(a) In addition to any rights set out elsewhere in this chapter, the grantor reserves the right to revoke the franchise, and all rights and privileges pertaining thereto, as provided in this section.
(b) The franchise may be revoked if the grantee:
(1) Willfully or repeatedly refuses, neglects or fails to construct, operate or maintain its cable television system in accordance with this chapter and the franchise;
(2) Willfully or repeatedly refuses, neglects or fails to comply with the conditions of occupancy of any public land;
(3) Delays the system's construction schedule for more than eighteen months;
(4) Willfully or repeatedly refuses, neglects or fails to make required extensions of service;
(5) Practices any fraud or deceit upon the Village or the system's subscribers;
(6) Becomes insolvent, is unable or unwilling to pay its debts, is adjudged bankrupt or seeks relief under the bankruptcy laws; or
(7) In any other way substantially violates or fails to comply with any of the provisions of this chapter, the franchise or any rule or regulation adopted thereunder.
(c) If the Board of Trustees determines that grounds for revocation exist or have existed, the Board shall notify the grantee, in writing, setting forth the nature and facts of the alleged violation or noncompliance. If, within sixty days following such written notification, the grantee has not furnished reasonable evidence that corrective action has been initiated, taken or is being actively and expeditiously pursued, that the alleged violation or noncompliance did not occur or that the alleged violation or noncompliance was beyond the grantee's control, then the matter will be referred to the Board for further determination.
(d) Upon the failure of the grantee to comply with the provisions of the franchise or to commence appropriate corrective action within sixty days after receiving written notice by certified mail to the general manager, or agent, of the grantee of such noncompliance from the grantor, the grantor may hold a public hearing to consider the option of revocation of the franchise. The grantor shall give the grantee at least twenty days advance written notice of such hearing and shall also publish such notice in advance in a newspaper with local circulation. If, after such hearing, at which the grantee will be afforded all due process of law, including the right to appear and be heard, the grantor determines that the franchise should be revoked, the grantor must advise the grantee of its decision in writing and may, by ordinance, declare a forfeiture, whereupon all rights of the holders of the franchise shall immediately be divested without a further act upon the part of the grantor. The Board may require the grantee to remove its visible structures or property from all public ways and restore the streets to such condition as the grantor may reasonably require. Upon failure to do so, the grantor may perform the work and collect the cost thereof from the grantee. The cost thereof shall be a lien upon all property of the grantee located within the franchise area. Such lien shall not attach to property of the grantee located on the poles or other utilities until such property has been removed therefrom.
(Ord. 593. Passed 7-12-82.)