In case of the failure of the franchisee to substantially perform and carry out any material provision of this chapter, attempts by the franchisee to evade the provisions of this chapter, or practices of fraud or deceit upon the franchising authority, the city may, after a public hearing, determine the failure. If the franchisee has not cured any failure upon the expiration of the 30-day period, the city may take any steps as it deems necessary to terminate the franchise. However, before the franchise may be terminated, the franchisee shall be provided with an opportunity to be heard before the City Council and to contest the city’s determination, which may include the opportunity for alternative dispute resolution proceedings. Notwithstanding anything to the contrary, no penalty or sanction of any kind including revocation or termination may be imposed when the action or omission is due to acts of God or reasons beyond the control of the franchisee.
(Ord. 186, passed 4-17-00)