(a) If a grantee fails to substantially perform in a timely manner any material obligation required by this chapter or a franchise granted hereunder, following notice from the City and a sixty-day opportunity to correct such failure, the City may, at its option:
(1) Terminate the grantee's franchise;
(2) Seek damages from the grantee; or
(3) Seek injunctive relief or the specific performance of any of the provisions of the franchise which, as a matter of equity, are specifically enforceable.
(b) The rights and remedies of the City, as set forth in this chapter, are not exclusive and shall be in addition to, and not in limitation of, any other rights and remedies provided at law or in equity.
(c) Prior to imposing any remedy or other sanction against the grantee, the City shall give the grantee notice and an opportunity to be heard on the matter, in accordance with the following procedures:
(1) Notice. The City shall first provide the grantee, via personal delivery or registered or certified mail, with written notice specifically detailing the alleged violation and demanding correction within a reasonable time, which shall not be less than sixty days in all cases. If the grantee fails to correct the violation within the time prescribed, the City shall give written notice of a public hearing.
(2) Public hearing. At the public hearing, Council shall hear and consider all relevant evidence and thereafter render findings and its decision.
(3) Failure to correct. If Council finds that material violations exist and that the grantee has not corrected the same in a satisfactory manner or has not diligently commenced correction of such violations, within thirty days following the date of the release of the public hearing decision, Council may seek such remedies as it deems appropriate under the circumstances.
(Ord. 581. Passed 12-13-95.)