Where the City Manager determines that an SVFH has materially breached any provision of its own consumer standards or of state or federal law, including, but not limited to, non-payment of franchise fees, the city may provide written notice of the breach (“notice of breach”) to the SVFH.
(A) A
MATERIAL BREACH is defined as an SVFH’s substantial and repeated failure to comply with service quality and other standards of federal or state law or of its own consumer standards.
(B) Receipt of a notice of breach shall be deemed to have occurred either:
(1) Five calendar days after the date on which the notice of breach was deposited to be mailed with the United States Postal Service or equivalent;
(2) Two calendar days after the date the notice of breach was sent via facsimile or e-mail; or
(3) On the date an SVFH’s designated representative was personally served the notice of breach.
(Ord. 2008-13, passed 12-2-2008)