1. The city shall provide franchisee with a detailed written notice, by certified mail, detailing the violation, the steps necessary to cure such violation, and time period within which the violation must be cured. Within 30 days thereafter, the franchisee shall respond demonstrating that no violation occurred, that any problem has been corrected, or with a proposal to correct the problem within a specified period of time.

2. The franchisee may request an extension of time to cure an alleged violation if construction is suspended or delayed by the city, or where unusual weather, natural consequences (e.g., earthquakes, floods, etc.), extraordinary acts of third parties, or other circumstances which are reasonably beyond the control of the franchisee delay progress; provided, that the franchisee has not, through its own actions or inactions, contributed to the delay. The amount of additional time allowed will be determined by the city. The extension of time in any case shall not be greater than the extent of the actual noncontributory delay experienced by the franchisee.

3. If said response is not satisfactory to city, the city may declare a franchisee to be in default, with written notice, by certified mail, to the franchisee. Within 10 business days after notice to the franchisee, the franchisee may deliver to the city a request for a hearing before the city council. If no such request is received, the city may declare the franchise terminated for cause or impose lesser sanctions.

4. If the franchisee files a timely written request for a hearing, such hearing shall be held within 30 days after the city’s receipt of the request therefor. Such hearing shall be open to the public and the franchisee and other interested parties may offer written and/or oral evidence explaining or mitigating such alleged noncompliance. Within 10 days after the hearing, the city council, on the basis of the record, will make the determination as to whether there is cause for termination, whether the franchise will be terminated, or whether lesser sanctions should be imposed. The city council may in its sole discretion fix an additional time period to cure violations. If the deficiency has not been cured at the expiration of any additional time period or if the city council does not grant any additional period, the city council may by resolution declare the franchise to be terminated and forfeited or impose lesser sanctions.

5. If a franchisee appeals revocation and termination, such revocation may be held in abeyance pending judicial review by a court of competent jurisdiction, provided a franchisee is otherwise in compliance with the franchise.

6. Nothing contained in this section shall prevent the issuance of a new franchise containing terms substantially the same or identical to a franchise which previously was revoked, upon satisfactory assurances made to the city that the terms and conditions of this chapter can be met by the new franchisee.