§ 114.08. Revocation, suspension, termination, and enforcement remedies.
(a)
City's right of revocation. The city may revoke or suspend any license granted hereunder and rescind all rights and privileges provided herein in the following circumstances each of which shall constitute a default and breach under this chapter and/or license:
(1)
If the license was fraudulently obtained.
(2)
If the licensee should default in the performance of any of its material obligations under this chapter or the license granted hereunder. Within 60 days' written notice thereof to the licensee, licensee shall be afforded the opportunity to cure such defects.
(3)
If the licensee should fail to provide or maintain in full force and effect the liability and indemnification coverages, or the performance bonds or equivalent as required herein.
(4)
The licensee attempts to dispose of any of the facilities or property of its cable communications system to prevent the city from recovering any payments due or any losses or damages arising out of the license.
(5)
The licensee has transferred or has attempted to transfer ownership or control of the license without prior approval of the city.
(6)
The licensee attempts to evade any material provision of this chapter or license by a pattern of fraud or deceit.
(7)
The licensee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt.
(8)
The licensee's federal and state licenses and certificates necessary to operate the system within the license territory in conformity with this chapter and any license granted hereunder are revoked, terminated or otherwise not in full force or effect.
(b)
Procedures for revocation or suspension.
(1)
The city shall cause to be served upon the licensee by certified mail written notice of its intention to initiate revocation or suspension proceedings as provided in this chapter. Such notice shall specify as may be applicable the failures, neglect, refusals, actions, conditions, circumstances, violations, defaults or breaches which constitute the basis for the proposed revocation or suspension and make demand upon the licensee to implement prompt corrective measures to remedy such failures, neglect, refusals, actions, conditions, circumstances, violations, defaults or breaches and effect substantial compliance with the terms of this chapter and the license. If the licensee shall fail to implement corrective action within 60 days following written notice, the city shall cause to be served upon the licensee by certified mail a written notice and order to show cause why its license should not be revoked or suspended and shall fix a date, time and place for a public hearing before the city council, provided however, that the licensee shall be entitled to not less than 30 days' prior notice of the date, time and place of the public hearing. The city shall cause the notice and order to show cause to be published in a newspaper of general circulation in the city at least once each week for two weeks prior to the public hearing.
(2)
The administrative hearing may be conducted during the regularly scheduled public hearing agenda of the city council or at a specially scheduled public hearing. Licensee may be represented by an attorney and shall be given the opportunity to present such witnesses and relevant evidence as licensee deems appropriate. The city council may designate such employees or agencies of the city as it desires to present evidence relevant to the matters raised in the initial written notice and the notice and order to show cause.
(3)
The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript.
(4)
The hearing need not be conducted according to the rules of court relating to evidence and witnesses provided, however, that licensee shall be afforded all due process.
(5)
The city council may hear any interested persons, however, any such presentations must be relevant to the issues raised in the written notice and the notice and order to show cause.
(6)
Upon conclusion of the administrative hearing the city council shall make its findings and conclusions as to whether the allegations made or contained in the notice and order to show cause occurred or existed as charged, whether or not any such failures, refusals, neglect, actions, conditions, circumstances, violations, defaults or breaches occurred or existed with just cause, or, if not, whether on the basis of the evidence adduced some lesser penalty or remedy is appropriate. If such cause is founded, the city council shall direct the licensee to comply within such time and manner and upon such terms and conditions as are reasonable. If licensee shall fail to comply as directed within the time prescribed, the license shall be deemed to be revoked or suspended, as the case may be, unless the city council shall thereafter prescribe some lesser penalty or remedy.
(c)
Appeal. If the city council's determination is to revoke or suspend the license, the licensee may, subject to exhaustion of administrative remedies, have such decision reviewed by the filing of a petition for writ of certiorari in the Circuit Court of the Nineteenth Judicial Circuit of the State of Florida in and for St. Lucie County, Florida, or, if in federal court, in the District Court for the Southern District of Florida, in accordance with the procedure and within the time provided by the Florida Appellate Rules or the Federal Appellate Rules, as appropriate for the review of the rulings of any commission or board, which rules or practice and procedures are hereby adopted.
(d)
Requirements upon termination or expiration. In the event of termination or expiration and nonrenewal of the license, licensee shall continue to be bound as follows:
(1)
Removal of plant. At such time as directed by the city, and within one year, licensee will remove at its own expense all of its plant structures and plant-related equipment which are within the public rights-of-way. Licensee shall also be required to refill, at its own expense, any excavation made by it in removing its plant, structures and equipment, and shall leave all public ways and places in as good condition as that prevailing immediately prior to the licensee's removal of its equipment and appliances.
(2)
Insurance and bonds remain in effect. The liability, indemnity and insurance, and the bonds required herein by the license, shall continue in full force and effect during the period of system operation.
(e)
Enforcement remedies.
(1)
Because the city may suffer damages from any violation by a licensee of a license agreement or of this chapter, which damages may be difficult to quantify, the failure to comply with any provision of this chapter or the failure to comply with any provision of a license agreement or failure to comply with any lawful order of the city within 30 days of receipt of notice of such noncompliance from the city, a licensee shall pay $1,000.00.00 per day for each day, or part thereof, per violation that such noncompliance continues.
(2)
Before assessing liquidated damages against a licensee the city shall give the licensee written notice of the violation of its intention to assess such damages, which notice shall contain a specific description of the alleged violation. The licensee shall cure said violation no later than 30 days of the date of receipt of the notice or, if a cure cannot be effected within 30 days, shall have timely commenced and diligently pursued such a cure. The city may collect liquidated damages owed, either through draw down through a claim against the performance bond or through any other means allowed by law. Licensee shall have the right to appeal any imposition of liquidated damages. Such appeal shall be pursuant to the appeal procedures set forth in subsection 114.05(g)(3).
(3)
The assessment and collection of liquidated damages provided in this section and acceptance of the same by the city for specified violations shall not be deemed a waiver of any other rights of enforcement that it has against a licensee with respect to other violations, including but not limited to, its rights to suspend or revoke a license agreement.
(Ord. No. 00-24, § 8, 4-10-00)