Any director of public works of the county or cities who determines that within his
or her jurisdiction a franchisee has committed an act or omission in violation of
any of the provisions of sections 90-252 through 90-260, inclusive, above, shall be authorized to mail written notice of the violation to
the franchisee.
Not later than seven calendar days following the mailing of such notice, the franchisee
shall be authorized to file an appeal with the clerk of the governing body of the
county or cities by whom the director of public works is employed. The franchisee
shall also file a copy of the notice in the office of the director of public works.
The governing body shall hear the appeal, and shall be authorized to do so at its
earliest convenience. The franchisee shall be authorized to present oral and documentary
evidence and cross examine witnesses. Formal rules of evidence shall not be applicable.
If no appeal is filed and within ten calendar days following mailing of the notice,
the franchisee has failed to correct the violation, or if an appeal is filed and within
five calendar days following mailing to the franchisee of an order by the governing
body, the franchisee has failed to correct the violation as directed in the order,
the director of public works shall be authorized to correct the violation through
assignment of such task to his or her subordinate personnel or delegation of authority
to take such corrective action to a public utility, public district, contractor or
other third party. In such event, the franchisee shall be liable for the full amount
of any charges made for such corrective action, any salary and benefit costs of any
public employees assigned to take such corrective action, and the costs of material,
supplies and goods utilized in taking such corrective action.
The provision of this section shall not be construed to fix the date of a breach by
a franchisee of any of the provisions of sections 90-252 through 90-260, inclusive, above, at the prescribed period following mailing of the notice of violation,
or to prevent a determination that a franchisee has breached any of said sections
in advance either of the ten days following the mailed notice or in advance of mailing
of the notice or any communication pursuant to this section to the franchisee. Nor
shall the provisions of this section be so construed as to relieve the franchisee
from liability for any damages which may arise out of and be proximately caused by
breach by a franchisee of any of the provisions of said sections.
