Prior to imposing any remedy or other sanction against grantee specified in this chapter, grantor shall give grantee notice and opportunity to be heard on the matter, in accordance with the following procedures:
A. Grantor shall first notify grantee of the alleged violation in writing by personal delivery or registered or certified mail, and demand correction, or evidence of non-violation, within a reasonable time, which shall not be less than fifteen business days in the case of the failure of the grantee to pay any sum or other amount due the grantor under this chapter or the grantee's franchise and thirty business days in all other cases. If grantee fails to:
1. Correct the alleged violation within the time prescribed; or
2. Commence correction of the alleged violation within the time prescribed and diligently remedy such alleged violation thereafter; or
3. Provide evidence that there is no violation, the grantor shall then give, by personal delivery or registered or certified mail written notice of not less than thirty days of a public hearing to be held before the Council. Said notice shall set forth in detail each of the violations alleged to have occurred.
B. Subsequent to the public hearing, the Council shall hear and consider all other relevant evidence, and thereafter render findings and its decision.
C. If the Council finds that:
1. The grantee has corrected the alleged violation; or
2. The grantee has diligently commenced correction of such alleged violation after notice thereof and is diligently proceeding to fully remedy such alleged violation; or
3. No material violation has occurred, the proceedings shall terminate and no penalty or other sanction shall be imposed.
D. If the Council finds that material violations exist and that grantee:
1. Has not corrected the same in a satisfactory manner, or
2. Has not diligently commenced correction of such violation after notice thereof and is not diligently proceeding to fully remedy such violation; then the Council may impose one or more of the remedies provided in this chapter and the franchise agreement as it, in its discretion, deems appropriate under the circumstances. (Ord. 02-101 § 15(part), 2002)