§ 102-41. Forfeiture of license.

Failure by the grantee to comply in any substantial respect with any of the provisions, terms or requirements of the license granted under this article shall result in a forfeiture. Upon a finding by the grantor of the grantee's forfeiture, the grantee shall have 30 days after said determination by grantor of substantial breach within which to make restitution or to cure the alleged default or breach. Grantee's failure to make restitution or to otherwise cure the alleged default or breach shall result in revocation of the license issued hereunder and cancellation of the grantee's franchise issued pursuant to this article. The grantor, in its discretion, may grant additional time to the grantee for restitution and compliance, as the necessities of the case may require. The grantee shall have the right to challenge the grantor's determination of forfeiture in a court of competent jurisdiction, and both the grantor and the grantee reserve the right of appeal of the findings of any such court. Following revocation of grantee's license and franchise, grantee shall be treated as a holdover tenant subject to the terms and conditions set forth in this article and any license or franchise issued hereunder, until such time as grantee's facilities have been moved from the county rights-of-way to private easements and damage to the county rights-of-way has been repaired as required herein, or until the grantor's determination of forfeiture has been fully and finally reversed by a court of competent jurisdiction, including exhaustion of all appeals undertaken by grantor or by grantee.

(Ord. No. 94-03, § 10, 8-9-94; Ord. No. 2018-01, § 11, 1-9-2018)