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 violation in writing by personal delivery or registered or certified mail, and demand correction within a reasonable time, which shall not be less than 30 days. If grantee fails to demonstrate that a violation does not exist, correct the violation within the time prescribed, or initiate a reasonable plan of action to correct the violation and diligently remedy such violation thereafter, grantor may declare grantee in default, which declaration shall be in writing.
(B) Within 20 days after declaration of default, grantee may request, in writing, a public hearing to be held before the Council providing grantee with the full opportunity to participate and present evidence.
(C) Subsequent to the public hearing, the Council shall hear and consider all other relevant evidence, and thereafter render written findings and its decision.
(D) In the event the Council finds that the grantee has corrected the violation or has diligently commenced correction of such violation after notice thereof from grantor and is diligently proceeding to fully remedy such violation, or that no material violation has occurred, the proceedings shall terminate and no penalty or other sanction shall be imposed.
(E) In the event the Council finds that material violations exist and that grantee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violation after notice thereof from grantor and is not diligently proceeding to fully remedy such violation, the Council may exercise any right or remedy afforded in law or equity, or any remedies provided in this chapter and the franchise agreement as it, in its discretion, deems appropriate under the circumstances.
(Ord. 912, passed 6-8-00)