§ 4.16.15. Franchise violations—Procedures, notice, and cure.

Before exercising any right of redress available to it under the terms of this chapter, including determination of any penalty assessable under applicable law, the city shall follow the procedures set forth in this section.

The city shall notify grantee in writing, by certified mail, of any alleged violation, ("violation notice") which notice shall include a detailed description of any alleged violation and a request for cure of such violation.

Grantee shall have thirty (30) days from the date of receipt of such notice to respond in writing, indicating:

A.

That grantee has cured the alleged violation, providing reasonable documentation demonstrating that the alleged violation has been cured;

B.

That grantee has commenced or will commence actions to cure the alleged violation, but that the alleged violation cannot reasonably be cured immediately, describing the steps taken to be taken to cure the alleged violation; or

C.

That grantee disagrees with the allegation that a violation has occurred and contests the violation notice, stating the reasons therefore. If a violation is cured by grantee within sixty (60) days of receipt of notice, then no penalty shall be imposed.

Upon receipt of grantee's response to the violation notice, the city may either accept grantee's proposed cure and/or explanation, or if it believes that the violation will not be cured within a reasonable period of time, the city may schedule an administrative hearing, providing grantee no less than fifteen (15) days written notice of the hearing which shall afford grantee due process including an opportunity to present evidence.

Within fifteen (15) days following an administrative hearing on an alleged violation, the city shall issue a written report stating its findings and the reasons therefore. The city may determine:

A.

That the alleged violation has been corrected, or is in the process of being corrected by grantee, and that no further action is required;

B.

That an extension of the time or other appropriate relief should be granted until the cure for the problem can be completed by grantee;

C.

That the problem is beyond grantee's direct control and that grantee is not at fault; or,

D.

That other appropriate action should be taken.

In cases involving construction codes or technical standards, if the alleged violation does not pose a substantial and immediate safety hazard, grantee shall be allowed a reasonable and sufficient time to complete any required corrections or repairs to the system to remedy any alleged noncompliance. So long as grantee is making a good faith effort to correct the alleged noncompliance, no penalties shall be assessed. A "substantial and immediate safety hazard" shall be defined as one posing an imminent likelihood of injury to persons if not repaired immediately. Grantee shall not be penalized for other minor violations of the franchise or applicable codes, so long as it demonstrates it is making good faith efforts to correct any problem or violation within a reasonable period of time of the discovery of alleged violation.

( Ord. No. 99-13, § 15 )