14.30.140 Revocation or Termination of Grant.
A license, telecommunications franchise or cable franchise granted by the City to use or occupy rights-of-way may be revoked pursuant to the provisions of GMC Sections 14.30.100(F), 14.30.110(C), 14.30.120(C), or for any of the following reasons:
1. Construction or operation in the City without a franchise or permit.
2. Construction or operation at an unauthorized location.
3. Unauthorized transfer of control of the Person subject to this chapter.
4. Unauthorized assignment of a franchise or permit.
5. Unauthorized sale, assignment or transfer of all of a franchisee's or permittee's assets, or a substantial interest therein.
6. Misrepresentation or lack of candor by or on behalf of a Person in any application upon which the City relies in making any decision herein.
7. Abandonment of Facilities in the public ways.
8. Failure to relocate or remove Facilities as required in this chapter.
9. Failure to pay taxes, compensation, fees or costs when and as due.
10. Insolvency or bankruptcy of the franchisee or permittee.
11. Violation of material provisions of this chapter.
12. Violation of the material terms of a permit or franchise agreement.
A. Notice and Duty to Cure. In the event that the Mayor believes that grounds exist for revocation of a license or franchise, written notice shall be given of the apparent violation or noncompliance, including a short and concise statement of the nature and general facts of the violation or noncompliance. The Grantee shall be given a reasonable period of time, not exceeding thirty (30) days, to furnish evidence:
1. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance.
2. That rebuts the alleged violation or noncompliance.
3. That it would be in the public interest to impose some monetary damages, penalty or sanction less than revocation.
B. Standards for Revocation or Lesser Sanctions. If persuaded that the Grantee has violated or failed to comply with a material provision of this Chapter or of a license, telecommunications franchise or cable franchise or applicable codes, statutes, or rules and regulations, the Mayor shall make a preliminary determination whether to revoke the license, telecommunications franchise or cable franchise, and issue a written order, or to impose monetary damages, a penalty, or other such lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:
1. Whether the misconduct was egregious.
2. Whether substantial harm resulted.
3. Whether the violation was intentional.
4. Whether there is a history of prior violations of the same or other requirements.
5. Whether there is a history of overall compliance.
6. Whether the violation was voluntarily disclosed, admitted or cured.
C. Appeal. Any person aggrieved by the granting or denying of a telecommunications license, telecommunications franchise or cable franchise or the renewal thereof pursuant to this Chapter shall have the right to appeal to the City Council as follows:
1. All appeals filed pursuant to this Section must be filed in writing with the Mayor within fifteen (15) working days of the date of the decision appealed from;
2. All appeals filed pursuant to this Section shall specify the error of law or fact, or new evidence that was not reasonably available at the time of the Mayor's decision, which shall constitute the basis of the appeal;
3. Upon receipt of a timely written notice of appeal, the Mayor shall advise the City Council of the pendency and schedule a date for a hearing.