following such written demand without written proof satisfactory to the municipality that the corrective action was initiated immediately and thereafter has been completed or has been continuously, actively, and expeditiously pursued, the municipality may place the issue of termination of the franchise before the Board. The municipality shall cause to be served upon the grantee, at least 20 days prior to the date of such meeting, a written notice of intent to request such termination and the time and place of the meeting.
( C) The Board shall hear and consider the issues and shall hear any person interested therein and shall determine in its discretion whether any violation by the grantee has occurred. The grantee shall be afforded an opportunity to be heard at the hearing, including an opportunity to present all relevant evidence and witnesses and to question witnesses presented against the grantee. The grantee may, at its own expense, make a transcript of any such hearing.
(D) In the event that the Board determines that the violation by the grantee was the fault of the grantee and within its control, and the grantee is not taking actions to correct such violation if such violation could not be corrected within the 30 day time frame mentioned above, then the Board may, by resolution stating the violation or violations on which the decision is based, declare that the franchise of the grantee shall be forfeited and terminated immediately or within such period as the Board in its sole discretion may fix, unless there is compliance.
(Ord. 2000-10, passed 4-10-00)
Penalty, see § 110.999