(A) Whenever the village believes that the grantee has violated one or more terms, conditions or provisions of the franchise, and wishes to impose monetary penalties, a written notice shall be given to the grantee informing it of such alleged violation or liability. The written notice shall describe in reasonable detail the specific violation so as to afford the grantee an opportunity to remedy the violation. The grantee shall have 30 days subsequent to receipt of the notice in which to correct the violation before the village may impose penalties unless the violation is of such a nature so as to require more than 30 days and the grantee proceeds diligently within the 30 days to correct the violation. In any case where the violation is not cured within 60 days of notice from the village, or such other time as the grantee and the village may mutually agree to, the village may proceed to impose liquidated damages.
(B) The grantee may, within ten days of receipt of notice, notify the village that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by the grantee to the village shall specify with particularity the matters disputed by the grantee and shall stay the running of the 30-day cure period pending Board decision as required below. The Board shall hear the grantee’s dispute, the grantee must be given at least five days notice of the hearing. At the hearing, the grantee shall be entitled to the right to present evidence and the right to be represented by counsel. After the hearing, the village shall provide grantee a copy of its action, along with supporting documents. In the event the village upholds the finding of a violation, the grantee shall have 30 days subsequent, or such other time period as the grantee and the village mutually agree, to correct the violation.
(C) The rights reserved to the village under this section are in addition to all other rights of the village whether reserved by this subchapter or authorized by law or equity, and no action, proceeding or exercise of a right with respect to penalties shall affect any other right the village may have.
(2000 Code, § 113.47) (Ord. 1678, passed 7-21-1997) Penalty, see § 113.999