[R.O. 2011 §625.310]
A. 
Notice Of Violation. Should the City determine that an operator has violated one (1) or more terms, conditions or provisions of the Cable Communications Code or a separate franchise agreement, a written notice shall be given to the operator informing it of such alleged violation. The operator shall have fourteen (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 corrective action. Such corrective action shall be completed within thirty (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 thirty (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 an extension in the case of recurring defaults of the same character. If the operator disputes that a violation or failure has occurred, it shall be given written notice of the dispute to the City within fourteen (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, pursuant to the procedure set forth below, 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 ordinance, a separate franchise agreement, or applicable law with respect to the disputed matter.
B. 
Dispute Resolution. The franchise administrator shall consider the operator's dispute within thirty (30) days after receipt of the operator's notice of dispute. 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 dispute in a public hearing.
C. 
Request For Board Hearing. If the franchise administrator determines that a violation has not occurred, the City may, within fourteen (14) days from the date of such decision, request, in writing, a hearing before the Board. If the franchise administrator determines that a violation has occurred, operator shall have fourteen (14) days from the date of decision to begin correction of the violation or request in writing a hearing before the Board. Operator's request for a hearing before the Board shall stay the running of any performance or corrective deadlines pertaining solely to the disputed matter.
D. 
Board Hearing. The Board shall hear the disputed matter at a regularly scheduled or specially called meeting, within twenty (20) days after receiving the City's or operator's request for a hearing. City and operator may present evidence in the hearing and call witnesses for specific testimony. The Board shall decide the matter within seven (7) days of the hearing and written findings of fact shall accompany its decision.
E. 
Correction/Appeal. If the Board determines that a violation has occurred, operator shall have fourteen (14) days from the receipt of written notice of the Board's decision to give notice to the City of the corrective action operator will take and begin said corrective action. Such corrective action shall be accomplished within thirty (30) days of the date of the decision. If, however, operator intends to appeal the Board's decision, or offer to submit the matter to the arbitration of disinterested parties, such notice of intent to appeal or arbitrate shall be presented to the City in writing within fourteen (14) days of the date of the Board's decision.
F. 
Penalty. If an operator does not dispute that a violation has occurred, or elects not to appeal a decision upholding a disputed claim by either the franchise administrator or the Board, and subsequently fails to begin corrective action within the fourteen (14) day period as required, and/or fails to notify the City of the corrective action to be taken within the fourteen (14) day period as required, or fails to correct the violation within thirty (30) days of the date of the decision, the City shall then have the option of charging operator with a penalty in the amount of one hundred dollars ($100.00) per twenty-four (24) hour day for every day the violation remains uncorrected, from the date the operator receives a written notice from the franchise administrator that the penalty will be levied.
[R.O. 2011 §625.320; Ord. No. 97-35 §1, 3-18-1997]
A. 
Revocation For Cause. In addition to all other rights, powers and remedies available to the City, then following compliance with the applicable procedures of Section 625.310, the City shall have the additional, separate and distinct right to revoke a franchise and all the rights, authority, power, privileges and permissions granted the operator by the Cable Communications Code and a separate franchise agreement, as a result of and in response to, any of the following events or reasons:
1. 
Fraud. The operator commits an act of fraud, as determined by a court of competent jurisdiction, against the City in obtaining its franchise, or upon being granted the continuation of the franchise commits such an act against the City; or
2. 
Failure to correct defect. The operator fails to:
a. 
Pay the franchise fee within five (5) days following; or
b. 
Substantially correct a material violation of the Cable Communications Code within thirty (30) days following:
(1) 
Written demand by the City to effect such compliance, unless such decision is stayed by a court of competent jurisdiction or agreed to by the City; or
(2) 
A final decision of a panel of arbitrators, if used by the City and the operator, or a court of competent jurisdiction reviewing the disputed matter.
3. 
Bankruptcy. An operator is adjudged to be bankrupt. However, should the City be prohibited from revoking the franchise due to an operator's bankruptcy, the operator agrees, as a means of assuring future payments of the franchise fee payable under its franchise agreement and assuring future compliance with all other requirements of its franchise agreement, to provide to the City within thirty (30) days of an order of a court of competent jurisdiction adjudging the operator to be bankrupt, and entitled to the protection of State and Federal bankruptcy laws, a bond in the amount of the franchise fees paid by the operator to the City the previous year.
B. 
Revocation By Ordinance. Revocation of a franchise shall be accomplished by passage of an ordinance. An ordinance revoking a franchise shall include the reason for the revocation, and a listing of facts found, and conclusions made, by the Board to justify revocation. The effective date of the revocation shall be stated in the Cable Communications Code. An ordinance revoking a franchise shall not be passed without thirty (30) days' written notice to the operator that an ordinance to revoke its franchise will be considered by the Board. An operator shall retain the privilege to be heard by the Board or any Board committee regarding the proposed revocation ordinance. An operator may request a review of the revocation findings and conclusions pursuant to any applicable law.
C. 
Continuance Of Service After Revocation. The City may require an operator to continue operating its system after revocation until such time as operation of the system can be transferred to a new owner or the City exercises its rights under the Cable Communications Code.
D. 
Removal After Revocation.
1. 
Procedure. Upon revocation of a franchise and after a review of the revocation findings and conclusions by a court of competent jurisdiction, if such review is sought by an operator, the City may require the operator to remove, at the operator's expense, any above-ground portion of its system from any street or other public property. In removing its system, an operator shall refill and compact, at its own expense, any excavation that shall be made, and shall leave all streets and other public property, and private property, in as good a condition as that prevailing prior to the operator's removal of its system, and without affecting, altering or disturbing in any way electric, telephone, gas, steam, or water utilities or other operator's cables, wires or attachments. The insurance, indemnity and damage provisions of the Cable Communications Code or separate franchise agreement shall remain in full force and effect during the entire term of removal.
2. 
Failure to remove system. If an operator fails to commence removal of its system, or such part as was designated, in accordance with the Cable Communications Code, within one hundred eighty (180) days after written notice of the City's demand for removal is given, or if the operator fails to complete such removal within one (1) year after removal has begun, the City shall have the right to exercise one (1) of the following options:
a. 
Assumption of ownership. Declare all right, title and interest to the system to be in the City or its designee with all right of ownership including, but not limited to, the right to operate the system or transfer the system to another for operation.
b. 
Abandonment of system. Declare the system abandoned and cause the above-ground portion of the system, or such part as the City may designate, to be removed at no cost to City. The cost of the removal shall be recoverable pursuant to the insurance and indemnity provisions of the Cable Communications Code or a separate franchise agreement, or from the operator directly.