Azusa Municipal Code Art. XIV Enforcement Mechanism

Except as provided in this chapter or in the franchise, prior to formal consideration by grantor of termination, revocation, and/or forfeiture of grantee's franchise and/or any other penalty or administrative remedy available to the grantor, including liquidated damages, because of grantee's failure, willful, negligent or otherwise, to adhere to the terms and conditions of the franchise and/or this chapter, grantor shall make written demand on grantee to correct the default alleged. Grantor and grantee shall expeditiously meet to discuss the alleged default, at which time grantee shall indicate, in writing, the amount of time necessary to resolve the alleged problem. Giving due consideration to grantee's request, grantor shall, in writing, state the amount of time grantor will allow grantee to resolve the problem. During this time period, but in no event fewer than ten days before the final date for correction, grantee may request additional time to correct the problem and grantor shall grant said request if grantor determines, in the exercise of its discretion, that such time is necessary due to delays beyond grantee's control. If the default continues for a period of ten days following such deadline for corrections plus any extension thereof, a hearing on such franchise termination, revocation, forfeiture and/or any other penalty or administrative remedy be scheduled by grantor.

The administrative officer shall provide written notice of such hearing, including the grounds for the proposed action, to the grantee in writing no less than 30 days before any hearing on the matter. In addition, the administrative officer, as part of said written notification, shall state the procedure to be utilized by the grantor to determine whether cause for termination, revocation, forfeiture or other penalty exists. At a minimum, said procedure shall afford the grantee adequate notice and a fair opportunity for full participation, including the right to introduce evidence, to require the production of evidence, to question witnesses, and to obtain a transcript of said proceeding at grantee's expense. Within ten days of the receipt of said notice, grantee shall file written objections to said procedures. The administrative officer shall notify grantee of any modification to the procedures and provide another ten-day objection period. Any procedural defects not raised within said ten-day periods shall be deemed waived. At the hearing, grantor shall hear grantee and any person interested in the matter and shall determine, at that or subsequent meetings, an appropriate course of action for enforcement or termination of grantee's franchise.

(Ord. No. 95-08, § 15.1, 4-17-95)

Such liquidated damages as grantor may assess against grantee which do not include loss of franchise may, at grantor's option, be determined by an officer or agency of the grantor to which it may delegate such administrative considerations and decisions subject to due process and the criteria contained in this chapter and the franchise, subject to appeal to the city council.

(Ord. No. 95-08, § 15.2, 4-17-95)