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(A) Every provider shall be subject to the City’s exercise of the police, regulatory and other powers as the City now has or may later obtain, and a provider may not waive the application of the same, and the license must be exercised in strict conformity therewith. Every license shall be subject to revocation if the provider fails to comply with the terms and conditions of the license or applicable law. A license shall not be revoked unless the provider is given written notice of the defect in performance and fails to cure the defect within 60 days of the notice, except where the City finds that the defect in performance is due to intentional misconduct, is a violation of criminal law, or is part of a pattern of violations where the provider has already had notice and an opportunity to cure. A hearing shall be held before a license is revoked or not renewed if the provider requests a hearing. In the event of a conflict between this chapter and other provisions of the City code, the stricter requirement shall apply.

(B) Any remedies available to the City are cumulative, and are not limited by the recovery of any amounts pursuant to the insurance provisions of the license, or pursuant to any indemnity clause.

(C) If the licensee fails to pay amounts owed to the City by the time prescribed for payment, the licensee shall pay interest on the amounts owed, at the rate of 1% per month.

(D) If licensee fails or refuses to meet any requirement of the license or this chapter and fails or refuses to remedy or perform any requirement after receiving written notice of violation, the City, at its sole discretion may elect to terminate the license.

(E) A licensee that receives a telecommunications service license pursuant to this chapter may apply for a renewal of its license, which renewal shall be reviewed in accordance with the requirements of law.

(F) Termination or revocation. Upon termination or revocation in accordance with divisions (A) and (D) of this section, or through failure to renew, the licensee shall have two years to obtain a permit and remove its facilities from the streets and public ways. In the event a licensee’s facilities are not removed from the streets and public ways within two years of termination, the facilities shall be deemed abandoned and shall become the property of the City without further notice or compensation. (Ord. 03-842, passed 5-12-2003)