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If a franchisee willfully violates or fails to comply with any of the material provisions of this franchise, the city shall give written notice to a franchisee of the alleged noncompliance of its franchise. A franchisee shall have forty-five days from the date of notice of noncompliance to cure such alleged default or, if such default cannot be cured within forty-five days, to present to the city a plan of action whereby such default can be promptly cured.

If such default continues beyond the applicable dates agreed to for such cure, the city shall give a franchisee written notice that all rights conferred under this chapter and its franchise may be revoked or terminated by the council after a public hearing. A franchisee shall be entitled to not less than thirty days’ prior notice of the date, time and place of the public hearing. The city may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the superior court having jurisdiction compelling a franchisee to comply with the provisions of the franchise and may recover damages and costs incurred by the city by reason of a franchisee’s failure to comply. (Ord. 2346 § 1, 1995)