5.26.140 Revocation.
A. Revocation or Termination of Franchise: A franchise to use or occupy public rights-of-way of the City may be revoked for the following reasons:
1. Construction or operation in the City or in the public rights-of-way of the City without a construction permit.
2. Construction or operation at an unauthorized location.
3. Failure to comply with 5.26.130 herein with respect to sale, transfer, or assignment of a telecommunications system or franchise.
4. Misrepresentation by or on behalf of a grantee in any application to the City.
5. Abandonment of tele-communications facilities in the public rights-of-way.
6. Failure to relocate or remove facilities as required in this Ordinance.
7. Failure to pay taxes, compensation, fees, or costs when and as due the City under this Ordinance.
8. Insolvency or bankruptcy of the grantee.
9. Violation of material provisions of this Ordinance.
10. Violation of the material terms of a franchise agreement.
B. Notice and Duty to Cure: In the event that the City believes that grounds exist for revocation of a franchise, the City shall give the grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time, not exceeding thirty (30) days, to furnish evidence that:
1. Corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance;
2. Rebuts the alleged violation or noncompliance; and/or
3. It would be in the public interest to impose some penalty or sanction less than revocation.
C. Public Hearing: In the event that a grantee fails to provide evidence reasonably satisfactory to the City as provided in Section B hereof, the City Manager may refer the apparent violation or non compliance to the City Council. The City Council shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter.
D. Standards for Revocation or Lesser Sanctions: If persuaded that the grantee has violated or failed to comply with material provisions of this Ordinance, or of a franchise agreement, the City Council shall determine whether to revoke the franchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent, and gravity of the violation as reflected by one or more of the following factors. Whether:
1. The misconduct was egregious.
2. Substantial harm resulted.
3. The violation was intentional.
4. There is a history of prior violations of the same or other requirements.
5. There is a history of overall compliance.
6. The violation was voluntarily disclosed, admitted, or cured.
E. Other City Costs: All grantees shall, within thirty (30) days after written demand therefore, reimburse the City for all reasonable direct and indirect costs and expenses incurred by the City in connection with any modification, amendment, renewal, or transfer of the franchise or any franchise agreement consistent with applicable state and federal laws.