(A) If the franchising authority, after the public hearing as provided in § 114.157 of this chapter, determines that the grantee is in default of any provision of the franchise, the franchising authority, subject to applicable federal law, may:
(1) Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages;
(2) Commence an action at law for monetary damages or seek other equitable relief; or
(3) If there is a substantial default of a material provision of the franchise, declare the franchise agreement to be revoked in accordance with the procedures outlined in this section.
(B) The franchising authority shall give written notice to the grantee of its intent to revoke the franchise on the basis of non-compliance by the grantee, including one or more instances of substantial non-compliance with a material provision of the franchise. The notice shall set forth the exact nature of the non-compliance. The grantee shall have 30 days from such notice to object in writing and to state its reasons for such objection. If the franchising authority has not received a response satisfactory from the grantee, it may then seek termination of the franchise at a public meeting. The franchising authority shall cause to be served upon the grantee, at least five days prior to such public meeting, a written notice specifying the time and place of such meeting and stating its intent to request such termination.
(C) (1) At the designated meeting, the franchising authority shall give the grantee an opportunity to state its position on the matter, after which it shall determine whether or not the franchise shall be revoked.
(2) The grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the franchising authority de novo and to modify or reverse such decision as justice may require.
(3) Such appeal to the appropriate court must be taken within 120 days of the issuance of the determination of the franchising authority.
(D) The franchising authority may, at its sole discretion, take any lawful action that it deems appropriate to enforce the franchising authority’s rights under the franchise in lieu of revocation of the franchise.
(2013 Code, § 8-8.4) (Ord. 14586, passed 4-13-1998)