If the Village has reason to believe that the Grantee has committed a violation of this Chapter or the Franchise Agreement, the Village may act to remedy the violation in accordance with the procedures set forth in a Franchise Agreement and below:
(A) Notice of Violations. Written notice shall be given to a Grantee setting forth the nature of the violation and a reasonable period of time for a Grantee to correct the violation. Unless the Village determines that the violation is of such a nature that a lesser period of time is warranted for remedying the violation, a Grantee shall be given thirty (30) days after receipt of such notice to remedy the violation.
(B) Answer to Notice of Violations. Within thirty (30) days, or such other period of time specified by the Village in its notice to a Grantee, a Grantee shall respond in writing to the Village:
(1) That it contests the Village's notice of violation and requests an opportunity to be heard as provided herein. A Grantee shall submit supporting documentation with its response to the notice;
(2) That it contests the Village's notice of violation for the reasons that the violation was beyond the reasonable control of a Grantee and requests an opportunity to be heard as provided herein. A Grantee shall submit supporting documentation with its response to the notice;
(3) That a Grantee will remedy the violation within the time specified by the Village in its notice to a Grantee; or
(4) If a Grantee contends that an extended period of time is reasonably needed to remedy the violation, it shall submit a written request for an extension, together with supporting documentation that a Grantee cannot reasonably remedy the violation within the time period specified by the Village in its notice to a Grantee. The Village shall not unreasonably deny an extension of time to remedy the violation. If the Village grants the extension, a Grantee shall proceed to remedy the violation within the extended time prescribed, provided that a Grantee also informs the Village on a regular basis of the steps being taken to remedy the violation.
(C) Hearing. The Village shall give a Grantee not less than fourteen (14) days written notice of the date, time and place of the public hearing to be held before the Corporate Authorities. At the public hearing, the Corporate Authorities shall hear and determine the issues and render its findings and its decision. If a hearing officer has been appointed by the Village, the hearing officer shall hear the relevant evidence and shall render a record of the administrative hearing and recommended findings and decision to the Corporate Authorities.
(D) Determination. If the Grantee fails to submit a written response to the Village's notice of violation as provided in Paragraph (B) hereinabove, or if a Grantee fails to remedy the violation within the time period specified by the Village in its notice to a Grantee, or any extensions thereto granted by the Village, or if the Corporate Authorities are persuaded after a hearing that a Grantee has committed a violation as provided herein, the Corporate Authorities may, after giving a Grantee an opportunity to be heard:
(1) Order a Grantee to remedy the violation within a reasonable period of time specified by the Corporate Authorities;
(2) Assess liquidated damages against a Grantee in accordance with the Franchise Agreement; or
(3) Impose any lesser sanction permitted by a Franchise Agreement.
(E) Judicial Relief Not Barred. No provision of this Section shall be deemed to bar or otherwise limit the right of the Franchising Authority to seek or obtain judicial relief to enforce the provisions of this Cable Communications Ordinance.
(Ord. 01-2301, passed 12-11-01)