In the event grantor believes that grantee has breached or violated any material provision of this chapter or a franchise granted hereunder, grantor may act in accordance with the following procedures. Grantor may notify in writing grantee of the alleged violation or breach and demand that grantee cure the same within a reasonable time, which shall not be less than ten days in the case of an alleged failure of the grantee to pay any sum or other amount due the grantor under this chapter or the grantee's franchise and 30 days in all other cases. If grantee fails either to cure the alleged violation or breach within the time prescribed or to commence correction of the violation or breach within the time prescribed and thereafter diligently pursue correction of such alleged violation or breach, the grantor shall then give written notice of not less than 14 days of a public hearing to be held before the Council. Said notice shall specify the violations or breaches alleged to have occurred. At the public hearing, the Council shall hear and consider relevant evidence and thereafter render findings and its decision. In the event the Council finds that a material violation or breach exists and that grantee has not cured the same in a satisfactory manner or has not diligently commenced to cure of such violation or breach after notice thereof from grantor and is not diligently proceeding to fully cure such violation or breach, the Council may revoke and terminate the franchise or impose any other remedy permitted by the franchise agreement or applicable laws. Grantee may appeal such action to any court and/or regulatory agency of competent jurisdiction and the franchise shall remain in effect during the pendency of such appeal(s).
(Ord. 836, passed 6-23-97)