In addition to default for accrued penalties, upon recommendation by the city manager or designee, the city council may terminate a franchise for the franchise holder’s default in performing any material term or condition of this chapter. An event of default also shall include, but not be limited to, entry of a judgment against the franchisee for material misrepresentation or deceit committed against the city or a customer or entry of a judgment of conviction (including conviction on a plea of no contest) against the franchisee or any principal of same for a crime involving dishonesty.

Notice to a franchisee of default shall be delivered to the franchisee by certified mail requiring the franchisee to show cause in a public hearing before the city council at a place and time to be stated in the notice, but no earlier than 14 days from the date the notice is mailed, why the franchise should not be terminated.

At the hearing the franchisee shall demonstrate the measures it has taken or commenced to cure the default. [Ord. 872 § 8.5, 2014.]