If the metropolitan government has reason to believe that grantee is in violation
of this chapter, the metropolitan government shall notify grantee in writing of the
violation, setting forth the nature of such violation. Within ten days of receipt
of such notice, grantee shall respond in writing to provide explanation or documentation
to support that the violation did not occur. Grantee shall be allowed thirty days
to cure violations after written notice is received from the metropolitan government.
Upon evidence being received by the metropolitan government that any violation of
the franchise ordinance codified in this chapter, any Metropolitan Charter provisions
or any ordinances lawfully regulating grantee in the construction and operation of
this system is occurring, or has occurred, the metropolitan government shall cause
an investigation to be made. If the metropolitan government finds that such a violation
exists or has occurred, the grantee shall take appropriate steps to comply with the
terms of the franchise ordinance codified in this chapter and any lawful regulation.
Should grantee fail to comply, after the above-stated notice and opportunity to cure,
then the metropolitan government may take any action authorized by law, including
revocation or repeal of the franchise or a suit in court to compel compliance. If,
in any such proceeding, default is finally established, grantee shall be required
to pay to the metropolitan government the reasonable expenses incurred in the prosecution
of such suit and all the metropolitan government's damages and costs (including attorney's
fees).
(Ord. 94-1103 § 30, 1994)
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