§ 19-90. Procedure for correcting franchise violations.

(a)

Notice of violation. Should the city determine that an operator has violated one or more terms, conditions or provisions of this chapter or a separate franchise agreement, a written notice shall be given to the operator informing it of such alleged violation. The operator shall have 14 days subsequent to receipt of the notice in which to inform the city in writing of the action the operator will take to correct the violation and to begin such corrective action. Such corrective action shall be completed within 30 days of the date the notice was given by the city, unless the operator's notice shows that the corrective action cannot be completed within 30 days with the exercise of all due speed and diligence and such notice contains a proposed timetable for completion of the corrective action, in which case the city shall authorize a reasonable extension of time where extension can result in correction of the deficiency; provided, however, that the city is not required to grant such an extension in the case of recurring defaults of the same character. If the operator disputes that a violation or failure has, in fact, occurred, it shall give written notice of the dispute to the city within 14 days of the date the notice of violation was given by the city. Such notice of dispute shall specify with particularity the matter disputed by the operator. The notice of dispute shall stay the running of any performance or corrective deadlines pertaining to the matter in dispute, and stay any other action the city may be permitted to take under the chapter, a separate franchise agreement, or applicable law.

(b)

Dispute resolution. The franchise administrator shall consider the operator's dispute within 30 days after receipt of the operator's notice. The franchise administrator shall provide written findings of fact and appropriate conclusions. Consideration shall be given to the matters described in the operator's notification of a dispute in a public hearing.

(c)

Correction by the operator. If after the hearing the disputed claim is upheld by the city, the operator shall have 30 days from the date of mailing of the decision to remedy the violation or failure.

(Ord. No. 930358, § 1(43.90), 8-25-94)