§ 12-107. Revocation.

(a)

Should the franchising authority seek to revoke the franchise after following the procedures set forth in sections 12-103 through 12-106, the franchising authority shall give written notice to the grantee of its intent. The notice shall set forth the exact nature of the repeated or ongoing substantial noncompliance with a material term or terms of the franchise. The grantee shall have 90 days from such notice to object in writing and to state its reasons for such objection. In the event the franchising authority has not received a satisfactory response from the grantee, it may then seek termination of the franchise at a public hearing. The franchising authority shall cause to be served upon the grantee, at least 30 days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to revoke the franchise.

(b)

At the designated hearing, the grantee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce relevant evidence, to require the production of evidence, to compel the relevant testimony of the officials, agents, employees or consultants of the franchising authority, to compel the testimony of other persons as permitted by law, and to question witnesses. A complete verbatim record and transcript shall be made of such hearing.

(c)

Following the hearing, the franchising authority shall determine whether or not the franchise shall be revoked. If the franchising authority determines that the franchise shall be revoked, the franchising authority shall promptly provide the grantee with its decision in writing. The grantee may appeal such determination of the franchising authority to an appropriate court which shall have the power to review the decision of the franchising authority de novo. The grantee shall be entitled to such relief as the court finds appropriate. Such appeal must be taken within 60 days of grantee's receipt of the determination of the franchising authority.

(d)

The franchising authority may, at its sole discretion, take any lawful action which it deems appropriate to enforce the franchising authority's rights under the franchise in lieu of revocation of the franchise.

(Prior Code, § 155.30)