§ 71-44. Procedure for remedying violations.

(a)

If the city determines that a grantee has violated any material provision of its cable communications franchise or this chapter, the city may make a written demand on the grantee that it remedy such violation. Following written notice to the grantee by the city of a breach of any franchise granted under this chapter and subject to the limitation on cure periods in section 71-45(a) for certain violations and events set forth in section 71-45(a)(1) through (8) below, grantee shall have 30 days (or such longer time as the city and grantee agree is reasonably necessary) to demonstrate that there has been no breach or to cure such breach. In the event that grantee fails to cure such breach within said 30-day period (or such longer period as city has agreed to), city may, notwithstanding any other remedies provided in this chapter or otherwise available under law, elect one or more of the following remedies:

(1)

Make such correction itself and charge the cost of same to the grantee;

(2)

Secure the proceeds from any financial performance instrument posted by the grantee; or

(3)

Declare grantee in material default and act to terminate grantee's franchise and the rights granted under this chapter as provided for in section 71-45 below.

Notwithstanding the preceding provisions of this section 71-44, the 30 day or longer cure period provided above to a grantee above shall not apply and no cure period shall exist with respect to the third and all subsequent violations of the same provision of this chapter or a franchise agreement within a 12-month period after the occurrence of the first such violation before the city may elect and impose one or more of the remedies set forth above.

(Ord. No. 02-03, Art. II(14), 2-28-02)