(A) In addition to all other rights and powers of the town by virtue of the franchise or this chapter, the town may terminate and cancel the franchise and all rights and privileges of the franchisee thereunder in the event that the franchisee:
(1) Substantially violates any provision of the franchise or this chapter or any rule order or determination of the Board of Commissioners made pursuant thereto, where the violation shall remain uncured for a period of 30 days subsequent to receipt by the franchisee of written notice of the violation, except where the violation is not the fault of the franchisee or is due to excusable neglect;
(2) Attempts to dispose of any of the facilities or property of its CATV business to prevent the town from purchasing same, as provided for herein; or
(3) Attempts to evade any of the provisions of this chapter or the franchise agreement or practices any fraud or deceit upon the town.
(B) Termination and cancellation shall be made by resolution of the Board of Commissioners duly adopted after 60-days’ notice to the franchisee and shall, in no way, affect any of the town’s rights under the franchise or any provisions of law. However, before the franchise may be terminated and cancelled under this section, the franchisee shall be provided with an opportunity to be heard at a public hearing before the Board of Commissioners, upon 30-days’ written notice to the franchisee of the time and place of the public hearing. The notice shall affirmatively cite the reasons alleged to constitute cause for revocation and shall be published in a local newspaper of general circulation at least 20 days before the date of the hearing.
(1988 Code, § 111.34) (Ord. passed 10-2-1979)