A.    Notice of Violation. In the event that the city believes that the company has not complied with the terms of the franchise, it shall notify the company in writing of the exact nature of the alleged noncompliance.

    B.    Company's Right to Cure or Respond. The company shall have thirty days from receipt of the notice to:

    1.    Respond to the city contesting the assertion of noncompliance, or

    2.    To cure such default or, in the event that by the nature of the default, such default cannot be cured within the thirty-day period, initiate reasonable steps to remedy such default and notify the city of the steps being taken and the projected date that they will be completed.

    C.    Public Hearing. In the event that the company fails to respond to the notice pursuant to the procedures set forth in this chapter, or in the event that the alleged default is not remedied within sixty days after the company is notified of the alleged default, the city shall schedule a public meeting to investigate the default.  Such public meeting shall be held at the next regularly scheduled meeting of the city which is scheduled at a time which is no less than five business days therefrom. The city shall notify the company of the time and place of such meeting and provide the company with an opportunity to be heard.

    D.    Enforcement.

    1.    Subject to applicable federal and state laws, in the event the city, after such meeting, determines that the company is in default of any provision of the franchise, the city may:

    a.    Foreclose on all or any part of the security provided under the franchise, if any, including without limitation any bonds or such surety; provided, however, the foreclosure shall only be in such a manner and in such minimum amount as the city reasonably determines is necessary to remedy the default;

    b.    Commence an action at law for monetary damages or seek other equitable relief;

    c.    In the case of a substantial default of a material provision of the franchise, declare the franchise agreement to be revoked; or

    d.    Seek specific performance of any provision which reasonably lends itself to such remedy, as an alternative to damages.

    2.    The company shall not be relieved of any of its obligations to comply promptly with any provision of the franchise by reason of any failure of the city to enforce prompt compliance.

    E.    Acts of God. The company shall not be held in default or noncompliance with the provisions of the franchise, nor suffer any enforcement or penalty relating thereto, where such noncompliance or alleged defaults are caused by strikes, acts of God, power outages, or other events reasonably beyond its ability to control. (Ord. 496 § 2 (part), 1993)