2002 FEBRUARY - Laserfiche WebLink

6.52.120 special test shall be recorded. (Ord. 1829 § 2, 2001) 6.52.130 Franchise Violations: A. Remedies For Violations: If grant- ee fails to perform in a timely manner any material obligation required by this chapter or a franchise granted hereun- der, following reasonable written notice from the grantor and a reasonable op- portunity to cure such nonperformance in accordance with the provisions of this section and the franchise, grantor may at its option and in its sole discre- tion: 1. Cure the violation and recover the actual cost thereof from the security fund established in the franchise agree- ment if such violation is not cured within thirty (30) days after written notice to the grantee of grantor's in- tention to cure and draw upon the secu- rity fund; 2. Assess against grantee liquidated damages in an amount set forth in the franchise agreement for any such viola- tions(s) if such violation is not cured, or if grantee has not commenced a cure, on a schedule reasonably acceptable to grantor, within thirty (30) days after written notice to the grantee of grantor's intention to assess liquidated damages. Such assessment may be withdrawn from the security fund, and shall not constitute a waiver by grantor of any other right or remedy it may have under the franchise or applicable law, including, without limitation, its right to recover from grantee such addi- tional damages, losses, costs and expenses, including actual attorney fees, as may have been suffered or incurred by grantor by reason of or arising out of such material breach of the franchise. B. Procedure For Remedying Fran- chise Violations: Prior to imposing any remedy or other sanction against grant- ee specified in this chapter, grantor shall give grantee notice and opportu- nity to be heard on the matter, in accor- dance with the following procedures: 1. Grantor shall first notify grantee of the alleged violation in writing by personal delivery or registered or certi- fied mail, and demand correction, or evidence of nonviolation, within a reasonable time, which shall not be less than fifteen (15) business days in the case of the failure of the grantee to pay any sum or other amount due the grantor under this chapter or the grantee's franchise and thirty (30) busi- ness days in all other cases. If grantee fails to: a. Correct the alleged violation with- in the time prescribed; or b. Commence correction of the al- leged violation within the time pre- scribed and diligently remedy such alleged violation thereafter; or c. Provide evidence that there is no violation; the grantor shall then give, by per- sonal delivery or registered or certified mail, written notice of not less than thirty (30) days of a public hearing to be held before the council. Said notice shall set forth in detail each of the violations alleged to have occurred. 2. Subsequent to the public hearing, (Pleasanton February 2002) 192-22