§ 45. Procedure for Imposition of Penalties.

A.

Whenever the City finds that Franchisee has violated one or more terms, conditions or provisions of this Franchise, a written notice shall be given to Franchisee informing it of such violation or liability. The written notice shall describe in reasonable detail the specific violation so as to afford Franchisee an opportunity to remedy the violation. Franchisee shall have twenty (20) days subsequent to receipt of the notice in which to correct the violation before the City may resort to the security fund. Franchisee may, within ten (10) days of receipt of notice, notify the City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Franchisee to the City shall specify with particularity the matters disputed by Franchisee.

B.

The City shall hear Franchisee's dispute at its next regularly or specially scheduled meeting. The City shall supplement the decision with written findings of fact.

C.

If after hearing the dispute the claim is upheld by the City, Franchisee shall have twenty (20) days from such a determination to remedy the violation or failure. At any time after that twenty (20) day period, the City may draw against the security fund all penalties due it.

D.

Franchisee shall be liable for full payment of all penalties imposed under this section, whether or not sufficient sums remain in the security fund to pay the penalties.

(Ord. No. 1475, § 45, 5-12-2009)